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Legal Disclaimer Design Struct Pty Ltd. INTERNET SITE TERMS OF USE PLEASE
CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THIS SITE
INTRODUCTION AND USER AGREEMENT.
This Terms of Use Agreement (the "Agreement") sets forth the terms and
conditions for your use of this web site (the "Site"). The Site is owned and
operated by Design Struct Pty Ltd. ("Design Struct Pty Ltd." or "We"). By using
tee Site, you agree to be Bound by this Agreement. If you do not agree to be
legally bound by this Agreement, you should exit this Site immediately. We
reserve the right to amend this Agreement at any time and will notify you of any
such Changes by posting the revised Agreement on the site. You should check this
Agreement periodically for changes. Any changes shall be effective upon posting.
Your continued use of the Site after any changes to this Agreement constitutes
your agreement to be bound by any such changes. This Agreement was last updated
on May 2009. Design Struct Pty ltd. may terminate, suspend, change or restrict
access to all or any part of this Site without notice or liability.
RESTRICTIONS ON THE USE OF SITE CONTENT
This Site contains text, data, photos, images and product and other information
(collectively, "Content") that is proprietary to Design Struct Pty Ltd. or its
Content providers. You acknowledge that this Content is protected by copyrights,
trademarks, trade secrets, patents, or other proprietary rights, and that these
rights are valid and protected in all forms, media, and technologies existing
now and hereinafter developed. You also acknowledge that the Content is and
shall remain the property of Design Struct Pty Ltd. or its Content providers
(each a "Contributor") who have been involved in the preparation or publication
of the Content. You may not modify, transmit, participate in the sale or
transfer of, or create derivative works based on any content, in whole or in
part. Subject to your full compliance with this Agreement. You may print copies
of the Content, provided that these copies are made only for personal,
non-commercial use and that you maintain any notices contained in the content,
or maintained by the Contributor, such as all copyright notices, trademark
legends, or other proprietary rights notices. You shall not store electronically
any significant portion of any Content. Design Struct Pty Ltd. authorises you to
view and use the Content on this Site solely for your personal, non commercial
use. The use of the Content on any other site, including by linking or framing,
or in any networked computer environment for any purpose is prohibited without
Design Struct Pty Ltd prior written approval.
TRADEMARKS
Design Struct Pty Ltd including their logo are Trademarks or service marks of
Design Struct Pty Ltd. Other company, product, and service names and logos used
and displayed on this Site may be trademarks or service marks owned by Design
Struct Pty Ltd. or others. Nothing on this Site should be construed as granting,
by implication, or otherwise, any license or right to use any of the Design
Struct Pty Ltd, Trademarks displayed on this Site. We prohibit use of any of the
Design Struct Pty Ltd. Trademark as part of a link to or from any site unless
establishment of such a link is approved in advance by us in writing.
DISCLAIMER OF WARRANTIES
None of Design Struct Pty Ltd., any of its affiliates, providers or their
respective officers, directors, employees, agents, licensors, agents or
independent contractor (collectively the Design Struct Pty Ltd. parties")
guarantees the accuracy, completeness, or usefulness of any of the content. This
site and all of the content is provided "as is" and "as available", without any
warranty, either express or implied, including the implied warranties of
merchantability, fitness for a particular purpose, non-infringement or title.
Additionally, there are no warranties as to the results of your use of the
content. The Design Struct Pty Ltd. Parties do not warrant that the site is free
of viruses or other harmful components.
LIMITATION OF LIABILITY
Under no circumstances will the Design Struct Pty Ltd. Parties be liable for any
general, special, direct, indirect, incidental, consequential punitive or any
other damages (including, without limitation, lost profits or business
interruption) of any kind whether in an actin arising out of or relating in any
way to your use, or inability to use, the content, the site or any third party
site to which this site is linked. Design Struct Pty Ltd. is not liable for any
defamatory, offensive or illegal conduct or any user. our sole remedy for
dissatisfaction with this site is to stop using the site. If the foregoing
limitation is found to be invalid, you agree that the Design Struct Pty Ltd.
Parties' total liability for all damages, losses, or cases of action of any kind
or nature shall be limited to the greatest extent permitted by applicable law.
