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1 Terms and conditions
In these terms and conditions, "we", "us" and "our" means Network Services, a division
of Bauer Media Limited (ABN 18 053 273 546), of 66 - 68 Goulburn Street, Sydney
NSW, 2000. Please read these terms and conditions carefully as they apply to your
use of the netonline.com.au website (the "Website"). By accessing or using the Website
you agree to be bound by these terms and conditions.
We may revise these terms and conditions from time to time by updating this posting.
The revised terms will take effect when they are posted.
2 Licence to use the content on the
Website
- You acknowledge that the Website is subject to copyright and possibly other intellectual
property rights ("Intellectual Property Rights").
- We grant you a limited, non-transferable licence to access and use the Website solely
for your proper, commercial purposes.
- We (or our licensors) retain all right, title, and interest in and to the Website,
and nothing you do on or in relation to the Website will transfer any Intellectual
Property Rights to you or, except for the licence referred to in paragraph (b),
licence you to exercise any Intellectual Property Rights unless this is expressly
stated.
- Except as provided in these terms and conditions, permission to reprint or electronically
reproduce the Website in whole or in part for any other purpose is expressly prohibited,
unless prior written consent is obtained from us. You may contact us at
help@netonline.com.au, if you wish to obtain such consent.
- Subject to applicable law, we may revoke the permissions referred to above at any
time and may suspend or deny, in our sole discretion, your access to all or any
portion of the Website without notice.
3 General restrictions
In using the Website, you must not:
- violate any applicable laws;
- use the Website for any purpose that is threatening, libellous, defamatory, abusive,
obscene, vulgar, pornographic, profane, racist, indecent or infringing of another
person’s rights;
- distribute viruses, corrupted files, or any other similar software or programs that
may damage the operation of any computer hardware or software;
- collect or store personal data about other users of the Website; or
- engage in any other conduct that inhibits any other person from using or enjoying
the Website.
4 Warranties and liability
- All express or implied warranties, representations, statements, terms and conditions
relating to these terms and conditions or the Website that are not contained in
these terms and conditions, are excluded to the maximum extent permitted by law.
- In particular, and without limiting paragraph (a):
- while we endeavour to provide a convenient and functional Website, we do not guarantee
that that your requirements will be met or that your use of the Website will be
uninterrupted, error free or that the Website or the server from which it operates
are free of viruses or other harmful components; and
- we cannot be responsible for any loss, corruption or interception of data sent to
or from our Website which occurs outside of our computer systems (such as those
which occur while being sent over the internet).
We recommend that you install and use up-to-date anti-virus and firewall software
on your computer.
- Nothing in these terms and conditions excludes, restricts or modifies any term,
condition, warranty, right or remedy implied or imposed by any statute or regulation
which cannot lawfully be excluded, restricted or modified, which may include Part
V of the Australian Trade Practices Act 1974 (Cth) and corresponding provisions
of Australian state or territory legislation, which contain provisions including
implied conditions and warranties which operate to protect the purchasers of goods
and services in various circumstances.
- If any term, condition or warranty is implied into these terms and conditions and
we are able to limit your remedy for a breach of such a term, condition or warranty,
then our liability for breach of the term, condition or warranty is limited to one
or more of the following at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods,
the repair of the goods, the payment of the cost of replacing the goods or of acquiring
equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of
the cost of having the services supplied again.
- Subject to our obligations under the implied terms, conditions or warranties referred
to above, and to the maximum extent permitted by law, our maximum aggregate liability
for all claims under or relating to these terms and conditions or the Website, whether
in contract, tort (including negligence), in equity, under statute, under an indemnity,
based on fundamental breach or breach of a fundamental term or on any other basis,
is limited to an amount equal to AUD$100. In calculating our aggregate liability
under this paragraph, the parties must include any amounts paid or the value of
any goods or services replaced, repaired or supplied by us for a breach of the implied
terms, conditions or warranties referred to above.
- Subject to our obligations under the implied terms, conditions or warranties referred
to above, and to the maximum extent permitted by law, we are not liable for, and
no measure of damages will, under any circumstances, include:
- special, indirect, consequential, incidental or punitive damages; or
- damages for loss of profits, revenue, goodwill, bargain, anticipated savings or
loss or corruption of data, whether in contract, tort (including negligence), in
equity, under statute, under an indemnity, based on fundamental breach or breach
of a fundamental term or on any other basis, whether or not such loss or damage
was foreseeable and even if advised of the possibility of the loss or damage.
- Our liability to you is diminished to the extent that your acts or omissions (or
those of a third party) contribute to or cause the loss or liability.
5 Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily
or permanently, any or all of the Website.
6 Links
We have not reviewed any of the sites linked to the Website and are not responsible
for the content or accuracy of any off-site pages or any other sites linked to the
Website. The inclusion of any link does not imply that we endorse the linked site.
7 Privacy policy
In using the Website, you may give us personal information in which you have certain
rights. By using the Website, you grant us consent to use your personal information
in accordance with our privacy policy which forms a part
of these terms and conditions. Please click on this link to view our privacy policy.
8 Force majeure
Neither party will be liable for any delay in performing any of its obligations
under these terms and conditions if such delay is caused by circumstances beyond
the reasonable control of that party.
9 General
- If any part of these terms and conditions is held to be unenforceable, the unenforceable
part is to be given effect to the greatest extent possible and the remainder will
remain in full force and effect.
- These terms and conditions are governed by the laws of New South Wales, Australia,
and you irrevocably submit to the exclusive jurisdiction of the courts of New South
Wales, Australia.
- These terms and conditions constitute the entire agreement between us and you in
relation to the Website and supersede all other (prior or contemporaneous) communications
or displays whether electronic, oral, or written, between us and you in relation
to the Website.
- Your use of the Website is conducted electronically and you agree that we may communicate
with you electronically for all aspects of your use of the Website, including sending
you electronic notices.
- The provisions of these terms and conditions which by their nature survive termination
or expiry of these terms and conditions will survive termination or expiry of these
terms and conditions.
- The word "including" when used in these terms and conditions is not a term of limitation.
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