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Legal and Privacy Notice
All contents copyright © 2006-2008 Australian
Organisation for Quality Incorporated (AOQ Inc). All rights
reserved.
WEB SITE TERMS AND CONDITIONS OF
USE
The aoq.net.au Web Site (the "Site") is an online
information service provided by AOQ Inc and is subject to your
compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
Please read this page carefully. IF YOU DO NOT
ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB
SITE.
This page states the terms and conditions under
which you may use the Site and any other product or service
offered for sale by AOQ Inc through the Site. The right to use
products or services by AOQ Inc is personal to you and is not
transferable to any other person or company.
AOQ Inc reserves the right to change terms and
conditions applicable to the Site, or to impose new terms and
conditions. Such modifications or additions shall be effective
immediately upon notice to each client. Notice may be given by
any reasonable means including, but not limited to, posting a
revised version of this Agreement on the Internet or
notification by electronic mail. Any use of the Site after such
notice shall conclusively be deemed to constitute acceptance by
you of such modifications, additions, or deletions. You have the
responsibility to periodically review the posted terms and
conditions to be aware of such revisions.
Section 1. Use of Material,
Copyright
AOQ Inc authorises you to view, copy, and print a
single copy of material on this Site solely for your personal,
non-commercial use. Special rules may apply to the use of
certain software and other items provided on the Site.
As a user, you agree to use the services offered
by AOQ Inc in a manner consistent with all applicable local,
state and federal laws and regulations. No material shall be
stored or transmitted which infringes or violates the rights of
others, which is unlawful, obscene, indecent or otherwise
objectionable, threatening, defamatory, or invasive of privacy
or publicity rights. AOQ Inc prohibits conduct that might
constitute a criminal offense, gives rise to civil liability or
otherwise violates any law. Any activity that restricts or
inhibits any other user from using the services of AOQ Inc is
also prohibited. Unless allowed by a written agreement, you may
not post or transmit advertising or commercial solicitation on
the Site.
The contents of the Site, such as text, graphics,
images and other material ("Material"), are protected by
copyright and trademark law. Unauthorised use of the Material
may violate copyright, trademark, and other laws. You must
retain all copyright and other proprietary notices contained in
the original Material on any copy you make of the Material. You
may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material in
any way for any public or commercial purpose. The use of the
Material on any other Web site or in a networked computer
environment for any purpose is prohibited.
If you violate any of the terms or conditions,
your permission to use the Material automatically terminates and
you must immediately destroy any copies you have made of the
Material.
Section 2. Routine Information
Collection
All web servers track basic information about
their visitors. This information includes, but is not limited
to, IP addresses, browser details, timestamps and referring
pages. None of this information can personally identify specific
visitors to this site. The information is tracked for routine
administration and maintenance purposes.
Cookies and Web Beacons
Advertising partners and other third parties may
use cookies, scripts and/or web beacons to track visitors to our
site in order to display advertisements and other useful
information. Such tracking is done directly by the third parties
through their own servers and is subject to their own privacy
policies.
Controlling Your Privacy
Note that you can change your browser settings to
disable cookies if you have privacy concerns. Disabling cookies
for all sites is not recommended as it may interfere with your
use of some sites. The best option is to disable or enable
cookies on a per-site basis. Consult your browser documentation
for instructions on how to block cookies and other tracking
mechanisms.
Section 3. AOQ Inc Liability
The Material may contain inaccuracies or
typographical errors. AOQ Inc makes no representations about the
accuracy, reliability, completeness, or timeliness of the
Material or about the results to be obtained from using the Site
or the Material. Use of the Site and the Material is at your own
risk. Changes are periodically made to the Site, and may be made
at any time.
AOQ Inc DOES
NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF THE SITE OR THE
MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, AOQ Inc IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS'
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AOQ Inc AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. AOQ Inc AND ITS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS,
AND LINKS.
Section 4. Disclaimer of
Consequential Damages.
IN NO EVENT SHALL AOQ Inc, ITS SUPPLIERS, OR ANY
THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 5. User Submissions.
Any communication which you post to the Site or
transmit to AOQ Inc or to the Site by e-mail or other medium can
be used by the AOQ Inc on a royalty-free, perpetual,
irrevocable, nonexclusive license with the right to reproduce,
modify, publish, edit, translate, distribute, perform, and
display the communication alone or as part of other works in any
form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers
of sublicenses. AOQ Inc may use the information it obtains
relating to you, including your IP address, name, mailing
address, email address and use of the Site, for its internal
business and marketing purposes.
