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Terms of Use
ZOO Communications Group maintains
this site (the "Site") for your information, education
and communication.
Your access to and use of the Site is subject
to the following terms and conditions ("Terms and Conditions")
and all applicable laws. By accessing and browsing the Site,
you accept, without limitation or qualification, the Terms
and Conditions below. If you do not agree with these Terms
and Conditions, please do not continue to use the Site.
ZOO Communications Group may
revise or alter these Terms and Conditions at any time. Revisions
and alterations will be posted on the Site and will be effective
upon posting. Users are responsible for reviewing the Site
from time to time to ensure compliance.
Terms and Conditions
1. Exclusion of Liability and Overall
Disclaimer
Your use of the Site is at your risk. ZOO
Communications Group is not liable to you or another
person in contract or in tort (including, without limitation,
in negligence) for any direct, incidental, consequential,
indirect, special, punitive or exemplary damages, loss, liabilities,
claims or expenses suffered by you or any other person including,
without limitation, for any loss of business interest, revenue
or profit arising out of any breach of, or other act or omission
in connection with, these Terms and Conditions or your access
to, or use of, or inability to use or access, the Site, including
if caused by (i) any computer virus; (ii) any loss of on-line
connection to the Site; (iii) any interruption to your business;
or your downloading of any materials, data, text, images,
video, or audio from the Site.
ZOO Communications Groupmakes
no warranties or representations as to the accuracy or completeness
of any information on, or accessible via, the Site ("Information").
ZOO Communications Group specifically disclaims
any liability or responsibility for any errors or omissions
in the Information. Except where expressly stated otherwise,
ZOO Communications Group makes no warranties or guarantees
in relation to the Site or the Information. Without limiting
the foregoing, everything on the Site is provided to you "as
is" without warranty of any kind, either expressed or
implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, or non-infringement.
All terms implied by law, except those that
cannot lawfully be excluded, are excluded. Where it is not
possible to exclude conditions, warranties or rights implied
or given in respect of these Terms and Conditions by the Trade
Practices Act 1974 or other laws, ZOO Communications Group's
liability for breach of any such implied conditions, warranties
and rights will, to the extent permitted by law, be limited,
at the option of ZOO Communications Group, to: (a) in the
case of services, the supply of the services again or the
payment of the cost of having the services supplied again;
and (b) in the case of goods, the replacement of the goods
or the supply of equivalent goods, the repair of such goods,
the payment of the cost of replacing the goods or acquiring
equivalent goods, or the payment of the cost of having the
goods repaired.
Liability for all other conditions, warranties
and rights, including any implied by custom or other circumstances,
are excluded.
2. Limitations of Use
If you are browsing this Site as a non-commercial
consumer, you may download material displayed on the Site
for your non-commercial, personal use only. If you are browsing
this Site as an employee/agent/member of any business or organisation,
you may download material displayed on this Site only for
non-commercial purposes within your business or organisation.
This permission is conditional on your not removing or altering
any copyright notice or other proprietary notice contained
on the materials and on your compliance with these notices
and these Terms and Conditions. You must not distribute or
transmit (except, within your business or organisation), modify,
reuse, report, or use the contents of the Site for public
or commercial purposes, including (without limitation) the
text, images, audio and video, without ZOO Communications
Group's express written permission.
If ZOO Communications Group
makes a request to you to stop using the Site or to promptly
return or destroy copies of Information, you must immediately
comply with that request, and, in relation to returning or
destroying Information, confirm in writing to ZOO Communications
Group within five (5) business days after that request,
that you have done so.
3. Confidentiality
This clause 3 (Confidentiality) is subject
to ZOO Communications Group's Privacy Policy, as described
in clause 8 (Privacy) below.
Any communication or material sent to the
Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like, are and will
be treated as, non-confidential and non-proprietary. By transmitting
or posting any material to the Site, you grant to ZOO
Communications Group or its nominee the right to use
such communication or material for any purpose, including,
but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, ZOO
Communications Group is free to use, without any compensation
to you, any ideas, concepts, know-how, or techniques contained
in any communication you send to the Site for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products using such information.
4. Copyright
The Site is owned by ZOO Communications
Group and is protected under Australian copyright
laws.
