Terms for Use of Web Site
Introduction
2. If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these Terms, you should not review information or obtain goods or products from this site.
3. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).
Disclaimers, liability limitation and indemnity
General disclaimers
4. Use of this site is at your risk.
5. None of us, our affiliates or any of our or their respective directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this site, its use, its content or any products or services (including our products or services) referred to on this site.
6. The limitation and terms explained in paragraph 5 includes (but is not restricted to) loss or damage you might suffer as a result of reliance on the completeness, accuracy, suitability or currency of the site or its content (including third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
7. The limitation and terms explained in paragraph 5 includes (but is not restricted to) loss or damage you might suffer as a result of failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
8. The limitation and terms explained in paragraph 5 includes (but is not restricted to) loss or damage you might suffer as a result of accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and your linking to any such site is at your own risk.
9. The limitation and terms explained in paragraph 5 includes (but is not restricted to) loss or damage you might suffer as a result of the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site.
10. The limitation and terms explained in paragraph 5 includes (but is not restricted to) loss or damage you might suffer as a result of defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
11. The limitation and terms explained in paragraph 5 includes (but is not restricted to) loss or damage you might suffer as a result of a breach by us of our Privacy Policy (other than a wilful breach).
Opinions
12. Opinions expressed on this site are those of the relevant contributors. We do not necessarily share those opinions.
No advice given
13. If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site. We will endeavour to assist you if you specifically inquire about matters in which we have expertise, but cannot accept any responsibility for doing this.
Exclusion of implied warranties
14. To the maximum extent permitted by law, we exclude all warranties by us that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).
Continued site availability and access
15. We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.
Limitation of our liability (if any) to you
16. Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this; in the case of products supplied or offered by us - repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or the amount paid by you (if any) for accessing this site.
Indemnity
17. You indemnify us, our affiliates and our respective employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet); and any breach by you or your agents of the Terms.
Rights we cannot exclude, limit or disclaim
18. This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
Copyright and intellectual property notices
International copyright protection
19. The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.
We own or control, and reserve, all rights
20. Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.
Personal, non-commercial use
21. You are authorised to download and view content; and use the software included in this site in doing this for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
22. If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.
23. You must not, without our prior written permission, exploit any of our site materials for commercial purposes.
Creative commons licence
24. If a web page indicates that the content of that page is available for a dealing under a creative commons licence, you are also authorised to deal with the relevant content under the terms of that licence.
Prohibited conduct
25. Except as expressly authorised under these Terms you may not, without our prior written permission and the permission of any other relevant rights owners, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any purpose.
26. This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify; or any fair dealing for the purposes of private study, research, criticism or review.
Providing feedback
27. When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
Adding information
28. We may add information to any message originated via this site.
Trade mark notices
Prohibition
29. No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Notice of marks
30. Each of our trade marks is protected in Australia and may be the subject of rights in other countries.
31. Other names and images on this site may be trade marks or registered trade marks of ours, our affiliates or third parties (including advertisers and our sponsors).
32. The use or misuse of these trade marks, except as expressly authorised by the trade mark owner, is prohibited.
Disclaimer of association or endorsement
33. The use by us of another's trade mark on this site is not of itself intended to indicate any association with, or endorsement by or of, the owner of that trade mark.
User conduct
Lawful use only
34. You must use this site only for lawful purposes.
General prohibitions
35. You must not up-load, post, transmit or otherwise make available through this site any material which a) violates or infringes the rights of others (including their privacy and publicity rights); b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; d) restricts or inhibits any other user from using or enjoying this site; e) affects the functionality or operation of this site or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); and/or breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
No SPAM
36. Electronic addresses posted on this site are published for professional communications only and do not constitute an invitation to send unsolicited commercial emails, including (but not limited to) emails offering to supply goods or services. Except as authorised by these Terms, you must not harvest email addresses from this site or use or publish email addresses for any purpose without our written consent.
No promotional materials
37. You must not, without our prior written consent, up-load, post, transmit or otherwise make available through this site any material which contains promotional material, advertising or any solicitation (whether commercial or otherwise) for products of services.
No infringement of others' proprietary rights
38. You must not, without the express permission of the relevant rights owner, up-load, post, transmit or otherwise make available through this site any material protected by copyright, trade mark or other proprietary rights.
Our licence to use your contributions
39. If you submit material to this site, you grant, or warrant that the owner of such material has granted, to us and our affiliates, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part; use the names and images (if any) that you submit with any such material, including names and images identifying you as the author of the material; and exploit all proprietary rights (such as copyright, trade marks and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of us or our objectives).
40. You consent to us and any person authorised by us doing any or all of the above despite all moral and similar rights you may have or later acquire in respect of any such material.
41. At our request and expense, you will execute and deliver to us all such instruments and take such other actions as may be requested by us to obtain the benefit of and perfect this grant of licence and consent.
Others' licence to use your contributions
42. If we publish material submitted by you for publishing, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
43. If we publish material submitted by you on a web page that indicates that the content of that page is available for a dealing under a creative commons licence, others are also authorised to deal with the relevant content under the terms of that licence. Subject to a separate written agreement with you, we may elect whether or not to make your material available to others under a creative commons licence. Typically, comments and forum postings will be available under a creative commons licence (but this does not limit our rights to treat other materials in the same manner).
Contributors Agreement Faith Computing Pty Ltd
44. These Terms supplement other rights we might have, for example our rights in relation to contributors under a Contributors Agreement. By submitting a contribution to us for inclusion on site, you agree to be bound by any such Contributors Agreement.
