Terms and Conditions
Version 1.0 (8th of Septermber 2008)
Gizmag Pty Ltd (Gizmag) is pleased to provide you with access to the Gizmag website and related services owned or operated by Gizmag Pty Ltd (Gizmag Website) on these terms and conditions.
By accessing or using the Gizmag Website you agree to be bound by these terms and conditions of use as amended from time to time.
About this Website
Gizmag publishes or makes available on the Gizmag Website information, advertisements and links supplied by Gizmag and third parties ( Material). Gizmag does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Gizmag Website or on any web site that links from the Gizmag Website.
Personal and Non Commercial Use Only
Use of the Gizmag Website is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use. You must not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material published on the Gizmag Website to create any web site or publication;
- mirror or frame any web site or page within the Gizmag Website; or
- transfer or sell any information, functionality or products or services offered on the Gizmag Website;
without the written approval of Gizmag.
Gizmag may terminate your right to access and use the Gizmag Website at any time.
You are Responsible for the use of this Website
Whilst Gizmag takes care to ensure that the Material on the Gizmag Website is correct, current and free from errors, Gizmag does not warrant the accuracy or completeness of or the representations made by the Material on the Gizmag Website or any web site that links from the Gizmag Website or any information received as a result of using the Gizmag Website.
The services and Material made available on the Gizmag Website are provided as general information only. Gizmag does not warrant that the services and Material are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
If Gizmag suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to indemnify Gizmag for all such loss and damage.
Gizmag's Responsibility to You is Limited
Gizmag will only be liable to You:
- where the law implies a term into these terms and conditions which cannot be excluded and Gizmag breaches that term . Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so Gizmag liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
- if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Gizmag.
Other than as set out above Gizmag, will not be liable to You:
- for claims arising out of or in connection with your access and use of the Gizmag Website and related services whether arising in contract, tort ( including negligence), indemnity, strict liability, breach of warranty or statute; and
- for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
For the purposes of this section, the term Gizmag will mean Gizmag, its officers, employees, contractors and agents, whether individually or collectively.
Copyright and Trademarks
Material on the Gizmag Website is © Gizmag Limited 2008. All rights reserved. Unless otherwise indicated on the Gizmag Website, the material on the Gizmag Website is owned by or licensed to Gizmag and is subject to copyright ( the " Copyright Material"). You may:
- only copy or reproduce the Copyright Material for the purpose of browsing the Gizmag Website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material or remove any legal notice associated with it.
Gizmag and other names of Gizmag product and/or services referenced herein are trademarks or registered trademarks of Gizmag Pty Ltd. Other product and company names mentioned on the Gizmag Website may be the trademarks of their respective owners.
Gizmag may provide you with the ability to communicate with Gizmag, the Gizmag Website, advertisers and users of the Gizmag Website through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums and other forms of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by Gizmag.
Use of the Communications Services is provided on condition that You do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any persons intellectual property or privacy rights.
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters other than as approved by Gizmag.
- download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
Gizmag may, but has no obligation to do so, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
In consideration of Gizmag allowing you to access and use the Gizmag Website you grant to Gizmag a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as Gizmag determines from time to time (subject to any applicable laws).
What Law Governs these Terms and Conditions
This Agreement and your use of the Gizmag Website is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Changes To These Terms and Conditions
Gizmag may cease to provide you with access to the Gizmag without notice.
All rights not expressly granted are reserved.