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Terms & Conditions - 265 Holdings Pty Ltd - paldex.com
Definitions
265 - 265 Holdings Pty Ltd, any 265 owned website, database, product and/or service; User - any person who accesses a 265 website; Customer - an individual or business that pays a fee to 265 for products and/or services and/or to list their details in a 265 database and display them on the 265 website; Affiliate - an entity that refers others to 265 and receives a commission or share of 265 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 265 in full, then you must terminate your use of the web
site immediately.
Thank you for visiting this 265 web site. The
materials in this web site have been provided by 265 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 265. This information is not intended to create any
relationship between 265 and the recipient. The information is
not guaranteed to be correct, complete, or current.
265 does not make any recommendations or
suggestions as to how to use any business services or any information regarding
business services contained in the
265 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
265, you do so at your own risk. 265 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
265.
Under no circumstances shall 265 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 265 in any way.
265 has tried to comply with all legal and ethical
requirements in compiling this web site.
Agreement between User and 265
265 products and services are offered to you conditional on your acceptance without modification of the terms and conditions contained herein. Your use of 265 constitutes your agreement to be bound by all such terms and conditions of use.
Use of 265's Products and Services
265 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 265. You may not mirror any part of 265 or send automated queries to 265 or display 265 content or the results of a 265 search on any other website unless expressly agreed with 265.
Privacy Statement (Available separately and on 265 website)
Warranty Disclaimers
265 MAKES NO WARRANTY THAT ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
You acknowledge that 265 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 265 or with respect to the quality or accuracy of any information you obtain from or that is available through your use of 265 or that 265 will be uninterrupted or error-free. To the fullest extent permitted by law, 265 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. 265 disclaims any warranties regarding the security, reliability, timeliness and performance of the services it provides. 265 does not warrant that search results will be comprehensive or that a link from 265 will be accurate, current or available at the time of your search.
Links To Third-Party websites
265 contains links to other third-party websites. These websites are not under the control of 265 and 265 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. 265 is not responsible for webcasting or any other form of transmission received from any website nor is 265 responsible if the website is not working appropriately. 265 provides these links for your convenience, and the inclusion of any link does not imply endorsement by 265 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 265 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 265 shall not be responsible or liable for any part of any such dealings or promotions.
Inappropriate Content and Links
Some information included on 265 may be entered by Advertisers or Subscribers over whom 265 has no control. The process by which such information is added to 265 is largely automatic. 265 cannot and does not screen or review all of the information included in its database or any of the websites to which the applicable 265 website links. 265 makes no representations concerning any effort to review such information or websites. Accordingly, a search on 265 may produce results that contain or link to website/s that contain material that some people may find offensive or objectionable. 265 assumes no responsibility for any content included on 265 or any website linked to by 265 or otherwise accessible from this website and will not be responsible for any errors or omissions contained in the applicable 265 database, website, or any other website accessible from 265. If you find a advertiser or subscriber listing or linked website that you believe is inappropriate, we request that you inform 265 immediately so the offending information may be reviewed and dealt with appropriately.
Unlawful Or Prohibited Use
As a condition of your use of 265, you will not use 265 for any purpose that is unlawful or prohibited by these terms and conditions of use. You may not use 265 in any manner that could damage, disable, overburden, or impair 265 (or the network/s) connected to 265 or interfere with any other party's use and enjoyment of 265. You may not attempt to gain unauthorized access to 265 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 265.
Limitation of Liability
Under no circumstances will 265 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 265 or any reliance on 265 (even if 265 has been informed of the possibility of such loss or damages). This includes, without limitation, loss or damage caused by 265 not being available, unauthorised use or alteration of a user's data that is transmitted through use of 265, loss or damage resulting from downloading any information or material through use of 265, or from goods or services purchased or transactions entered into through 265.
Indemnity and Release
The user releases, holds harmless and indemnifies 265 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 265. 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 265 and its associates and release them even if 265 has been advised of the possibility of such infringement occurring.
Modification of these Terms of Use
265 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 265 is offered, including but not limited to the fees associated with the purchase and use of 265 subscriptions, merchandise, products and services. It is your responsibility to review the 265 website regularly to stay informed of any changes to these Terms of Use. Your continued use of 265 constitutes your agreement to all such terms and conditions.
Intellectual property
Copyright © 2004 Paldex Pty Ltd. All rights reserved.
All rights in relation to any content to which you may be directed through your use of 265 remain the property of the respective owners of that content, and 265 makes no representations regarding the use of that content. Nothing on this website or on any other 265 website, or use of 265, will be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of 265, its associates or other third party.
Legal Rights
265 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 265 Terms of Use may result in irreparable harm to 265 for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, 265 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 265 seeks such an injunction. If appropriate 265 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 265 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 265'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 265.
Governing Law
Unless expressly stated to the contrary, the terms and conditions of use and the business operations of 265 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 265 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 265 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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