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This Website (referred to in these Terms of Access as
the "Website") is owned and operated by RegoProTube on the World Wide
Web ("WWW").
The material on the Website is copyright © 2007
RegoProTube and/or other copyright owners.
The Website is available for you to access conditional
on your acceptance without alteration of the terms and conditions set out
below/on this linked page. By continuing to access the Website you are agreeing
to the terms and conditions set out below.
Use of material on the Website
A.Except
for the limited use set out in para B you may not use the Website, or the
material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any
material form;
(b) the distribution of the material in any
material form;
(c) re-transmission of the material by any
medium of communication;
(d) uploading and/or reposting the material to
any other site on the WWW;
(e) "framing" the material on the
Website with other material on any other WWW site.
The above are
unlawful in any jurisdiction and are specifically prohibited by these Terms of
Access.
B. Notwithstanding the above
restrictions on use of the material on the Website, you may download material
from the Website for your personal non-commercial use provided you do not
remove any copyright and trade mark notices contained on the material.
C. You may not modify or copy:
(a) the
layout of the Website; and
(b)
any computer software and code contained
in the Website.
D. RegoProTube
reserves all intellectual property rights, including, but not limited to,
copyright in material and/or services provided by it. The material provided on
the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any
material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media, without the
prior written consent of RegoProTube.
Links to other Websites
F. The
Website contains links to sites on the WWW owned and operated by third parties
and which are not under the control of RegoProTube.
G. In relation to the other sites on
the WWW, which are linked to the Website, RegoProTube:
(a) provides the links to other sites as a
convenience to you and the existence of a link to other sites does not imply
any endorsement by RegoProTube of the linked site; and
(b) is not responsible for the material contained
on those linked sites.
Disclaimer 1
H. RegoProTube is making the Website
available for others to publish information without assuming a duty of care to
users. RegoProTube is not in the business of providing professional advice and
gives no warranty, guarantee or representation about the accuracy, reliability
or timeliness or otherwise, of the information contained on the Website and/or
linked sites on the WWW.
I. To the full extent permitted by
law RegoProTube disclaims any and all warranties, express or implied,
regarding:
(a)
the accuracy, reliability, timeliness or
otherwise of any information contained or referred to on the Website and/or of
any linked sites; and
(b) merchantability or fitness for any particular
purpose for any service or product contained or referred to on the Website
and/or on any linked sites.
J. RegoProTube
will not be liable under any circumstances for any loss of profits or any
damages of any kind recognised by law (even if it has been advised of the
possibility of such loss of profits or damages) which are the consequence of
you:
(a) acting, or failing to act, on any information
contained on or referred to on the Website and/or any of the linked Websites;
and
(b) using or acquiring, or your inability to use
or acquire, any service or product contained or referred to on the Website
and/or any linked sites.
Disclaimer 2
K. RegoProTube does not warrant
guarantee or make any representation that:
(a) the Website, or the server that makes the site
available on the WWW are free of software viruses;
(b) the functions contained in any software
contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be
corrected.
L. RegoProTube is not liable to you for:
(a) errors or omissions in the Website, or linked
sites on the WWW;
(b) delays to, interruptions of or cessation of
the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of
any user of the Website, whether caused
through negligence of RegoProTube, its employees or independent contractors, or
through any other cause.
M. You agree to accept the full cost of any necessary repair, correction and
maintenance of any of your computer software or hardware, which may be
necessary as a consequence of you accessing the Website
Exclusion of Implied Terms
N. You acknowledge that:
(a) RegoProTube has not and will not provide
advice to you, either express or implied, as to whether the use the goods advertised
on the Website in the State or Territory in which you intend to use or re-sell
the goods is permitted by law and any relevant authority.
(b ) You are responsible for undertaking all investigations
and enquiries as to whether the use the goods ordered in the State or Territory
in which you intend to use or re-sell the goods is permitted by law and any relevant
authority Prior prior to ordering any goods from the Website or directly from RegoProTube.
(c) No warranty,
condition, description or representation in relation to the goods, either
express or implied, is given by RegoProTube.
(d) All warranties, terms
and conditions in relation to the state, quality or fitness of the goods and
every other kind whether expressed or implied by use, statute or otherwise is
excluded to the full extent permitted by law
Limitation of liability
O. Disclaimer 1 and/or Disclaimer 2 may
not apply to you in jurisdictions in which limitations on or exclusions of
warranties or liabilities are not permitted by law. To the full extent
permitted by law RegoProTube's liability for any implied warranty or condition
is limited, at the choice of RegoProTube, to one or more of the following:
If the breach
of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services
supplied again.
If the breach
of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of
equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods
or acquiring equivalent goods, or having the goods repaired.
Use of information gathered
P. RegoProTube and/or people authorised
by it may gather and process the information:
(a) which you may provide when accessing the
Website, such as your name, address, e-mail address and other personal
information about you; and
(b) regarding the way in which you use the Website
including, without limitation, information acquired through the use of
"cookies" programmed during the accessing of the Website.
Q. RegoProTube
may authorise others to offer you goods and services using the information
acquired through (a) and (b) above.
Termination of access
R. RegoProTube may terminate access to
the Website at any time without giving any explanation or justification for the
termination of access, and RegoProTube has no liability for any costs, losses
or damages of any kind arising as a consequence of terminating access to the
Website.
Alteration of Terms of Access
S.
RegoProTube
reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or
justification for such change.
Relevant jurisdiction
T. If any part of this Agreement is
found to be void, unlawful, or unenforceable then that part will be deemed to
be severable from the balance of this Agreement and the severed part will not
affect the validity and enforceability of any remaining provisions.
U. This
Agreement will be governed by and interpreted in accordance with the law of Queensland, without
giving effect to any principles of conflicts of laws.
V. You
agree to the jurisdiction of the courts and to the laws of the State of Queensland to determine
any dispute arising out of this Agreement.
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