Terms of Use
Introduction
Sedcom.com is owned and operated by Sedcom Pty. Ltd., under license from its
supplier, and is here in referred to as 'the project' and/or 'the web site'
and/or 'the site'. Access to the web site is subject to the user's acceptance
and agreement with the terms, conditions, notices and disclaimers contained
herein. Use of, and/or access to, the web site constitutes agreement to the
Terms of Use. The Project and its supplier reserve the right to amend the Terms
of Use at any time. Since users are bound by the Terms of Use, they should
periodically refer to them in this document and elsewhere on the web site.
Privacy Policy
Sedcom.com warrants that all personal information submitted by visitors to the
web site will remain the confidential property of the site owners and will not
be intentionally sold or given to any third party under any circumstances.
Restrictions on use of content and intellectual property the web
site
All materials, text, graphics, information, software and advertisements on the
web site is Copyright ? 2001 The Project, the authors and managers and partners
and/or licensors unless expressly indicated otherwise on the web site. The
content is protected by International and Australian trademark and copyright
laws. The contents of the web site is published in real-time, must not be
copied, reproduced, modified, republished, uploaded to a third party,
transmitted, posted or distributed in any way, electronically or otherwise,
without the express authorisation of The Project, except where authorised on
the web site, or is expressly authorised in writing by The Project or its
authorized partners or members. Strictly on the condition that users keep all
content intact and in the same form as presented on the web site (including
without limitation all copyright, trademark and other proprietary notices and
all advertisements), users may: a) using an industry-standard Web browser,
download and view the content for personal, non-commercial use, or b) Internet
service and/or access providers, may supply the content to subscribers. The web
site must not be used in any manner or for any purpose, which is unlawful, or
in any manner which violates any right of The Project or a partner or member or
which is prohibited by the Terms of Use.
Public use of the web site
The Project web site contains facilities by which members of the community,
businesses and other organisations can provide information, offers, notices and
other information to other users. It is a condition of use of any such facility
that none of the following occurs: restrict or inhibit any other user from
using or enjoying any public communication facility; post or transmit any
unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic,
profane or indecent information or material of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law; post or transmit any material of any kind which
violates or infringes upon the rights of any other person, including material
which is an invasion of any privacy or publicity rights or which is protected
by copyright, trademark or any other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner or
relevant right holder; post or transmit any material of any kind which contains
a virus or other harmful component; delete any author attributions, legal
notices or proprietary designations or labels in any file that is uploaded; or
download any file posted by any other user of a public interface if the user
knows, or reasonably ought to know, that the file cannot legally be distributed
in such manner. The Project will monitor and review the contents of the web
site. While it reserves its right to edit, refuse to post or to remove any
information and/or materials (in whole or in part) that in the opinion of The
Project is in any way objectionable or in violation of any applicable law or
the Terms of Use, The Project has no obligation whatsoever to monitor any
content submitted by the public or to edit, delete or refuse to post such
contents, nor is The Project responsible for any contents in any content
(including any information, comments and/or advice of any individual whose
statements on the web site are solely their own). The user expressly
acknowledges and agrees that the web site provides a means of public and not
private communications. The Project reserves the right to co-operate fully with
any law enforcement authority in any jurisdiction in respect of any lawful
direction or request to disclose the identity or other information in respect
of anyone posting any materials which violate any applicable or relevant law.
User licence to The Project
By posting any information or other material on the web site (including posting
messages, uploading files, inputting data or engaging in any other form of
communication), the user grants to The Project a perpetual, royalty-free,
non-exclusive, irrevocable, unrestricted, worldwide licence to do the following
in respect of the information or material: 1. Use, copy, sublicense,
redistribute, adapt, transmit, publish and/or broadcast, publicly perform or
display, and 2. Sublicense to any third parties the unrestricted right to
exercise any of the foregoing rights granted. The foregoing grant includes the
right to exploit all proprietary rights in any such information or other
material including but not limited to rights under copyright, trademark,
service mark or patent laws under any jurisdiction worldwide. The user
expressly waives in favour of The Project and any other party authorised by The
Project all moral rights and any similar rights in any jurisdiction, which the
user may have or hereafter acquire in respect of any relevant communication or
other material. At the request of The Project, and expense of the user, the
user will execute and deliver to The Project such instruments and take such
other actions as may be required to carry out this grant of licence and waiver.
