Terms & Conditions
The XYZnetworks website (the “Site”) is owned and operated by XYZnetworks Pty Limited (“We/Us”). Whether or not You become an authorised user of this Site, Your access to and use of the Site is subject to these Terms and Conditions and the Privacy Policy (click here to view) (together, the "Terms of Use"). These Terms of Use govern all use of the Site.
Please read the Terms of Use carefully as they form the agreement between Us and You. If You do not agree to the Terms of Use, You will not be permitted to use this Site. By using the Site You are agreeing to be bound by these Terms of Use, including all amendments made to these Terms of Use, from time to time as notified by Us.
User Agreement
The Terms of Use constitute your agreement with Us with respect to your use of the Site. You must agree to abide by all of the terms and conditions contained in the Terms of Use in order to become or remain an authorized user of the Site.
Disclaimer
We are not liable to you or anyone else for any loss in connection with use of the Site or a linked website. Loss means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.
The information on the Site is not comprehensive and is intended only to provide a summary of the subject matter covered. Except to the extent implied by applicable law that cannot be excluded or limited, We make no warranty regarding the information on the Site. You must make your own assessment of it and rely on it wholly at your own risk.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
Right to Use
Your right to use the Site is subject to any limitations, conditions and restrictions established by Us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Site or Your use of the Site at any time.
In addition, fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Site or the Internet by others may be grounds for termination of Your access to all or part of the Site at our sole discretion, and You may be referred to the appropriate law enforcement agencies or We may notify Your internet service provider.
Prohibitions
You agree that You must not:
(a) attempt to gain unauthorised access to the Site;
(b) tamper with, hinder the operation of or make unauthorised modifications to the Site; or
(c) knowingly transmit any virus or other disabling feature to the Site.
Copyright Protection
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned by Us or licensed to Us and You have no right, title or interest in this copyright. Other than for the purposes of using the Site in accordance with these Terms of Use and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in Your location, and except as expressly authorised by these Terms of Use, You must not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
(b) commercialise any information, products or services obtained from any part of the Site.
Trade Marks
This Site may include registered trade marks owned by Us (or our licensors) and trade marks that are the subject of applications for registration by Us (or our licensors).
You must not use any of our trade marks, including the names “XYZnetworks Pty Limited”, “XYZ” and the names of any of our channels:
(a) in or as the whole or part of Your own trade marks or business name or company name;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages Us or our information, products or services (including this Site).
Variations
You agree that We may change the Terms of Use from time to time. Notification of changes to the Terms of Use will be posted on the Site. If You do not agree to the variations, You should terminate Your use of the Site. Your continued use of the Site following the posting of notice of any changes in the Terms of Use, will constitute a binding acceptance by You of this Agreement, or any subsequent modifications.
You must not authorise or assist any person to do any of the acts specified above.
Restricted Use
Unless We agree otherwise in writing, You are provided with access to this Site only for Your personal use. You are authorised to print a copy of any information contained on this Site for Your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, You must not, without our written permission, on sell information obtained from this Site or otherwise seek to exercise any of the exclusive rights of the copyright owner of any materials that are displayed or posted on this Site without the prior written consent of that copyright holder.
Interruption or Suspension
You acknowledge that the Site may be temporarily unavailable for maintenance and support purposes. We are not responsible for the suspension of or interruption to the Site, regardless of the cause of the interruption or suspension. We may discontinue or change the Site or its availability at any time.
Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damage, including reasonable legal fees, which we may suffer or any third party claims made against us arising from Your activities on or use of the Site including any breach by You of these Terms of Use. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any claim made against us that You are required to indemnify provided that You shall remain liable for any such claim.
No Warranties by XYZ
The Site is displayed and distributed on an "as is" basis. We do not warrant that the Site will be uninterrupted, virus-free or error-free. There may be delays, omissions, and interruptions in the availability of the Site. Where permitted by law, You acknowledge that the Site is provided without any warranties of any kind whatsoever, either express or implied, including the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Site is at your own risk. We do not represent or endorse the accuracy or reliability of any information, advice, opinion, statement or other information displayed, uploaded or distributed through the Site by Us or any other person or entity. You acknowledge that any reliance upon any such opinion, information, advice, statement or information shall be at Your sole risk.
Governing Law
This agreement is entered into in New South Wales, Australia. You agree that it will be governed by the laws of the State of New South Wales and any disputes arising out of these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales. If any provision in these terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
Assignment
You do not have the right to assign this agreement or any of Your rights to use the Site to anyone. We have the right to assign or novate any or all of our rights and obligations under these Terms of Use to any third party. If, at our election, We novate our obligations under these Terms of Use to a third party, We shall be relieved of any and all liability under these Terms of Use.
Enquiries or Further Information
If You require any further information please write to:
XYZnetworks Pty Limited (ABN: 71 066 812 119) at GPO Box 2692 Sydney NSW 2001.
Click here to read the full Privacy Policy
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