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WEBSITE TERMS AND CONDITIONS OF USE
1. Terms and Conditions
1.1 These terms and conditions apply to this website (the Website) and associated websites owned by eTradeSoft or operated by eTradeSoft on behalf of its clients (collectively referred to as the Websites) and all forms of use and access associated with the Websites.
1.2 This Website is owned and run by eTradeSoft Pty Ltd, ACN 134 086 392 (we, our or us).
1.3 By accessing and using this Website or the Websites you (you or your) agree to be bound by these Terms and Conditions as well as any other sets of terms and conditions, or policies, or similar, which may be applicable that are published and made available from the Website or the Websites (such as, the our Privacy Statement).
1.4 These Terms and Conditions operate in addition to, and independently of, our sets of terms and conditions, or policies, or similar, or any other agreement in any form between us and any person(s). To the extent of any inconsistency between these Terms and Conditions and any other agreement, the agreement that prevails will be our decision entirely (made on a case-by-case basis unless specifically stated otherwise in an agreement).
1.5 We may change these Terms and Conditions at any time. Such changes will be made through the updating of this webpage. A notice will be displayed on the front page of the Website. Additionally where you are a subscriber we will email a copy of the updated Terms and Conditions. The revised terms take effect at the time of posting.
2. Usage and Licencing
2.1 The Website, all information contained in and/or deriving from it, and all related content:
2.1.1 is owned by us, and is subject to copyright and may be the subject of other intellectual property laws and rights;
2.1.2 is available for you to download onto your personal computer, or print hard copies of, but only to the extent necessary to view such information;
2.1.3 is provided for your personal, non-commercial use only. We grant you a limited, non-transferable licence to do this;
2.1.4 must only be used and/or viewed by you in compliance with all relevant laws, standards, regulations and codes; and
2.1.5 must not be used, reproduced, uploaded, posted, listed, linked to, distributed, published, communicated to the public by any medium, changed, modified, included in works or materials, or transmitted in any other medium (electronically or otherwise),
without express written consent from us. We can withdraw such consent at any time without notice. 2.2 In some cases, persons under 18 years of age must have the consent of their parent or guardian before accessing or using this Website.
2.3 In certain circumstances it is, or may become, possible for Website users and/or viewers to submit certain information or files to us or other users of the Website or Websites via the Website or Websites, email or another form of electronic transmission ( Contribution). If and when it is possible for you to make a Contribution(s):
2.3.1 each Contribution, and the information contained in a Contribution, is the sole responsibility of the contributor(s). We do not accept responsibility for any content or any other thing that is contained in any Contribution(s), including in the case of any infringement of any copyright or other intellectual property laws or rights;
2.3.2 we reserve the right to examine, move or remove any Contribution(s); and
2.3.3 we reserve the right to use, copy, sublicense, adapt or publish the Contribution(s), or any information contained in them, in any reasonable manner as we see fit, whether in written, electronic, visual, audio and/or any other form.
2.4 We (or persons we authorise) may gather and process information:
2.4.1 which you may provide when accessing the Website or Websites, such as your name, address, email address and other information about you or your organisation;
2.5 We may authorise third parties to offer you goods and services using the information acquired under clauses 2.4.1 above.
2.6 In the case of any information we may gather about you our privacy policy contained within our Privacy Statement will apply to that information.
2.7 We may terminate your access to the Website or Websites at any time, via any means or method, and without giving any explanation or justification for the termination of such access, and we will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
3. Liability and Indemnity
3.1 We are not liable to you for:
3.3.1 errors, inaccuracies, failures or omissions in the Website or Websites, or other linked sites on the Web;
3.3.2 delays to, interruptions of or cessation of the services provided in or on the Website or Websites, or any other linked sites; and
3.3.2 defamatory remarks or conduct, offensive (including in relation to age, sex or race) remarks or conduct or any other illegal conduct of any user of the Website or Websites, whether caused through our negligence, our employees, the independent contractors we use, or through any other cause. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or using materials from the Website.
3.2 We are making this Website and the Websites available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and we give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on this Website or the Websites and/or other linked websites.
3.3 To the full extent permitted by law we disclaims any and all warranties, express or implied, regarding:
3.3.1 the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Websites and/or of any linked websites; and
3.3.2 merchantability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Websites and/or on any linked websites.