Monitoring site content
45. If you submit material to this site for publication, you permit us, for any reason, to monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and edit, refuse to post or remove any material submitted by you.
46. However, we do not assume any obligation to monitor or censor materials.
47. We reserve the right to host moderated or unmoderated forums or other web pages to which site users can post materials ("Forums"). We are not responsible for materials posted to Forums by third parties, whether or not we moderate those Forums; materials altered by us in moderating Forums; or our removal of, or failure to remove, all or any part of those materials.
Co-operation with authorities
48. We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
Disclaimer about others' materials
49. You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
Subscriber services
50. We may offer various subscriber services that consist of access to or the supply or provision of services, content or information not available to non-registered users. Any particular terms and conditions attaching to the use of any subscriber service are in addition to these Terms.
51. If you are a registered user or subscriber to this site or any of its products or services, you acknowledge and agree that you are solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by you from time to time ("User Password"); you will not reveal (or cause to be revealed through any act or omission) your User Password to any other person; you will immediately notify us if your User Password is lost or becomes known to any other person; you are solely responsible for all access to and use of this site via your User Password, whether such access or use is by you or any other person; registered user or subscriber services are for one user only and you will not let any other person use your User Password or any registered user or subscriber services; and any information you provide to us at any time becomes our property.
52. The price (if any) of any subscriber service is subject to change at any time. You should make sure you are aware of the price of any subscriber service before you purchase it.
53. We may cancel or discontinue your use of or access to any subscriber service without liability to refund any fees paid in advance for future services if you have breached these Terms.
Creating links to this site
54. You are welcome to create links from your web pages to these web pages. However, you must not use our trade marks in doing so unless you have our written permission. We are happy to discuss this with you.
Transactions
Disclaimers apply to all transactions
55. The disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, this site.
Terms of trade
56. If you order products or services from us through this site, the following conditions apply (in addition to, and to the extent these conditions are consistent with, any terms or conditions relating to these products or services appearing elsewhere on our web pages or otherwise the subject of an agreement between us).
57. Your order is an offer to buy products or services which we may accept, in whole or in part, by providing products or services to you. Any acknowledgement of your order is only to confirm receipt of your transmission, notwithstanding that it might state or imply that your order has been accepted.
58. Illustrations and specifications of products or services are indicative only. The actual products or services supplied may differ.
59. Where products or services offered through this site are supplied by third parties, we are an ordering intermediary only and are not responsible for those products or services or their delivery.
60. The price is as stated on this site at the time of the order, expressed in Australian dollars unless otherwise indicated.
61. Unless otherwise stated, the price excludes any applicable GST (an Australian value added tax of 10% on most products and services) and delivery and insurance charges.
62. Products and services available through this site are subject to change at any time without notice. Listed products or services may not be available immediately or at all. Prices might change if new stock is required.
63. You authorise us to charge your nominated credit card or other electronic payment facility accepted by us with the full price, applicable GST and delivery and insurance charges.
64. We endeavour to arrange delivery as quickly as possible, subject to availability. However, we will not be liable to you if delivery is delayed or products are forwarded to the wrong destination, even if we have specified an indicative delivery time.
65. Risk in the products passes to you upon delivery by us to the carrier commissioned to deliver the products to you.
66. Title to the products passes to you with the passing of risk or upon the receipt by us of full payment of the price, applicable GST, delivery and insurance charges, whichever is the later.
67. The provision of products or services to you does not confer on you any intellectual property rights (such as marks, designs, copyright or patents) inherent in the products or services supplied.
68. We may sub-contract the supply or delivery of products or services at our discretion. We are not responsible for the acts or omissions of our sub-contractors.
69. If a product purchased by you proves to be defective or not to your reasonable satisfaction, you can return the product within 21 days of receipt, to the address posted in the first instance to the suppliers address posted on your invoice, receipt or consignment note, or in the second instance to the address shown at the Contact section of this website. Please may telephone or email contact before despatching the goods so that processes can be aligned for maximum efficiency. In this event, we will provide you a credit for other purchases on the site (less shipping and handling charges incurred). This is your sole and exclusive right to refund and return.
Inconsistent terms
70. We are only prepared to provide products and services on the terms and conditions outlined here. If you order products or services on other terms or conditions, any supply of the products or services by us is by way of counter-offer to you on these terms and conditions, which may be accepted by you by accepting the products or services. Any charge by us to your nominated credit card or other electronic payment facility is not an acceptance of your offered terms and conditions but is in implementation of our counter-offer to you. We will reverse any charge if you do not accept our counter-offer.
Products on linked sites
71. Third party web sites accessed through links on this site, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant site and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those sites.
General provisions
Legal Jurisdiction is New South Wales, Australia
72. This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, these Terms and your dealings with us are governed by the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Entire agreement
73. These Terms constitute the entire and only agreement between us and you, and supersede all prior or contemporaneous agreements, conduct, representations, warranties and understandings with respect to the site or the subject matter of these Terms.
Unenforceable Terms
74. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
Site or content may be unlawful outside Australia
75. We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
Your responsibilities under laws affecting you
76. You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).
You are of legal age
77. You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.
No offers where illegality arises
78. Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
English language
79. These Terms have been prepared in the English language and must be construed accordingly.
Agreement Ends.
© Faith Computing 2010. This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from Faith Computing. Requests and inquiries concerning reproduction and rights should be addressed to the Faith Computing Administration Services by emailing us