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Terms & Conditions - Business Services Direct Pty Ltd - paldex.com
Definitions
BSD - Business Services Direct Pty Ltd, any BSD owned website, database, product and/or service; User - any person who accesses a BSD website; Customer - an individual or business that pays a fee to BSD for products and/or services and/or to list their details in a BSD database and display them on the BSD website; Affiliate - an entity that refers others to BSD and receives a commission or share of BSD revenue for the referral business.
GENERAL
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
*If you do not agree with these terms and conditions of use
for BSD in full, then you must terminate your use of the web
site immediately.
Thank you for visiting this BSD web site. The
materials in this web site have been provided by BSD for general
informational purposes only and are not legal or financial advice. None of the
information at this web site is intended to constitute, nor does it constitute,
legal or financial advice, and none of the information necessarily reflects the
opinions of BSD. This information is not intended to create any
relationship between BSD and the recipient. The information is
not guaranteed to be correct, complete, or current.
BSD does not make any recommendations or
suggestions as to how to use any business services or any information regarding
business services contained in the
BSD website.
We make no warranty, express or implied, about the accuracy or
reliability of the information at this Web site or at any other web site to
which this site is linked. If you use any links to web sites not maintained by
BSD, you do so at your own risk. BSD is not
responsible for the contents or availability of any linked sites. These links
are provided only as a convenience to the recipient. Neither the transmission
nor receipt of these web site materials will create a visitor-client
relationship between sender and receiver. The materials contained herein are
general in nature and may not apply to particular factual, financial or legal
circumstances.
We do not undertake to update any materials in our web site to
reflect subsequent legal, financial or other developments, but only to reflect
new information that is available to the public. Internet users should not act
on this information without seeking professional counsel. Reading the
information at this web site cannot form a visitor-client relationship with
BSD.
Under no circumstances shall BSD or any other
party involved in creation, production or delivery of this web site be liable to
you or any other person for any damages of any kind arising from your access to,
or use of, this web site.
You should not act or rely on any information at this web site
without seeking professional financial and legal advice. The determination of
whether you need legal or financial services and your choice of same are very
important matters that should not be based on web sites or advertisements.
Any
information that you send us in an e-mail message is not confidential or
privileged, and sending us an e-mail message is not advised and will not make
you a client of BSD in any way.
BSD has tried to comply with all legal and ethical
requirements in compiling this web site.
Agreement between User and BSD
BSD products and services are offered to you conditional on your acceptance without modification of the terms and conditions contained herein. Your use of BSD constitutes your agreement to be bound by all such terms and conditions of use.
Use of BSD's Products and Services
BSD is for the use of personal and business users.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from BSD. You may not mirror any part of BSD or send automated queries to BSD or display BSD content or the results of a BSD search on any other website unless expressly agreed with BSD.
Privacy Statement (Available separately and on BSD website)
Warranty Disclaimers
BSD MAKES NO WARRANTY THAT ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
You acknowledge that BSD is provided "as is, as available" without any warranty of any kind including, without limitation, any warranty with respect to the quality, performance or functionality of BSD or with respect to the quality or accuracy of any information you obtain from or that is available through your use of BSD or that BSD will be uninterrupted or error-free. To the fullest extent permitted by law, BSD disclaims all representations and warranties, express, implied and statutory, including, without limitation, the warranties of quiet enjoyment and non-infringement, merchantability and fitness for a particular purpose, merchantability of informational content, workmanlike effort, warranties of title and non-infringement of proprietary rights. BSD disclaims any warranties regarding the security, reliability, timeliness and performance of the services it provides. BSD does not warrant that search results will be comprehensive or that a link from BSD will be accurate, current or available at the time of your search.
Links To Third-Party websites
BSD contains links to other third-party websites. These websites are not under the control of BSD and BSD is not responsible for the content of the websites, including without limitation any link contained in a website, or any changes or updates to a website. BSD is not responsible for webcasting or any other form of transmission received from any website nor is BSD responsible if the website is not working appropriately. BSD provides these links for your convenience, and the inclusion of any link does not imply endorsement by BSD of the linked website, its services or products or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the websites.
