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PLEASE READ THESE TERMS OF USE ("TERMS")
CAREFULLY. BY ACCESSING, BROWSING, RELYING UPON OR OTHERWISE
USING ANY PART OF THIS WEB SITE ("SITE"), YOU AGREE
TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS,
YOU SHOULD NOT ACCESS, BROWSE, RELY UPON OR OTHERWISE USE
ANY PART OF THIS SITE.
Use of this Site
The information provided at or through this Site is general
and is not advice on any particular matter. Given the changing
nature of laws, rules and regulations, and the inherent hazards
of electronic communication, there may be delays, omissions
or inaccuracies in information contained at this Site. Accordingly,
you should not act on the basis of any information accessed
at or through this Site without obtaining and considering
appropriate professional advice upon your own circumstances.
Copyright Information
Amdel Limited owns and retains the copyrights in the materials
found at this Site (but not materials accessed at other sites
from this Site). You may download, view and print materials
from this Site subject to the following: (1) the materials
must be used solely for personal, informational, non-commercial
purposes; and (2) the materials must not be modified or altered
in any way. Except as expressly provided herein, you must
not use, download, upload, copy, print, display, perform,
reproduce, publish, license, post, transmit or distribute
any materials from this Site in whole or in part without the
prior written permission of Amdel Limited. If you breach any
of these Terms, your authorisation to use this Site automatically
terminates and you must immediately destroy any downloaded
or printed materials.
Unauthorised Transactions
There are many inherent risks involved in transmitting information
over the Internet. Unauthorised access and faults in computer
networks can and do occur which may result in the interception,
corruption, alteration, non-delivery, incorrect delivery or
loss of information transmitted over the Internet. Consequently,
Amdel Limited is unable to warrant that this Site will be
free from such risks.
Disclaimer
Amdel Limited and its employees and agents expressly disclaim
all and any liability to any person in respect of anything
and the consequences of anything done or omitted to be done
by any person in whole or partial reliance on all or any part
of the information accessed at or through this Site.
The materials provided at this Site (and any links from this
Site) are provided "as is". To the maximum extent
permitted under the law, Amdel Limited makes no representations
or warranties of any kind, either express or implied, including
(without limitation) warranties of merchantability, fitness
for a particular purpose or non-infringement of intellectual
property. Amdel Limited does not warrant the accuracy and
completeness of information accessed at or through this Site.
Amdel Limited may make changes to the materials at this Site
at any time without notice. The materials at this Site may
be out of date, and Amdel Limited makes no commitment to update
the materials at this Site.
Limitation of Liability
To the maximum extent permitted under the law, in no event
will Amdel Limited and its employees be liable for any damages
whatsoever (including, without limitation, direct, indirect,
punitive, special, consequential damages, lost profits, lost
data or business interruption) arising out of the use, inability
to use, or the results of use of this Site, any web sites
linked to this Site, or the materials or information contained
at any or all such sites, whether based on contract, tort,
statute, common law, equity or any other legal theory and
whether or not advised of the possibility of such damages.
If circumstance arise where you are entitled to claim damages
from Amdel Limited notwithstanding the provisions of these
Terms, our liability to you for the aggregate of such claims
(regardless of the basis on which you are entitled to claim
from us including, without limitation, negligence) is limited
to the provision of the services again or the cost of providing
the services again (at our election).
User Submissions
Any materials (including without limitation comments, feedback
and information) provided by you in connection with this Site
shall be considered non-confidential and non-proprietary.
Amdel Limited shall have no obligation of any kind with respect
to such materials and shall be free to use or disseminate
such materials on an unrestricted basis for any purpose. You
acknowledge that you are responsible for the materials that
you submit, and that you, not Amdel Limited, have full responsibility
for the materials including their legality, reliability, appropriateness,
originality and copyright.
Links to Third Party Web Sites
Links to third party web sites on this Site are provided solely
as a convenience to you and such links should not be taken
to imply any type of association, sponsorship, endorsement,
monitoring, approval of, or responsibility for, the linked
site or its content. Amdel Limited has not reviewed any of
these third party sites and should you decide to access any
of the third party sites linked to this Site, you do this
entirely at your own risk.