All material on the Site is protected by
copyright of ZOO Communications Group or its
licensors and must not be used except as expressly set out
in these Terms and Conditions or in the text on the Site,
where that text expressly states that it overrides these Terms
and Conditions.
Except to the extent such right cannot be
excluded by law, you must not in any form or by any means,
without the prior written consent of ZOO Communications
Group:
- copy, adapt, reproduce, broadcast, store,
transmit, distribute, print, publish or create derivative
works from any Information or material on the Site;
- alter, decompile, disassemble, reverse
engineer or modify any material or Information that you
receive from or access on the Site; or
- use or apply, for commercial purposes
any Information or material on the Site.
Any software which you download from the
Site is governed exclusively by the licence terms accompanying
the file or the terms of the licence agreement which accompanied
the original product licensed by you which you are updating,
and by downloading such software, you agree to abide the terms
of the licence. You must not use, reproduce or redistribute
any software otherwise than in accordance with the relevant
software licence.
5. Content
The Site refers to products and/or services
that are generally available for purchase in Australia. The
reference to any such products or services in the Site does
not imply or warrant that those products or services will
be available at any time. You should therefore check with
an authorised local ZOO Communications Group
representative for specific product/service availability in
your locality.
Product information in relation to products
referred to in the Site has been provided by the respective
manufacturers of the relevant products. Product information
and illustrations are published with the permission of the
relevant manufacturer. The use of these materials by you,
or on your behalf, is prohibited without the permission of
the manufacturer.
Features and specifications of products
described or depicted on the Site are subject to change without
notice. All weights and dimensions mentioned are approximate.
All screens are measured diagonally. All screen images on
the Site are simulated, unless other indicated.
6. Links and Third Party Statements
ZOO Communications Groupis
not responsible for the content of any site linked to or from
the Site. Use of links to any other website is entirely at
your own risk. While ZOO Communications Group
may provide links on the Site to other websites, the inclusion
of such links is for your convenience only and is not an endorsement
of the owner/sponsor of the site or the content of the site.
Although ZOO Communications Group
may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards and the like on the
Site, ZOO Communications Group is under no obligation
to do so and accepts no responsibility for the contents of
any such communications nor for any error, defamation, libel,
obscenity, profanity, or inaccuracy contained in any such
communication. You are prohibited from posting or transmitting
unlawful, threatening, harassing, defamatory, libellous, obscene,
pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a
criminal offence or give rise to civil liability, or otherwise
violate any law. ZOO Communications Group will
cooperate with any law enforcement authorities or court order
requesting or directing ZOO Communications Group
to disclose the identity of anyone posting such materials.
In addition, you will not:
- restrict or inhibit any other user from
using or enjoying the Site;
- post, transmit or in any way exploit
any material of any kind for commercial purposes, or which
contains any promotional material or advertising;
- download any material posted by any other
user if you know, or ought reasonably to know, that such
material cannot legally be distributed in such a manner.
7. Trademarks
All trademarks, brands and names appearing
on the Site are the property of their respective owners. Nothing
contained on the Site is intended to grant any express or
implied right to you to, and you must not, use or exploit
any patent, copyright, trademark or trade secret information.
8. Privacy
ZOO Communications Groupwill
treat personal information collected on this Site in accordance
with the Privacy Act 1988 (Cth) and ZOO Communications Group's
Privacy Policy. ZOO Communications Group's Privacy
Policy is incorporated into these Terms and Conditions by
reference and forms part of these Terms and Conditions.
9. Invalidity
Even if a part of these Terms and Conditions
is, for any reason, invalid or unenforceable, the remaining
part of these Terms and Conditions remains in fully effect
as if it were without the invalid or unenforceable portion.
10. Notices
Any notice given in connection with these
Terms and Conditions must be in writing and must be left at
or sent by facsimile, pre-paid security post or email addressed
to a party at the party's registered office or principal place
of residence or business for the time being or at such other
address as may be notified for the purpose of the service
of notices.
A notice is deemed to have been given on
the date on which it is left, in the case of a notice being
sent by facsimile or email is deemed to have been given at
the time of despatch, and in the case of a notice being sent
by post is deemed to have been given three days after the
date of posting.
11. Governing Law
These Terms and Conditions are to be governed
by and construed in accordance with the laws of New South
Wales, Australia. Each party irrevocably and unconditionally
submits to the non-exclusive jurisdiction of the courts of
New South Wales.
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