Advertising, links to third party websites and e-commerce
offers
The web site contains hyperlinks and other pointers to Internet websites
operated by third parties. These linked websites are not necessarily under the
control of The Project, and The Project is not responsible for the contents of
any linked web site or any hyperlink contained in a linked website. The Project
provides these hyperlinks to users as a convenience only, and the inclusion of
any link does not imply any endorsement of the linked website by The Project or
its partners or members. The user links to any such website entirely at their
own risk. The web site also contains third party advertisements (including
banner ads other advertising material) which contain embedded hyperlinks or
which include referral buttons to websites operated by third parties or their
licensees or contractors. All third party advertising (including referral
buttons and embedded hyperlinks) may or may not be paid for by the relevant
third party advertisers and are not recommendations or endorsements by The
Project or its partners or members or their respective directors or employees.
The user is referred to the relevant advertiser for all information regarding
the advertiser and its products and/or services. In some instances, the
advertisement will contain representations or offers by the third party
advertiser, which the user can accept by linking to the advertiser's website
and executing the relevant transaction. Such offers are not necessarily made by
The Project, and the third party advertiser is solely responsible to the user
for the delivery of any goods or services the user purchases on the third party
website. The product prices listed in any associated web site are the
responsibility of the relevant retailer and are accurate at the time of upload.
They are subject to change without notice by the retailer. The Project is not
liable for the prices or price changes, including where price changes have not
been reflected on the associated sites. The use of associated sites is subject
to The Project terms of use.
Limitation of liability and Disclaimer
The Trade Practices Act and similar State and Territory Legislation in
Australia, may confer rights and remedies on the user in relation to the
provision by The Project of goods or services on the web site which cannot be
excluded, restricted or modified ("Non-excludable Rights"). The Project does
not exclude any Non-excludable Rights but does exclude all other conditions and
warranties implied by custom, law or statute. Except as provided for by the
Non-excludable Rights: a) all Content is provided "as is" and without
warranties of any kind, either express or implied, b) The Project and its
suppliers expressly disclaim all warranties of any kind including but not
limited to implied warranties of merchantability and fitness for a particular
purpose, c) The Project does not warrant that the functions contained in any
content or any public interface or user access to the web site will be
uninterrupted or error-free, that any defects will be corrected or that the web
site or the server which stores and transmits content to the user are free of
viruses or any other harmful components, d) The Project does not warrant or
make any representation regarding the users access to, or the results of the
users access to, the web site (including any related or linked websites) or any
content in terms of correctness, accuracy, timeliness, completeness,
reliability or otherwise, and e) the user (and not The Project) assume the
entire cost of any necessary verification, maintenance, repair and/or
correction of any relevant content. Under no circumstances (including but not
limited to any act or omission on the part of The Project) will The Project or
its partners or members be liable for any indirect, incidental, special and/or
consequential damages or loss of profits whatsoever which result from any use
or access of, or any inability to use or access, the web site or any content.
The user expressly acknowledge and agrees that The Project does not exert
control over users of the web site and is not liable either for their opinions
or their behavior including any information and/or advice and any defamatory
statements or offensive conduct. To the fullest extent permitted by law, The
Projects' liability for breach of any implied warranty or condition which
cannot be excluded is limited at the option of The Project to the following: in
the case of services supplied or offered by The Project, (a) the supply of the
services again, or (b) the payment of the cost of having services supplied
again; and in the case of goods supplied or offered by The Project, (c) the
replacement of the goods or the supply of equivalent goods, (d) the repair of
such goods, (e) the payment of the cost of replacing the goods or acquiring
equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by The Project, and The Project
may terminate this agreement and users' access to the web site at any time
without notice. In the event of termination, users are no longer authorised to
access the web site, but all restrictions imposed on the user, licenses granted
by the user and all The Project disclaimers and limitations of liability set
out in the Terms of Use will survive.
Miscellaneous
The Project relies on the user's continued observance of these Terms of Use. If
The Project suffers any loss or damage or incurs any costs in connection with
any breach of these Terms of Use or any other legal obligation then the user
agrees to indemnify The Project for those losses, damages and costs. This
agreement will be governed by and construed in accordance with the laws the
Australian Capital Territory, Australia, where The Project is hosted. The user
irrevocably and unconditionally submits to the non-exclusive jurisdiction of
the courts of the Australian Capital Territory. If any provision of this
agreement is found to be invalid or unenforceable by a court of law, such
invalidity or unenforceability will not affect the remainder of the agreement,
which will continue in full force and effect. All rights not expressly granted
herein are reserved.
