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TERMS OF USE Terms of UseThe Air Guitar Australia website (the ‘Website’) is owned and operated by Air Guitar Australia. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. The Website is intended for residents of Australia and New Zealand only. Your Obligations1. You must use the Website in a responsible manner.
2. You must not:
(a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
(b) use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;
(c) use the Website to send unsolicited email messages;
(d) in any way tamper, hinder or modify the Website;
(e) knowingly transmit any viruses or other disabling features to the Website or via the Website;
(f) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Copyright and Trademark Notice3. The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by Air Guitar Australia and protected by copyright under the laws of Australia, New Zealand and International Copyright laws. 4. The Website does not grant you a licence nor acts as a right of use of any of the trademarks, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner. 5. You may view this Website and its contents using your webbrowser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your webbrowser only. 6. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Air Guitar Australia or expressly authorised in writing by Air Guitar Australia. Restrictions on Use
7. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Air Guitar Australia or an associated entity or which is prohibited by the Terms of Use.
Advertising, Third Party Content and Links to Third Party Websites
8. The Website contains hyperlinks and other pointers to internet Websites operated by third parties. Air Guitar Australia does not control these linked Websites and is not responsible for the contents of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Air Guitar Australia of the site or the products or services provided at those sites. You link to any such Website entirely at your own risk.
9. The Website also contains products and services offered for sale or advertised. Much of the information provided on the Website concerning the products or services is information from third parties. Air Guitar Australia is not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website. You should also enquire with the third party supplier the presence of any additional charges or relevant terms. The third party products, services and information are not provided or endorsed by Air Guitar Australia and your legal relationship is with the third party supplier.
10. Air Guitar Australia may receive fees and/or commissions from the third parties for goods and services displayed on the Website or made available via Air Guitar Australia. You acknowledge and consent to Air Guitar Australia receiving these fees.
Prices, Products and Services are Subject to Change
11. All prices displayed (being GST inclusive) and products and services offered to be supplied on the Website are subject to change without notice.
Indemnity
12. By entering into the Website, you agree to indemnify Air Guitar Australia from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses rising out of or in any way connected to the use of the Website by you.
Disclaimer and Limitation of Liability
13. The Trade Practices Act 1974 (Australia) and if accessing this site from New Zealand, the Fair Trading Act 1986 (New Zealand), and Consumer Guarantees Act 1993 (New Zealand) and similar state and territory legislation in Australia and New Zealand confers you with rights and remedies relating to the provision of goods or services to you by Air Guitar Australia via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). Air Guitar Australia excludes all conditions and warranties implied by custom, law or statute save for your statutory rights.
14. Save for your Statutory Rights, in respect of the Website:
(a) All material on the Website is provided to you without warranties of any kind, either express or implied;
(b) Air Guitar Australia expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(c) Air Guitar Australia does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
(d) Air Guitar Australia does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and
(e) You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.
15. To the extent permitted by law, including but not limited to any act or omission on the part of Air Guitar Australia, Air Guitar Australia will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
16. You expressly acknowledge that Air Guitar Australia does not exert control over users of the internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.
17. To the extent permitted by law, Air Guitar Australia’s liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Air Guitar Australia, to one or more of the following:
(a) In the case of services supplied or offered by Air Guitar Australia:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(b) In the case of goods supplied by or offered by Air Guitar Australia:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the costs of replacing the goods or acquiring equivalent goods;
(iv) the payment of the costs of having the goods repaired.
Miscellaneous
18. Air Guitar Australia relies upon your continued observance of the Terms of Use. In the event that Air Guitar Australia suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Air Guitar Australia for those losses, damages and costs.
19. The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
20. If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
21. All rights not expressly granted herein are reserved.
22. If Air Guitar Australia does not act in relation to a breach of the Terms of Use by you, this does not waive Air Guitar Australia’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
Termination
23. The Terms of Use are effective until terminated by Air Guitar Australia. Air Guitar Australia may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.
Interpretation
24. A reference to Air Guitar Australia in the Terms of Use includes a reference to Air Guitar Australia, any entities associated with Air Guitar Australia, their respective directors, company officers, employees or agents or related bodies corporate.
Changes
24. Air Guitar Australia will give notice of any variations of the Terms of Use to users of the Website by posting the revised Terms of Use on the Website. Your continued use of the Website after such notice will constitute acceptance of the variation.
Ó2002 Air Guitar Australia. All rights reserved.Last updated 3rd of March 2006. |