Terms and
Conditions – Tenby International Websites
These conditions of use ("Conditions of Use") set out
the conditions applicable to your use of, including your acquisition
of products or services through, this website or any other Website
controlled or owned by Tenby International Proprietary Limited ABN 87
103 636 826 and its related bodies. Tenby International may amend
these Conditions of Use at any time by posting the amended terms on
this Website or any other Website controlled or owned by Tenby
International which you acknowledge shall constitute sufficient notice
to you thereof. These Conditions of Use were last amended on 1 of
February 2010.
Acceptance of terms
You acknowledge and accept that by using this Website
and any other Website controlled or owned by Tenby International; you
agree to be bound by these Conditions of Use. If you do not agree with
any of these terms, do not use this Website or any other websites
controlled or owned by Tenby International.
Any use of and/or acquisition of any product and/or
service offered on this Website or any other website controlled or
owned by Tenby International is subject to the applicable Tenby
International Contract Conditions (In the event of any inconsistency
between these Conditions of Use and any Other Terms and Conditions,
the Other Terms and Conditions prevail to the extent of the
inconsistency only.
Copyright
Unless expressly indicated to the contrary, Tenby
International or its licensors own copyright in all texts, graphics
and layouts ("Material") on this Website or any other websites
controlled or owned by Tenby International. Except as indicated below,
or as permitted under the Copyright Act 1968 (Cth) or applicable laws,
you must not copy, modify, transmit or distribute any Material on this
Website or any other Website controlled or owned by Tenby
International. You acknowledge that you do not acquire any ownership
rights by downloading Material from this Website or any other Website
controlled or owned by Tenby international.
Reproduction
You may reproduce in whole or in part the Material only
if:
-the reproduction is not for public or commercial
purposes; and
-you do not remove or modify any notices of attribution
of copyright or, if there are no such notices, you clearly attribute
Tenby International as the copyright owner or licensee of the work.
Framing
Unless we notify you to the contrary, you may
incorporate any Material or parts of such Material on this Website or
any other Websites controlled or owned by Tenby International into
your website only if you comply with the conditions relating to
authorised reproduction set out above. You are not authorised to
represent that Tenby International endorses or otherwise approves of
the content on or operation of your website.
Trade marks
Tenby International is the owner of the Tenby
International logo ("Tenby International Trade Mark"). The Tenby
International Trade Mark must not be used by you or any other person
except as part of an authorised reproduction of the Materials. You
must not modify, or permit the modification of, the Tenby
International Trade Mark. Nothing contained in this Website or any
other Website controlled or owned by Tenby International should be
construed as granting any licence or right to use any Tenby
International Trade Mark displayed on this Website or any other
Website controlled or owned by Tenby International, without the
written permission of Tenby International.
Disclaimer
You agree that your use of this Website (including
downloading Material) is at your sole risk.
The Material on this Website or any other Website
controlled or owned by Tenby international is intended to provide
general information only and may not be accurate or current. Material
is provided on an "as is" and "as available" basis. Tenby
International and its suppliers do not warrant or make any
representations concerning the completeness, timeliness, suitability
or accuracy of any Material on this Website or any other Website
controlled or owned by Tenby International including, without
limitation, the prices of products or services, contained on or
accessible through this Website or any other Website controlled or
owned by Tenby International, or that access to this Website or any
other Website controlled or owned by Tenby International will be
uninterrupted, timely or secure. To the extent permitted by law, in no
event shall Tenby International and its suppliers be liable for any
damages of any kind related to the completeness, timeliness,
suitability or accuracy of any Material.
This Website or any other Website controlled or owned
by Tenby International may contain hypertext links, frames or other
references to websites operated by third parties ("Third Party
Websites"). We cannot control the contents of Third Party Websites,
and make no warranty about the completeness, timeliness, suitability,
accuracy or subject matter of the Material located on Third Party
Websites. We do not approve of, endorse, or sponsor any content or
Material on Third Party Websites.
We make no warranties or representations that use of
Material on Third Party Websites to which this Website or any other
Website controlled or owned by Tenby International is linked does not
infringe the intellectual property rights of any person anywhere in
the world.
We are not, and must not be taken to be, authorizing
infringement of any intellectual property rights contained in Material
on Third Party Websites by linking to such Material or allowing such
Material to link to this Website.
Limitation of liability
To the maximum extent permitted by law, under no
circumstances will Tenby International be liable for any indirect,
incidental, special or consequential damages, including damages for
loss of business or other profits, arising out of or referable to the
accessing, downloading, using or relying on any Material on this
Website or any other Website controlled or owned by Tenby
International or any Material on a Third Party Website, whether caused
by the negligence of Tenby International or otherwise.
The liability of Tenby International for a breach of a
condition or warranty implied by law and which cannot be excluded, is
limited, to the extent possible, at Tenby International's option, to:
-
the
supply of the goods or services again; or
-
the
repair of the goods; or
-
the
payment of the cost of having the goods or services supplied again
or repaired.
Virus warning
Tenby International does not represent or warrant that
any files obtained from or through this Website or any other Website
controlled or owned by Tenby International are free from computer
viruses or other defects, including trojan horses and worms. Any such
files are provided, and may only be used, on the basis that the user
of such files assumes all responsibility for any loss, damage or
consequence resulting directly or indirectly from use of those files.
Indemnity
You agree to defend, indemnify and hold Tenby
International, its directors, officers and employees, harmless from
any and all liabilities, costs and expenses, including reasonable
legal fees, related to any breach of these Conditions of Use by you,
or (to the extent permitted by law) in connection with your use of
this Website or any other Website controlled or owned by Tenby
International or the placement or transmission of any Material on this
Website or any other Website controlled or owned Tenby International
by by you.
Revisions
Tenby International reserves the sole right to either
change, modify, delete or add any Material on the Website or any other
Website controlled or owned by Tenby International or discontinue your
access to the Website including any features on it at any time with or
without notice to you. Tenby International is not liable to you or to
any third party should it exercise such right. Modifications may
include, but are not limited to, changes in the services and/or
products listed and/or the prices of such services and/or products.
Tenby International may, in its sole discretion,
terminate or suspend your access to all or part of this Website for
any reason. Any suspected abusive or illegal activity may result in
termination of your access and the activity may be referred to
appropriate law enforcement authorities.
Concerns regarding Conditions of Use
Should you object to the Conditions of Use or any
subsequent modifications thereto or become dissatisfied with this
Website or any other Website controlled or owned by Tenby
International, your only recourse (to the extent permitted by law) is
to immediately terminate your use of this Website or any other Website
controlled or owned by Tenby International.
If you have any issues and/or questions with these
Conditions of Use or any rule, policy, guideline or practice which
Tenby International uses to operate the is Website or any other
Website controlled or owned by Tenby Internationa, please contact us
companysecretary@tenbyintl.com
