Terms of Use
1. Overview
1.1 These terms of use outline the terms and conditions that govern your use of our website.
1.2 You must read, agree with and accept these Terms of Use and our policies, including our Privacy Policy (Policies), before using our website. You consent that the Policies, which are subject to change, form part of this agreement. These terms, conditions and Policies are referred to collectively as Website Terms.
Important: If you accept this agreement, you agree to be bound by all of the Website Terms.
1.3 From time to time, we may, in our sole discretion, vary or modify our Website Terms. If we do this, we will make sure to post the revised Website Terms on our website. By subsequently accessing or using our website, you accept these Website Terms as they appear at your time of use.
1.4 Unless specifically allowed under the terms found in this agreement, these Website Terms cannot be modified, amended or adjusted except in writing that is signed by you and us.
General Terms
The general terms and conditions that follow apply to all users of our website.
2. Your obligations
2.1 You must not post any content or information on this website which is or is likely to be:
(1) defamatory of any person;
(2) in breach of the intellectual property rights or moral rights of any person;
(3) obscene, offensive, abusive, indecent or pornographic;
(4) harassing, insulting or vilifying of any person, including based on religion, sexual orientation, race, age, disability or gender;
(5) in breach of any laws;
(6) in breach of any obligations of confidence or privacy; or
(7) false, misleading or deceptive.
2.2 You indemnify us from and against all claims, suits, actions, damages, liabilities, demands, expenses and costs that may arise out of or in some way connected to your use of this website.
2.3 You must not:
(1) use this website to send any spam or unsolicited electronic mail messages to anyone;
(2) use this website for fraud or any misleading or deceptive conduct;
(3) use this website for any activities which infringe any third party rights or breach any laws or regulations;
(4) tamper with, hinder the operation of or make unauthorised modifications to this website;
(5) transmit any bug, virus or other disabling feature to or through this website; or
(6) use the personal information of another individual to access or use this website.
3. Information and content
3.1 Without notice, we may change the content and format of our website at any time, in our absolute discretion.
3.2 Our Information is content and information on our site that is developed by us. You acknowledge and agree that:
(a) the intention of Our Information is to provide a summary of the relevant subject matter and since it is brief, this could lead to misinterpretation;
(b) while we use all reasonable endeavours to make certain that Our Information is current and up to date, this is not always achievable because of the fast moving nature of IT; and
(c) from time to time, Our Information may include certain omissions, errors, or information that is outdated or irrelevant.
3.3 This website also contains information and content that is provided by external third parties (Third Party Information). We do not validate Third Party Information, as it may not be complete, well-timed or correct for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we support any Third Party Information.
3.4 No one should rely on Our Information as their primary or exclusive source of information. Our Information should not be used to replace advice given by a trained professional. To the extent permitted by law, we do not guarantee the accuracy or timeliness of Our Information. We also cannot accept responsibility for those who act on Our Information without consulting us first and obtaining specific advice.
4. Security, viruses and linking
4.1 If you leave this site through a third party link, you do so at your own risk and you acknowledge that:
(a) the content to which you link will not have been produced, checked for accuracy, or reviewed by us; and
(b) the link does not represent our endorsement of the products or services offered on the linked site.
4.2 We do not guarantee the security of our website. We also do not warrant that access to this website will be uninterrupted or error free, that defects will be fixed, or that our server or website is free of bugs or other viruses. You acknowledge that it is your personal responsibility to execute adequate procedures and virus checks to satisfy your own requirements and needs.
5. Intellectual property
5.1 All intellectual property rights in this website, including any information, software and tools accessed through this website, will remain vested in us.
5.2 You may not reproduce, decompile, modify, reverse engineer, copy, disassemble, transmit or communicate to the public this website, or any information, software and tools accessed through this website.
6. Confidentiality and privacy
6.1 We respect your confidentiality. Our Privacy Policy pertains to any personal information collected by us from users of this website.
6.2 Any communication or material that you send to our website is treated as non-confidential, except to the extent that this communication or material (or any part of it) comprises personal information as defined in any applicable privacy laws. This includes communication or material sent by electronic mail or otherwise, including any:
7. Our liability
7.1 Subject to any related law:
(a) under no circumstances do we give warranties, and you don't have any other rights, apart from those that are set out in these Website Terms; and
(b) all indirect warranties, rights and conditions are excluded.
7.2 Without limiting the previous paragraph, to the extent permitted by law, we do not ever provide any warranty of reliability, quality, fitness for purpose, merchantability or accurateness nor consent to any responsibility arising from any errors in, or omissions from, the information, software programs or tools provided on or by our website.
7.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.
7.4 Subject to paragraphs 7.1 and 7.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of turnover, sales, reputation, profits, anticipated savings, goodwill, production, business opportunities, customers or clients, software or data, whether of a direct, indirect or consequential nature,
suffered by you or anyone else and developing from any breach or other act or error in connection with these Website Terms.
7.5 Subject to this paragraph 7, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or error connected with these Website Terms will not surpass the total amount that you have paid to use our website.
7,6 You acknowledge and understand that we have engaged a third party to manage this website on our behalf (Third Party Website Manager). To the fullest extent permitted by law, you must not initiate any claim or proceeding against that Third Party Website Manager in connection with your use of our site.
8. Miscellaneous
8.1 These Website Terms document the entire agreement that you have with us and supersede all prior negotiations, representations, agreements and understandings related to the subject matter of these Website Terms.
8.2 If we fail or delay to exercise or implement these Website Terms, this does not relinquish our rights to enforce these Website Terms.
8.3 If any part of these Website Terms is unenforceable for any reason, that part must be read down to the extent necessary to defend its operation. If it cannot be read down, it must be severed.
8.4 If you have any questions, queries, concerns or feedback about this website or these Website Terms, please Contact Us.
© 2008. All rights reserved.
Last updated: [13/10/08]
Eye On Allergy © 2010 - Terms And Conditions. All Rights Reserved.