INDEMNIFICATION
You agree to indemnify and hold harmless the Design Struct Pty Ltd. Parties from
and against any and all claims, losses, expenses, or demands or liabilities,
including attorneys' fees and costs, incurred by the Design Struct Pty Ltd.
Parties in connection with any claim by a third party (including any
intellectual property claim) arising out of (i) your use of the Site in
violation of this Agreement or in violation of any applicable law. You further
agree that you will co-operate as reasonably required in the defence of any such
claims. The Design Struct Pty Ltd. Parties reserve the right, at their own
expense, to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you, and you shall not in any event settle any
such claim or matter without the written consent of Design Struct Pty Ltd.
LINKS TO THIRD PARTY SITES
This Site may contain links to web sites controlled, owned, and operated by
third parties (the "Third Party Sites"). Design Struct Pty Ltd. cannot control
and has no responsibility for the accuracy or availability of information
provided on the Third Party Sites. You acknowledge that use of any Third Party
sites is governed by the terms of use for those web sites, and not by this
Agreement. Links to Third Party sites do not constitute an endorsement by Design
Struct Pty Ltd. of such sites or the content, products, advertising or other
materials presented on such sites, but are for your convenience and you access
them at your own risk. We are not responsible for the content of any third pary
web sites, nor do we make any warranties or representations, express or implied,
regarding the content (or the accuracy of such content) on any third party web
sites, and Design Struct Pty Ltd. shall have no liability of any nature
whatsoever in relation to any of the foregoing.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers or other third parties found on or through the site, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings are
solely between you and such advertiser. You agree that we are not responsible
nor shall we be liable for any loss or damage of any sort incurred as a result
of any such dealings or as the result of the presence of such advertiser on the
Site.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Design Struct Pty Ltd's practices and policies with respect to the collection
and use of personally identifiable information is governed according to Design
Struct Pty Ltd's Privacy Policy. USER CONDUCT You agree to use the Content and
Site only for lawful purposes. You are prohibited from any use of the Content or
Site that would constitute an illegal offense, give rise to liability or
otherwise violate applicable local, state, national or international law or
regulation.
USER MUST COMPLY WITH APPLICABLE LAWS
This Site is based in Perth, Western Australia. Design Struct Pty Ltd. makes no
claims concerning whether the Content may be downloaded or are appropriate for
use outside of Australia. If you access this Site from outside of Australia, you
are solely responsible for ensuring compliance with the laws of your specific
jurisdiction.
GENERAL PROVISIONS
Failure by Design Struct Pty Ltd. to enforce any provisions(s) of this Agreement
shall not be as a waiver thereof. This Agreement and all other aspects your use
of the Site shall be governed by and construed in accordance with the laws of
the State of Western Australia. Without regard to its conflict of laws rules.
All claims and disputes arising out this Agreement or your use of the Site,
other than actions for specific performance or injunctive relief brought by your
use of the site, other than actions for specific performance or injunctive
relief brought by Design Struct Pty Ltd, shall be exclusively brought in the
federal, state, or local courts located in Western Australia, and, with regard
to such claims and disputes, you hereby irrevocably (i) submit to the exercise
of personal jurisdiction over your by those courts and (ii) waive any
jurisdictional, venue, or inconvenient forum objections to such courts. Any
cause of action you may have with respect to the content, site or this Agreement
must be commenced within one (1) year after the claim or cause of action arose,
or be barred. If any provision of this Agreement is found to be invalid or
unenforceable, the remaining provisions shall be enforced to the fullest extent
possible, and the remaining provisions of the Agreement shall remain in full
force and effect. You may not assign this Agreement, by operation of law or
otherwise, without Design Struct Pty Ltd's Prior written consent. Subject to
that restriction, this Agreement will be binding on, inure to the benefit of,
and be enforceable against the parties and their respective successors and
assigns. Neither the course of conduct between parties nor trade practice shall
act to modify any provision of the Agreement. All right not expressly granted
herein are hereby reserved.
CONTACT US
If you have questions regarding the Agreement or the practices of Design Struct
Pty Ltd. please contact us by email at admin@designstruct.com.au or by regular
mail at Design Struct Pty Ltd. 3/12 Business Way Malaga WA 6090. Copyright 2008
Design Struct Pty Ltd.3/12 Business Way Malaga WA 6090. Phone (08) 9248 9224 Fax
(08) 9248 5224 |
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