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Terms
and Conditions
In
using this website you are deemed to
have read and agreed to the following terms and conditions:
The
following terminology applies
to these Terms and Conditions, Privacy Statement and
Disclaimer Notice and
any or all Agreements: "Client", “You” and “Your” refers to
you,
the person accessing this website and accepting the Company’s terms and
conditions. "The Company", “Ourselves”, “We” and "Us",
refers to our Company. “Party”, “Parties”, or “Us”, refers to both the
Client
and ourselves, or either the Client or ourselves. All terms refer to
the offer,
acceptance and consideration of payment necessary to undertake the
process of
our assistance to the Client in the most appropriate manner,
whether by
formal meetings of a fixed duration, or any other means, for the
express
purpose of meeting the Client’s needs in respect of provision of the
Company’s
stated services/products, in accordance with and subject to, prevailing
English
Law. Any use of the above terminology or other words in the singular,
plural,
capitalisation and/or he/she or they, are taken as
interchangeable and
therefore as referring to same.
Confidentiality
We
are registered under the Data Protection
Act 1998 and as such, any information concerning the Client and their
respective
Client Records may be passed to third parties. However, Client records
are
regarded as confidential and therefore will not be divulged to any
third party,
other than our suppliers and if legally required to do so to the
appropriate
authorities. Clients have the right to request sight of, and copies of
any and
all Client Records we keep, on the proviso that we are given reasonable
notice
of such a request. Clients are requested to retain copies of any
literature
issued in relation to the provision of our services. Where appropriate,
we
shall issue Client’s with appropriate written information, handouts or
copies
of records as part of an agreed contract, for the benefit of both
parties.
We
will not sell, share, or rent your
personal information to any third party or use your e-mail address for
unsolicited mail. Any emails sent by this Company will only be in
connection
with the provision of agreed services and products.
Disclaimer
Exclusions
and Limitations
The information on this web site is provided on an "as is" basis. To
the fullest extent permitted by law, this Company:
excludes
all representations and warranties
relating to this website and its contents or which is or may be
provided by any
affiliates or any other third party, including in relation to any
inaccuracies
or omissions in this website and/or the Company’s literature; and
excludes
all liability for damages arising
out of or in connection with your use of this website. This includes,
without
limitation, direct loss, loss of business or profits (whether or not
the loss
of such profits was foreseeable, arose in the normal course of things
or you
have advised this Company of the possibility of such potential loss),
damage
caused to your computer, computer software, systems and programs and
the data
thereon or any other direct or indirect, consequential and incidental
damages.
This
Company does not however exclude
liability for death or personal injury caused by its negligence. The
above
exclusions and limitations apply only to the extent permitted by law.
None of
your statutory rights as a consumer are affected.
Termination
of Agreements and Refunds Policy
Both the Client and ourselves
have the
right to terminate any Services Agreement for any reason, including the
ending
of services that are already underway. No refunds shall be offered,
where a
Service is deemed to have begun and is, for all intents and purposes,
underway.
Any monies that have been paid to us which constitute payment in
respect of the
provision of unused Services, shall be refunded.
Availability
You are solely responsible for evaluating the fitness for a particular
purpose
of any downloads, programs and text available through this site.
Redistribution
or republication of any part of this site or its content is prohibited,
including
such by framing or other similar or any other means, without the
express
written consent of the Company. The Company does not warrant that the
service
from this site will be uninterrupted, timely or error free, although it
is
provided to the best ability. By using this service you thereby
indemnify this
Company, its employees, agents and affiliates against any loss or
damage, in
whatever manner, howsoever caused.
Log
Files
We use IP addresses to analyse trends, administer the site, track
user’s movement,
and gather broad demographic information for aggregate use. IP
addresses are
not linked to personally identifiable information. Additionally, for
systems
administration, detecting usage patterns and troubleshooting purposes,
our web
servers automatically log standard access information including browser
type,
access times/open mail, URL requested, and referral URL. This
information is
not shared with third parties and is used only within this Company on a
need-to-know basis. Any individually identifiable information related
to this
data will never be used in any way different to that stated above
without your
explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses
cookies to
enable us to retrieve user details for each visit. Cookies are used in
some
areas of our site to enable the functionality of this area and ease of
use for
those people visiting. Some of our affiliate partners may also use
cookies.
