Company: The Gary Simmons Group Pty Ltd
Terms Effective From: 14 April 2016
These are the ‘Terms & Conditions’ for the website listed above which from this point on will be referred to as ‘the website‘ The website belongs to/is licensed to the above listed company which from this point will be referred to as “the company/we/us”. We may refer to you as ‘you/visitors/customers/users/guests‘.
Purpose of These Terms
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, REMEDIES & OBLIGATONS INCLUDING DETAILS OF LIMITATIONS & EXCLUSIONS
Our Right to Change These Terms
Who May/May Not Use This Website
Users must be considered as adults in the country where the website is used. This is usually 16 or 18 years of age. Persons under the age of criminal responsibility may not use/make purchases/download content from this site without prior approval of an adult.
Limited License – Your Rights & Restrictions
By using this website the company grants you a license to view/download any information our website/your membership level/purchase allows you to see/download/use. Other than that you may not reproduce site content, designs, text, graphics, pictures, video, logos or any code. No content may be modified, copied, republished, translated, altered to look similar or downloaded without without prior written permission.
Using the site for the purpose of data mining, or collection of personal information for the purpose of canvassing is strictly prohibited. We reserve the right to remove users that breach this agreement and in certain circumstances & seek legal remedy to recover costs.
This company’s logos/website names/ product names & any other logos displayed are/may be registered trademarks. You may not register businesses/websites or publish any trademark that uses the names/brands/logos whether this is whole/in part or similar. Written permission to use any such trademarks must be obtained at all times from us or the trademark owner.
Our Copyright Policy
All material published on this website is the copyright of the company or the licensor. Users are prohibited from replicating /selling/distributing any: graphics, text, artwork, logos, photos, videos, downloads, software unless:
- You have gained permission to do so in writing.
- We have given you the specific right to do so as a part of a fee that you have paid to our company. This right is instantly revoked if you have asked & received a refund.
Copyrights of Others
We respect intellectual property rights of others and we forbid users from posting any material that violates another party’s intellectual property rights. We reserve the right to delete content, close user accounts for users who infringe copyright regulations. We may close accounts or remove posted material whether or not any infringement actually exists.
Visitor & Member Conduct
You agree that no material of any kind posted on our website by you will violate or infringe on the rights of any third party including, copyright, trademark, privacy or contain defamatory, libelous or unlawful material.
By using this website you agree not to:
- Upload content that we could be deemed as harmful, threatening, unlawful, confusing, defamatory, infringing, abusive, inflammatory, harassing, rude, vulgar, obscene, fraudulent, hateful or racist.
- Impersonate another person, misrepresent yourself or your business
- Upload or post unauthorized advertising.
- Upload any personal information such as address, telephone numbers, email address, credit card details, copies of bills – belonging to you or other members or any other third party
- Intimidate harass or stalk others
- Solicit information from other member, solicit passwords or personal information for commercial or unlawful purposes.
- Upload/send any material such as viruses, bots, Trojans, spoofs that could cause damage to our servers, limit the function or affect normal operation of the website in any way.
- Upload any material or make available via links any content that would constitute, encourage or provide instructions for any criminal purpose, violate the rights of any other member or third party, or could potentially create a liability or violate any local or international laws.
- Create a false identity
- Use or access another users account
- Publish/make accessible your username & password to others.
- Use any script to interact with the site functions in any way.
- Sell or transfer your use or access to the site to any third party
Our website operation relies on hosting companies, content delivery networks & world wide web routing/peering arrangements – all of which can be affected by hacking activity & hardware failures & other technical issues. Whilst we use use high quality service, there will inevitably be occasional downtime. The company cannot be held liable for any such downtime but will endeavor to keep this to a minimum
The security of your username & password is your sole responsibility. A poorly secured PC may result in your username & password being harvested by hackers. We recommend all users use firewall software and a modern anti-virus program as a minimum level of security. The company will suspend any membership where we believe information has been posted via a hacked account or terminate any account that is frequently hacked or accessed by too many IP’s. If you believe your account has been hacked you must contact our support for help.
Third Party Websites & Links
The website may contain links or adverts that link to third party websites. We do not check for accuracy, validity of any content provided by any such sites. By leaving this website you should be aware that our terms no longer valid and you are advised to read the terms of these websites.
Our website services/documents/videos & software purchased can be affected by many variables such as: other software, software versions, data corruptions, hardware failures, operating system faults, software configurations, hosting configurations, server software, & many other variables. It’s the users responsibility to make adequate backups of their own websites/software necessary to avoid loss. With this respect you agree to indemnify & hold the company, it’s directors, employees & affiliates harmless from any loss, liability, claim, damages, costs, expenses, including legal fees arising out of any instructions followed, software purchased or any other material published by us.
Termination of Service/Membership/Support
Limitation of Liability
In no event will the company, it’s directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from the use of the site/software/instructions/services even if the company is aware or has been advised of the possibility of such damages. The company’s liability to you for any cause whatsoever, and regardless of the cause of action it will at all times be limited to the amount paid by you to the company.
Unless otherwise stated the company doesn’t promise any specific results from the use of the site/service/software or instructions and grants no warranties of any kind, express, implied or statutory. The company does not represent or warrant that the site or service or software are wholly accurate, complete, reliable, error free, or free from harmful components.
The website may be temporarily unavailable from time to time for maintenance or other reasons. The company assumes nor responsibility for any error, omission, interruption, deletion, defect, delay, theft, destruction, or unauthorized access to, communications failure, network failure, problems with own hardware, problems with service & service providers, internet traffic congestion or PC damage.
Due to the high increase in hacking activity our website had to increase security to maintain reliable operation – This will lead to occasional user lockouts. We advise users to log out after finishing using the website & enter any password carefully to avoid problems.
Hacking Libel & Criminal Activity
The company reserves the right to prosecute & seek damages from any person who aims to harm or block the normal operation of this site by means of hacking, denial of service attacks, publishing false information or any other means.