3.4 We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it we have been advised of the possibility of such loss of profits or damages) which are the consequence of you:
3.4.1 acting, or failing to act, on any information contained on or referred to on this Website, the Websites and/or any of the linked websites; and
3.4.2 using or acquiring, or your inability to use or acquire, any service or product contained or referred to on this Website, the Websites and/or any linked websites.
3.5 To the maximum extent permitted by law, we do not accept any liability for any damage, harm, loss (whether or expenses suffered by any use, viewing, Contribution, or any other utilisation of this Website or the Websites. Such damage, harm, loss or expenses include (but are not limited to) those occurring through business use (for example, loss of data or profits), viewing, Contribution or any other utilisation of this Website or the Websites.
3.6 When a person uses, views, makes a Contribution, or utilises the Website or Websites in any way which results in any damage, harm, loss or expenses to be suffered by us or to the Website or Websites, we will hold such person liable for such damage, harm, loss or expenses. Furthermore, in such situation(s), such person(s) agrees to indemnify us against any damage, harm, loss or expenses suffered by us.
3.7 Clauses 3.1 to 3.6 above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. In such circumstances and to the full extent permitted by law, our liability for any implied warranty or condition is limited, at our election, to the following:
3.4.1 the supply of any services again; or
3.4.2 the payment of the cost of having any services supplied again. 4. Warranties
4.1 We do not warrant, guarantee or make any representation that:
4.1.1 the Website or Websites, or the server that makes the Website or Websites available on the Web is free of software viruses or other malicious program code;
4.1.2 the functions contained in any software contained on the Website or Websites will operate uninterrupted or are error-free; and
4.1.3 errors and defects in the Website or Websites will be corrected.
5. Links, Advertisements and Third Parties
5.1 We are not responsible for:
5.1.1 the use of, any information contained in, any representations made by, or any form of correspondence and/or dealings with;
5.1.2 the quality or supply of any goods or services represented or sold by, or purchased from; and
5.1.3 any damage, harm, loss or expenses including (but not limited to) those occurring through business use, suffered from, any websites or other sources of information or contact, that have a link, advertisement, or any other details in any other form, on this Website or the Websites. This applies where such websites or other sources of information or contact were accessed directly, indirectly, or in any other way, through the Website or Websites.
5.2 The presence of any websites or other sources of information or contact, that have a link, advertisement, or any other details in any other form, on this Website or the Websites, does not mean that we in any way endorse, promote, approve of, agree with the ideas of, or are affiliated or associated with the owners of, such websites or other sources of information or contact.
6. Security
6.1 For your and your customers or clients' protection we have put in place a number of industry standard security measures to make sure your data is safe from loss, misuse, or alteration. These include industry standard encryption, firewalls, intrusion detection systems, virus scanning systems and other data security practices including offsite storage, redundant servers and back up systems. Notwithstanding this, you remain responsible at all times for ensuring your communications with this website are secure.
6.2 If you are or become a Subscriber, you will receive a UserID and password. You are entirely responsible if you do not maintain the confidentiality of your UserID and password. Further, you are entirely responsible for any and all activities, which occur under your UserID and password.
6.3 You acknowledge that we are entitled to assume that all use of your UserID and password is used by you as Subscriber unless and until we are notified otherwise.
6.4 You must not send or disclose your UserID or password to any unauthorised person or entity (including to any other billing company) or store it in a manner that would reasonably allow an unauthorised person or entity to obtain access to the UserID and password.
6.5 You must keep any computer on which your UserID and password is stored physically secure and take all necessary precautions to protect any computer from any Virus or programs which may make the UserID and password on the computer accessible to any third party.
6.6 You agree to immediately notify us of any unauthorised use of your UserID or password or any other breach of security that you become aware of. Upon such notification we will take steps to deactivate your access to the Subscriber components of this website and issue you with a new UserID and password within a reasonable time of being so notified. Notice provided by you in these circumstances does not release you from your responsibilities under this agreement.]
7.3 Upon a breach of any of these Terms and Conditions by any person(s), our hesitation or lack of action taken in regard to such breach, does not in any way imply a waiver by us of our right to act with respect to that particular breach or subsequent or similar breaches.
Last revised: 26.11.08
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