Terms of Use
Last updated: 21 March, 2005
The HPWS (High Performance Web Site) website ("the website") is owned and operated by High Performance Web Sites. Your access to the the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the the website (known collectively as "Terms of Use"). Your use of, and/or access to, the the website constitutes your agreement to the Terms of Use. HPWS reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the the website.
General terms
- Intellectual property and restrictions on use of content on the the website
- Communication facilities
- User licence to HPWS
- Advertising, links to third party websites and e-commerce offers
- Disclaimer and limitation of liability
- Termination
- Trademarks of HPWS
- Miscellaneous
Intellectual property and restrictions on use of Content on the the website
All information, text, material, graphics, software and advertisements on the the website ("Content") are Copyright © 1997-2010 HPWS, its suppliers and/or licensors unless expressly indicated otherwise on the the website. The Content is protected by Australian and international copyright and trademark laws. Content on the the website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the the website or expressly authorised in writing by HPWS or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
b) if you are an Internet service and/or access provider, supply the Content to your subscriber.
You must not use the the website in any manner or for any purpose which is unlawful or in any manner which violates any right of HPWS or an affiliate or which is prohibited by the Terms of Use.
Communication facilities
The website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to HPWS, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facility and your access to the the website that you do not do any of the following:
- restrict or inhibit any other user from using or enjoying any forum;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
HPWS may from time to time monitor or review the contents of its Communication Facilities. While HPWS reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in HPWS's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, HPWS has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is HPWS responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the the website are solely their own). As determined by the Broadcasting Services Amendment (Online Services) Act 1999 - Section 91. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
HPWS reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User licence to HPWS
By placing any information or other material on the the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to HPWS a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of HPWS and any other party authorised by HPWS all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of HPWS, you will execute and deliver to HPWS such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Advertising, links to third party websites and e-commerce offers
The the website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of HPWS and HPWS is not responsible for the contents of any linked website or any hyperlink contained in a linked website. HPWS provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by HPWS or its affiliates. You link to any such website entirely at your own risk.
The the website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by HPWS or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by HPWS, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
The product prices listed in the Shopping sites ("Service") are the responsibility of the relevant retailer and are accurate at the time the retailer notifies HPWS. They are subject to change without notice by the retailer. HPWS is not liable for the prices or price changes, including where price changes have not been reflected on the Shopping sites. Your use of the Service is subject to the HPWS terms of use.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by HPWS of goods or services on the the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). HPWS does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) HPWS and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) HPWS does not warrant that the functions contained in any Content or any Communications Facility or your access to the the website will be uninterrupted or error-free, that any defects will be corrected or that the the website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) HPWS does not warrant or make any representation regarding your access to, or the results of your access to, the the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not HPWS) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of HPWS) will HPWS or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the the website or any Content. You expressly acknowledge and agree that HPWS does not exert control over users of the the website (including individuals referred to on the the website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, HPWS's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of HPWS to the following:
- in the case of services supplied or offered by HPWS, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by HPWS, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by HPWS, and HPWS may terminate this agreement and your access to the the website at any time without notice. In the event of termination, you are no longer authorised to access the the website, but all restrictions imposed on you, licenses granted by you and all HPWS disclaimers and limitations of liability set out in the Terms of Use will survive.
Trademarks of HPWS
The trademarks listed below are trademarks of HPWS or its affiliates (as indicated). All other trademarks displayed on the the website are trademarks of their respective owners. Nothing contained on the the website should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of HPWS, the relevant HPWS affiliate or third-party owner.
Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant HPWS website, but such use requires the express written authorisation of HPWS or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
High Performance Web Sites; HPWS
Miscellaneous
HPWS relies on your continued observance of these Terms of Use. If HPWS suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify HPWS for those losses, damages and costs.
The terms of this agreement apply to the full extent possible in relation to the supply by HPWS of any content or services for the HPWS wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service").
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.