TERMS OF USE
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these terms
1. POSWISE
POSWISE PO Box 2973, Cheltenham 3192, Victoria,
Australia.
2. This Website
POSWISE owns the website located at www.poswise.com.au
(the "Website"). By accessing and using the Website you
the user agree to be bound by these terms and conditions
(the "Terms") which govern your access to and use of the
Website.
3. Ownership and Use of Content
3.1 All text, data, charts, tables, software,
video, music, sound, graphics, photographs, illustrations,
artwork, names, logos, trade marks, service marks and other
material on the Website (the "Content") and all rights in
it belongs to POSWISE. You may retrieve and display Content
from the Website on a computer screen, print individual
pages on paper (but not photocopy them) and store such pages
in electronic form on disk (but not on any server or other
storage device connected to a network) for your personal
use. Content may not be copied, reproduced, republished,
downloaded, posted, broadcast or transmitted in any other
way.
3.2 You agree not to adapt, alter or create
a derivative work from any of the Content on the Website
or to use it for any purpose other than for your personal
and non-commercial use.
4. Unlawful Use
You agree to use this Website only for
lawful purposes and in a manner that does not infringe the
rights of or restrict or inhibit the use and enjoyment of
the Website by any third party. Such restriction or inhibition
includes, but is not limited to, conduct which is defamatory,
or which may harass, cause distress or inconvenience to
any person and the transmission of obscene or offensive
content or the disruption of normal flow of dialogue within
the Website.
5. Intellectual Property Rights
5.1 All copyright, trade marks, database
rights and other intellectual property rights that may exist
in this Website and the Content shall remain at all times
the property of POSWISE.
5.2 The trade marks, service marks and
logos used and displayed on this Website ("Trade Marks")
are registered or unregistered trade marks of POSWISE. Nothing
on this Website should be construed as granting, by implication
or otherwise, any licence or right to use any Trade Mark
without written permission from POSWISE. The name of POSWISE
may not be used in any way, including in advertising or
publicity pertaining to distribution of Content without
the prior written permission of POSWISE.
6. Liability
6.1 The Website and Content is provided
"AS IS" and on an "AS AVAILABLE" basis and POSWISE does
not guarantee the accuracy, timeliness, completeness, performance
or fitness for a particular purpose of the Website or any
Content. All implied warranties, including but not limited
to the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility,
security and accuracy are excluded from these Terms to the
extent that they may be excluded as a matter of law.
6.2 In no event will POSWISE be liable
for any loss including, without limitation, indirect or
consequential loss, or any damages arising from loss of
use, data or profits, whether in contract, tort or otherwise,
arising out of or in connection with the use of this Website.
6.3 POSWISE has tried to ensure that all
the Content provided on the Website is correct at the time
of publication. The Content is provided on an information
basis only and should not be relied upon. No responsibility
is accepted by or on behalf of POSWISE for any errors, omissions,
or misleading Content on the Website or on any websites
to which the Website connects.
6.4 POSWISE does not warrant that the Website
or Content will be uninterrupted or error free, that any
defects will be corrected, or that this Website or the server
that makes it available are free of viruses or bugs.
7. Privacy
You must read and accept the POSWISE Privacy
Policy which details what type of personal information POSWISE
may collect from you when you visit the Website and how
POSWISE may store and use the information in accordance
with the Data Protection Act 1998 and the Privacy and Electronic
Communications Act 2003.
8. Changes to the Terms
POSWISE reserve the right, at its discretion,
to make changes to any parts of the Website or these Terms.
When these Terms are amended, POSWISE will publish details
of the amendments on the Website. Your continued use of
the Website is taken as your agreement to be bound by these
Terms as amended.
9. Jurisdiction
These Terms shall be governed by and construed
in accordance with English Law and subject to the exclusive
jurisdiction of the English Courts.
10. Severability
If these Terms or any part of them should
be determined to be illegal, invalid or otherwise unenforceable
under the laws of any state or country in which these Terms
are intended to be effective, then to the extent that they
are so illegal, invalid or unenforceable, they shall in
that state or country be treated as severed and deleted
from these Terms and the remaining Terms shall survive and
remain in full force and effect and continue to be binding
and enforceable in that state or country.
11. Conflict
If there is any conflict between these
Terms and any other written agreement between you and POSWISE
then the latter shall prevail.
12. Events beyond our control
POSWISE will not be responsible for any
breach of these Terms caused by circumstances beyond its
reasonable control.
13. Links
POSWISE is not responsible for the availability
or content of any third party websites or material you access
through this Website.
14. File Download
Certain files of Content are available
for download from the Website. These files of Content are
subject to these Terms.
15. Contact
If you wish to contact POSWISE regarding
the Website, these Terms or the Privacy Policy please contact
us by post or in person at Poswise Pty Ltd, PO Box 2973,
Cheltenham 3192, Victoria, Australia or
by telephone on 1300 79 55 70.
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