Links to this Site
Any site that links to this Site:
• Must link to our home page
• Must not replicate Amdel Limited content or content
of Third Parties accessed through this Site
• Must not create a browser or border environment around
Amdel Limited content
• Must not imply any endorsement by Amdel Limited
• Must not misrepresent its relationship with Amdel
Limited
• Must not present false information about the services
of Amdel Limited
• Must not use the Amdel Limited logo without the prior
written permission of Amdel Limited
• Must not contain content that could be construed as
distasteful, offensive or controversial, and should contain
only content that is appropriate for all age groups.
Viruses
Amdel Limited cannot and does not guarantee or warrant that
any files available for downloading through this Site will
be free of infection or viruses, worms, Trojan horses or other
code that manifests contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining an
appropriate means for the reconstruction of any lost data.
Applicable Law
This Site is administered by Amdel Limited from its offices
in Melbourne, Australia. These Terms shall be governed by
and construed in accordance with the laws of the State of
Victoria, without giving effect to any principles of conflicts
of law. Any legal proceedings arising out of or in connection
with the use of this Site must be commenced in the appropriate
court in the State of Victoria. If you use this Site from
locations outside of Victoria, you are solely responsible
for compliance with your local laws.
If any provision of these Terms is unlawful, void or for any
reason unenforceable, then that provision shall be deemed
severed from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
Amdel Limited may revise these Terms at any time by updating
this posting. You are bound by such revisions and should therefore
regularly revisit this page to review the then current Terms
by which you are bound.
PLEASE READ THESE TERMS CAREFULLY AS THEY WILL GOVERN
ALL ELECTRONIC COMMUNICATIONS BETWEEN US AND YOU, EXCEPT TO
THE EXTENT THAT WE AGREE OTHERWISE IN WRITING. BY STORING,
COPYING, RELYING UPON OR OTHERWISE USING ANY ELECTRONIC COMMUNICATION,
YOU ACKNOWLEDGE AND AGREE THAT:
1 Our electronic communications are confidential and may
contain privileged or copyright information. These electronic
communications and the information contained in them must
not be (a) copied, forwarded or distributed without our permission;
or (b) used for any purpose other than the purposes for which
it was provided to you. If those purposes are not clear to
you, then you should seek our consent before using the information
for any particular purpose.
2 Opinions and representations contained in an electronic
communication are the opinions and representations of the
author of that communication and not our views, except where
clearly indicated to the contrary.
3 It is possible that our electronic communications (including
any attached files) may include harmful material including
viruses, worms, Trojan horses or other code that manifests
contaminating, destructive or damaging properties ("viruses").
You should ensure that all electronic communications received
from us (and in particular, any files attached to electronic
communications) are scanned upon receipt to ensure that they
are free from viruses. You acknowledge that we can not and
do not warrant or guarantee that you will not receive viruses
from us. You should implement and maintain appropriate disaster
recovery procedures to enable you to overcome any problems
caused by viruses including (without limitation) procedures
for the backup and recovery of data.
4 Unauthorised access and faults in computer networks can
and do occur which may result in the corruption, alteration,
non-delivery, incorrect delivery or loss of electronic communications.
5 Subject to paragraph 6 below, we will not be liable for
any loss or damage (including, without limitation, direct,
indirect, punitive, special, consequential damages, lost profits,
lost savings, lost data or business interruption) arising
directly or indirectly from any of the circumstances contemplated
in paragraphs 3 and 4 herein, whether based on contract, tort,
statute, common law, equity or any other legal theory and
whether or not we have been advised of the possibility of
such damages.
6 If any warranty or condition is implied by the Trade Practices
Act or other relevant legislation which can not be excluded
by agreement, then our liability is limited to the resupply
of the electronic communication.
7 These Terms are governed by and are to be construed in
accordance with the laws of the State of Victoria, without
giving effect to any principles of conflicts of law. Any legal
proceedings arising out of or in connection with any electronic
communication must be commenced in the appropriate court in
the State of Victoria.
8 If any provision of these Terms is unlawful, void or for
any reason unenforceable, then that provision shall be deemed
severed from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
9 We may revise these Terms from time to time by updating
this document. You agree to be bound by such revisions and
you should therefore regularly revisit our web page at www.amdel.com/email.htm
or contact us to review the then current Terms.
In these Terms, references to "we", "our"
or "us" are references to each and all of Amdel
Limited, its principals, officers, related entities, employees,
agents and contractors. References to "you" are
references to each recipient of our electronic communications.
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