Dealings with Third Parties (including Advertisers and Promoters).
Unless otherwise specified in writing, any dealings you may have with third parties originating from links within BSD or from participation in promotions, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the other third party. Unless otherwise specified in writing BSD shall not be responsible or liable for any part of any such dealings or promotions.
Inappropriate Content and Links
Some information included on BSD may be entered by Advertisers or Subscribers over whom BSD has no control. The process by which such information is added to BSD is largely automatic. BSD cannot and does not screen or review all of the information included in its database or any of the websites to which the applicable BSD website links. BSD makes no representations concerning any effort to review such information or websites. Accordingly, a search on BSD may produce results that contain or link to website/s that contain material that some people may find offensive or objectionable. BSD assumes no responsibility for any content included on BSD or any website linked to by BSD or otherwise accessible from this website and will not be responsible for any errors or omissions contained in the applicable BSD database, website, or any other website accessible from BSD. If you find a advertiser or subscriber listing or linked website that you believe is inappropriate, we request that you inform BSD immediately so the offending information may be reviewed and dealt with appropriately.
Unlawful Or Prohibited Use
As a condition of your use of BSD, you will not use BSD for any purpose that is unlawful or prohibited by these terms and conditions of use. You may not use BSD in any manner that could damage, disable, overburden, or impair BSD (or the network/s) connected to BSD or interfere with any other party's use and enjoyment of BSD. You may not attempt to gain unauthorized access to BSD through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intended to be made available through BSD.
Limitation of Liability
Under no circumstances will BSD or any of its customers, subscribers or affiliates or content providers be liable for any direct, indirect or consequential loss or for any loss of profits or damages, arising out of or in connection with the use, inability to use, misuse, performance or non-performance of BSD or any reliance on BSD (even if BSD has been informed of the possibility of such loss or damages). This includes, without limitation, loss or damage caused by BSD not being available, unauthorised use or alteration of a user's data that is transmitted through use of BSD, loss or damage resulting from downloading any information or material through use of BSD, or from goods or services purchased or transactions entered into through BSD.
Indemnity and Release
The user releases, holds harmless and indemnifies BSD and its officers, directors, employees, consultants and agents (collectively, its associates), to the full extent permitted by law, from and against any liability whatever that arises in connection with the use of BSD. This includes, without limitation, an infringement by the user, or any other users of its account, of any intellectual property rights of a person or an entity. The user will indemnify BSD and its associates and release them even if BSD has been advised of the possibility of such infringement occurring.
Modification of these Terms of Use
BSD reserves the right to change at its discretion without notice and without liability to you or any other user or third party, the terms and conditions of use under which BSD is offered, including but not limited to the fees associated with the purchase and use of BSD subscriptions, merchandise, products and services. It is your responsibility to review the BSD website regularly to stay informed of any changes to these Terms of Use. Your continued use of BSD constitutes your agreement to all such terms and conditions.
Intellectual property
Copyright © 2004 Business Services Direct Pty Ltd. All rights reserved.
All rights in relation to any content to which you may be directed through your use of BSD remain the property of the respective owners of that content, and BSD makes no representations regarding the use of that content. Nothing on this website or on any other BSD website, or use of BSD, will be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of BSD, its associates or other third party.
Legal Rights
BSD reserves the right to pursue all appropriate remedies under applicable international, national, state, or local laws to protect its business and good reputation. Any breach of BSD Terms of Use may result in irreparable harm to BSD for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, BSD will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if BSD seeks such an injunction. If appropriate BSD will investigate breaches and violations of Terms of Use and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such breaches and violations.
Waiver of Legal Right
If a user breaches any of these terms and conditions of use, and BSD has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of BSD's legal rights. Any waiver of any provision of these terms and conditions of use will only be effective if it is in writing and signed by BSD.
Governing Law
Unless expressly stated to the contrary, the terms and conditions of use and the business operations of BSD are governed by the internal substantive laws of Victoria, Australia without respect to it's conflict of laws principles. The user consents to the exclusive jurisdiction of Victorian courts regarding any disputes that arise in connection with these terms and conditions of use or BSD services and products. The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of BSD or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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