Conditions of Use
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on the Beta Alistine site form the conditions of supply of material on, use of and access to the Beta Alistine site. Your continued use of the Beta Alistine constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.
Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the Beta Alistine site.
The Beta Alistine website is operated by Beta Alistine Pty Ltd ABN 59 108 128 534 and its related bodies corporate.
From time to time, Beta Alistine may run promotions on the Beta Alistine site. These will be subject to additional terms and conditions, which will be made known to you at the time. All terms and conditions, which govern your use of the Beta Alistine site (including disclaimers) may only be amended in writing signed by an authorised officer of Beta Alistine and Beta Alistine may amend them from time to time.
Accuracy of information and disclaimer of warranties
All material on the Beta Alistine site is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Beta Alistine site is at your sole risk. Access to the Beta Alistine site is provided on an 'as available' basis. Neither Beta Alistine nor its or their directors or employees make any representation or warranty that (i) any material on the Beta Alistine site will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Beta Alistine site will be uninterrupted, timely or secure. Beta Alistine will not be liable for loss resulting from any action or decision by you in reliance on the information on the Beta Alistine site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
General information only - non advisory
The material on the Beta Alistine site provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Copyright
The material provided on the Beta Alistine site is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Beta Alistine or the appropriate supplier or licensor of Beta Alistine. You may not use any part of the material on the Beta Alistine site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Trademarks
The Beta Alistine logo, the logo's of the Beta Alsitine site are registered trademarks of Beta Alistine. Other trade marks may be displayed on the Beta Alistine site from time to time. These may belong to third parties. Nothing displayed on the Beta Alistine should be construed as granting any licence or right of use of any logo or trade mark displayed on a website, without the express written permission of the relevant owner.
Your conduct
As a condition of your use of the Beta Alistine site or any services on the Beta Alistine site, you warrant to Beta Alistine that you will not use the Beta Alistine for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on the Beta Alistine site. You agree to abide by all applicable laws and regulations. In particular, you agree not to: · use the Beta Alistine site to defame, abuse, harass, stalk, threaten or otherwise offend others; · publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate; · use any automated scripting tools or software; · engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Beta Alistine site; · impersonate any person or entity; · upload, post, e-mail, transmit or otherwise make available using the Beta Alistine site any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; · breach any applicable laws or regulations. Beta Alistine has no obligation to monitor any user's use of the Beta Alistine site, however Beta Alistine retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. You will indemnify Beta Alistine if Beta Alistine suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the Beta Alistine site.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on the Beta Alistine site from time to time. These websites are not under the control of Beta Alistine and Beta Alistine have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the Beta Alistine site and do so entirely at your own risk.
The Beta Alistine site displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Beta Alistine or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on the Beta Alistine site, including via e-mail, Beta Alistine accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Limitation of liability
Beta Alistine do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise Beta Alistine exclude all conditions and warranties which may be implied by law.
To the extent permitted
by law, Beta Alistine's liability for breach of any implied warranty or condition
which cannot be excluded is restricted, at Beta Alistine's option, to: in the
case of services supplied or offered by Beta Alistine:
· the re-supply of those services; or
· the payment of the cost of having those services re-supplied; and
· in the case of goods supplied or offered by Beta Alistine:
· the replacement of the goods or the supply of equivalent goods;
· the repair of the goods;
· the payment of the cost of having the goods replaced; or
· the payment of the cost of having the goods repaired.
You expressly agree
and understand that in no circumstances will Beta Alistine be liable to you for
any indirect, incidental, special and/or consequential losses or damages or
loss of profits of whatever nature howsoever arising (including but not limited
to any act or omission by Beta Alistine) which result from
(i) the use of or access to or any inability to use or access the Beta Alistine
site or any material on the Beta Alistine site;
(ii) unauthorised access to or alterations of your transmissions or data; or
(iii) statements or conduct of any third party on the Beta Alistine site.
Applicable law
These conditions and all other specific and additional terms which govern your use or membership of and access to the Beta Alistine site will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.