Links
to this website
You may not create a link to any page of this website without our prior
written
consent. If you do create a link to a page of this website you do so at
your
own risk and the exclusions and limitations set out above will apply to
your
use of this website by linking to it.
Links
from this website
We do not monitor or review the content of other party’s websites which
are
linked to from this website. Opinions expressed or material appearing
on such
websites are not necessarily shared or endorsed by us and should not be
regarded as the publisher of such opinions or material. Please be aware
that we
are not responsible for the privacy practices, or content, of these
sites. We
encourage our users to be aware when they leave our site & to
read the
privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this site or accessed
through
this site yourself, before disclosing any personal information to them.
This
Company will not accept any responsibility for any loss or damage in
whatever
manner, howsoever caused, resulting from your disclosure to third
parties of
personal information.
Copyright
Notice
Copyright and other relevant intellectual property rights exists on all
text
relating to the Company’s services and the full content of this website.
Communication
We have several different e-mail addresses for different queries.
These, &
other contact information, can be found on our Contact Us link on our
website
or via Company literature or via the Company’s stated telephone,
facsimile or
mobile telephone numbers. This company is in Australia
Force
Majeure
Neither party shall be liable to the other
for any failure to perform any obligation under any Agreement which is
due to
an event beyond the control of such party including but not limited to
any Act
of God, terrorism, war, Political insurgence, insurrection, riot, civil
unrest,
act of civil or military authority, uprising, earthquake, flood or any
other
natural or man made eventuality outside of our control, which causes
the termination
of an agreement or contract entered into, nor which could have been
reasonably
foreseen. Any Party affected by such event shall forthwith inform the
other
Party of the same and shall use all reasonable endeavours to comply
with the
terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon
strict performance of any provision of this or any Agreement or the
failure of
either Party to exercise any right or remedy to which it, he or they
are
entitled hereunder shall not constitute a waiver thereof and shall not
cause a
diminution of the obligations under this or any Agreement. No waiver of
any of
the provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
General
The laws of Australia govern
these terms
and conditions. By accessing this website and using our services/buying
our
products you consent to these terms and conditions and to the exclusive
jurisdiction of the Australian courts in all disputes arising out of
such
access. If any of these terms are deemed invalid or unenforceable for
any
reason (including, but not limited to the exclusions and limitations
set out
above), then the invalid or unenforceable provision will be severed
from these
terms and the remaining terms will continue to apply. Failure of the
Company to
enforce any of the provisions set out in these Terms and Conditions and
any
Agreement, or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the
validity of
these Terms and Conditions or of any Agreement or any part thereof, or
the
right thereafter to enforce each and every provision. These Terms and
Conditions shall not be amended, modified, varied or supplemented
except in
writing and signed by duly authorised representatives of the Company.
Notification
of Changes
The Company reserves the right to change
these conditions from time to time as it sees fit and your continued
use of the
site will signify your acceptance of any adjustment to these terms. If
there
are any changes to our privacy policy, we will announce that these
changes have
been made on our home page and on other key pages on our site. If there
are any
changes in how we use our site customers’ Personally Identifiable
Information,
notification by e-mail or postal mail will be made to those affected by
this
change. Any changes to our privacy policy will be posted on our web
site 30
days prior to these changes taking place. You are therefore advised to
re-read
this statement on a regular basis
These
terms and conditions form part of the
Agreement between the Client and ourselves. Your accessing of this
website
and/or undertaking of a booking or Agreement indicates your
understanding,
agreement to and acceptance, of the Disclaimer Notice and the full
Terms and
Conditions contained herein. Your statutory Consumer Rights are
unaffected.
©
qweblish 2008 All Rights Reserved
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