As a user of the Site, you are responsible for
your own communications and are responsible for the consequences
of their posting. You must not do the following things: post
material that is copyrighted, unless you are the copyright owner
or have the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them or have
the permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy
or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive hateful, or
embarrassing to another user of the Site or any other person or
entity; post a sexually-explicit image; post advertisements or
solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
AOQ Inc does not represent or guarantee the
truthfulness, accuracy, or reliability of any communications
posted by other users of the Site or endorse any opinions
expressed by users of the Site. You acknowledge that any
reliance on material posted by other users of the Site will be
at your own risk.
AOQ Inc does not screen communications in advance
and is not responsible for screening or monitoring material
posted by users of the Site. If notified by a user of
communications which allegedly do not conform to this agreement,
AOQ Inc may investigate the allegation and determine in good
faith and its sole discretion whether to remove or request the
removal of the communication. AOQ Inc has no liability or
responsibility to users of the Site for performance or
nonperformance of such activities. AOQ Inc reserves the right to
expel users of the Site and prevent their further access to the
Site for violating this agreement or any law or regulation, and
also reserves the right to remove communications which are
abusive, illegal, or disruptive.
Section 6. Links to Other Sites.
The Site contains links to third party Web sites.
These links are provided solely as a convenience to you and not
as an endorsement by AOQ Inc of the contents on such third-party
Web sites. AOQ Inc is not responsible for the content of linked
third-party Web sites and does not make any representations
regarding the content or accuracy of material on such third
party Web sites. If you decide to access linked third-party Web
sites, you do so at your own risk.
Section 7. Software Licenses.
All software that is made available for
downloading from the Site ("Software") is protected by copyright
and may be protected by other rights. The use of such software
is governed by the terms of the software license agreement or
designated "Legal Notice" accompanying such Software ("License
Agreement"). The downloading and use of such Software is
conditioned on your agreement to be bound by the terms of the
License Agreement.
Section 8. Limitation of
Liability
Unless otherwise expressly provided in a Software
License or Legal Notice, the aggregate liability for AOQ Inc to
you for all claims arising from the use of the Materials
(including Software) is limited to $50.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless
AOQ Inc, its officers, directors, employees and agents, from and
against any claims, actions or demands, including without
limitation, reasonable legal and accounting fees, alleging or
resulting from your use of the Material (including Software) or
your violation of the terms or conditions of this agreement.
Section 10. Export Control.
Australia controls the export of products and
information. You agree to comply with such restrictions and not
to export or re-export the Materials (including Software) to
countries or persons prohibited under the export control laws.
By downloading the Materials (including Software), you are
agreeing that you are not in a country where such export is
prohibited or are a person or entity to which such export is
prohibited. You are responsible for compliance with the laws of
your local jurisdiction regarding the import, export, or
re-export of the Materials (including Software).
Section 11. User Information.
AOQ Inc may use the information it obtains
relating to you, including your IP address, name, mailing
address, email address and use of the Site, for its internal
business and marketing purposes.
Section 12. General
AOQ Inc makes no claims that the Materials are
appropriate or may be downloadable outside of Australia. Access
to the Materials (including Software) may not be legal by
certain persons in certain countries. If you access the Site
from outside of Australia, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
This agreement is governed by internal substantive laws of the
state of South Australia, without respect to its conflict of
laws principles. If any provision of this agreement is found
invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of
the remaining provisions of this agreement, which shall remain
in full force and effect. No waiver of any term of this
agreement, which shall remain in full force and effect. No
waiver of any term of this agreement shall be deemed a further
or continuing waiver of such term or any other term. Except as
expressly provided in a particular "Legal Notice" or Software
License or Material on particular pages of the Site, this
agreement constitutes the entire agreement between you and AOQ
Inc with respect to the use of the Site. Any changes to this
agreement must be made in writing, signed by an authorised
representative of AOQ Inc.
(In an attempt to reduce abuse by spam, direct email
links have been removed and @ replaced with _at_ requiring manual
replacement to use. Apologies for any inconvenience caused.)
Last updated 14 November 2008
by Craig Ottaway
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