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Website and General Terms and Conditions Terms
and Conditions of use a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The web site must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of Tropicaltech or a partner or member or which is prohibited by the Terms of Use.Public use of the web site The Tropicaltech web site contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users Tropicaltech acts as marketing agent only on behalf of the Seller. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; 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 Tropicaltech or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; 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 public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. Tropicaltech will monitor and review the contents of the web site. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of Tropicaltech is in any way objectionable or in violation of any applicable law or the Terms of Use, Tropicaltech has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is Tropicaltech responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the web site are solely their own). The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. Tropicaltech reserves the right to co-operate 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 or submitting for marketing purposes any materials products objects items or otherwise which violate any applicable or relevant law. User licence to Tropicaltech By posting any information or other material for inclusion in and on the web site (including posting messages, uploading files, inputting data, supplying descriptions of products stock or services or engaging in any other form of communication), or by buying products from the web site or reading any descriptive or otherwise written material or information the user grants to Tropicaltech 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, 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted, and 3. Not hold Tropicaltech responsible for any decision whether buying or selling based on material on the web site nor in the case of material products stock or otherwise physical goods and chatels purchased or obtained whether directly or indirectly in regard to either Tropicaltech or the web site but agree that Tropicaltech is simply a marketing medium and all information stock or otherwise aforementioned goods or items are for assistance with good intent and at all times "Caveat Emptor" shall not only be in full force but be agreed by all parties. 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. The user expressly waives in favour of Tropicaltech and any other party authorised by Tropicaltech all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of Tropicaltech and at the expense of the user, the user will execute and deliver to Tropicaltech 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 web site may from time to time contain hyperlinks information and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of Tropicaltech, and Tropicaltech is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. Tropicaltech provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Tropicaltech or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads and/or other advertising material) 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) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by Tropicaltech or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement may contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not necessarily made by Tropicaltech, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. Tropicaltech is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to Tropicaltech's terms of use. Limitation of liability and Disclaimer The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by Tropicaltech of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Tropicaltech 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 either physical written oral or in the form of image is provided "as is" and without warranties of any kind, either express or implied, b) Tropicaltech 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) Tropicaltech does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) Tropicaltech does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, e) the user assumes the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content, and f) the user accepts any stock product item goods chatels or otherwise physical matter or materials as is Tropicaltech does not warrant or make any representation regarding the condition use or otherwise fitness for use or condition of any goods and further the user accepts full cost including legals of any alteration rectification or otherwise and holds Tropicaltech indemnified in full including any costs incurred by Tropicaltech should a spurious action be occasioned. Under no circumstances including but not limited to any act or omission on the part of Tropicaltech will Tropicaltech or its partners or members 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 web site or any content goods stock equipment or otherwise or any information or instruction in regard to the aforesaid. The user expressly acknowledge and agrees that Tropicaltech does not exert control over users of the web site its content or products or information and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Tropicaltech's liability for breach of any implied warranty or condition which cannot be excluded by law is limited at the option of Tropicaltech to the following: in the case of services supplied or offered by Tropicaltech, (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 Tropicaltech, (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. The user expressly acknowledge and agrees that Tropicaltech shall not be held liable by any party for goods or services being marketed on behalf of others and agrees that Tropicaltech in the capacity of marketing agent is reliant on information description and goods supplied by others and that any implied warranty or condition which cannot be excluded by law is to be between the parties involved and Tropicaltech shall not be called upon or required to be a party to any possible future legal action but should Tropicaltech be required by law or statute to attend participate or be otherwise involved all expenses both legal or otherwise of Tropicaltech shall be at the expense of the party initiating such action or liability. Termination The Terms of Use are effective until terminated by Tropicaltech, and Tropicaltech may terminate this agreement and users' access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all Tropicaltech disclaimers and limitations of liability set out in the Terms of Use will survive. Miscellaneous Tropicaltech relies on the user's continued observance of these Terms of Use. If Tropicaltech 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 the user agrees to indemnify Tropicaltech for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws in Queensland, Australia, where Tropicaltech is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland. 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. |
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