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ACE Terms and Conditions of Use |
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Welcome to aceinfo.net.au (the "Site"), provided by Australian Communications Exchange Limited ("ACE") ACN 003 044 899. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. We may amend these terms and conditions of use from time to time. Your continued use of this Site after any such changes constitutes your acceptance of the amended terms and conditions. These terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with ACE (or its related bodies corporate) for products, services or otherwise. If you have any questions regarding the use of the Site, please contact us. Privacy StatementACE believes strongly in protecting user privacy. Users of this Site should refer to our Privacy Statement for information about how ACE uses and collects information on this Site. CopyrightUnless expressly indicated in specific material on the Site, all materials on the Site ("Materials"), including, without limitation, the ACE name, logo, the Deafness Resources Australia name ("DRA") and logo, design, text, graphics, other files, and the selection and arrangement thereof are licensed to or the copyright is owned by ACE. ALL RIGHTS RESERVED. Except as expressly provided in these terms and conditions, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means whatsoever without the prior written permission of ACE or the respective copyright owner. ACE grants you permission to display, copy, reproduce, distribute and download the Materials on this Site for personal, non commercial and informational use only provided that you may not, without the permission of ACE or the respective copyright owner: (a) copy, publish or post any Materials on any computer
network or broadcast or publications media; TrademarksACE, the ACE logo, DRA, the DRA logo and the names of the products and services supplied by ACE or its affiliated suppliers described in this Site are licensed to, or are either trademarks or registered trademarks of, ACE or its affiliated suppliers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ACE or the respective trademark owner. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Linking and FramingYou are granted a limited, non exclusive right to create a hyperlink to this Site provided such link does not portray ACE, the Site or the services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be withdrawn by ACE at any time. You may not use an ACE logo, or other proprietary graphic or trademark owned by or licensed to ACE to link to this Site without the express written permission of ACE. This permission may be withdrawn by ACE at any time. You may not use, frame or utilise framing techniques to enclose any Material or part of the Site without ACE's written consent. You may not use any "meta tags" or any other "hidden text" that uses the ACE name or trademark or the DRA name or trademark without ACE's written consent. SubmissionsYou agree that any materials, including but not limited to questions, comments, suggestions, ideas or other information, provided by you in the form of email or submissions to ACE are non-confidential and shall become the sole property of ACE. You agree that we can use, reproduce, publish, modify, adapt and transmit these materials to others free of charge and without restriction, subject to our obligations in our Privacy Policy. ACE may remove any material posted by you at any time. User ConductIn using this Site, you agree: 1 not to disrupt or interfere with the operation or security of, or otherwise abuse, the Site, or any services, servers or networks connected to or accessible through the Site; 2 not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; 3 not to upload, post or otherwise transmit through or on this Site 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; 4 not to upload, post or transmit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder; 5 not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive component; 6 not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited messages or information to people or entities who have not agreed to be part of such transmissions; and 7 not to attempt to obtain unauthorised access to the Site or portions of the Site that may be restricted from general access. ACE reserves the right to cooperate 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. Accuracy of InformationNo warranty as to accuracy of informationThis Site may include the provision of information on various topics including information relating to the products and services (eg pricing) referred to on the Site. ACE does not warrant or represent that information made available on this Site will be up to date, accurate or reliable. You should confirm any information before relying on it. Third Party SitesACE makes no warranties or representations regarding the quality, content or reliability of any material on other websites accessible by hyperlink from this Site, or websites linking to this Site. ACE is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ACE of the linked website or any information contained therein. Third Party productsExcept as otherwise agreed in writing, ACE and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products of third parties referred to or described on this Site. IndemnificationYou agree to indemnify ACE against any claim, action, damage, loss, liability, cost, charge, expense or outgoing which ACE pays, suffers, incurs or is liable for in respect of:
Limitation on LiabilityGeneralSubject to the following paragraph, ACE is not liable for any loss or damage of any kind (including direct, incidental, special or consequential damages) however caused (including, but not limited to, by the negligence of ACE), suffered by you in connection with the Site or these terms and conditions. However, nothing in these terms and conditions of use is intended by ACE to exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 (the "Act"), the exercise of any of your rights under the Act or ACE's liability under the Act. ACE hereby limits its liability under the Act to the extent permitted under section 68A of the Act. Delays, viruses etcACE does not guarantee that this Site will be free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in equipment or software nor does ACE guarantee that the Site will be continuously available. You agree that use of this Site, including all content, data or software distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage caused to you including your business, your computer system or loss of data, that result from the download of such content, data and/or software. TerminationNotwithstanding any of these terms and conditions, ACE reserves the right, without notice and in its sole discretion, to terminate your licence to use this Site, and to block or prevent future access to and use of this Site. Applicable LawThese terms and conditions shall be governed by and construed in accordance with the laws of Queensland, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Queensland. SeverabilityIf any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Version 1.0 - 31/08/01 |
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