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TERMS
OF USE
This Website (referred to in these Terms of Access
as the "Website") is owned and operated
by Directories Group Pty Ltd on the World Wide
Web ("www").
The material on the Website is copyright ©
[2006] [ATOB] and/or other copyright owners.
The Owner is an Australian Company. The pages
on this Website contain information about products
and services available in Australia. Consumers
are advised to check the individual product or
service to determine its availability where you
reside. The prizes, gifts, giveaways and services
are offered to consumers in Australia and nowhere
else. Vouchers or free buisness card give away
vouchers may be cancelled at A Touch of BEauty
(ATOB) discretion at any time if the owners of
ATOB feel it has misused, reproducted or unlawfuly
abotained in any way.
The Website is available
for you to:
1. Access conditional on your acceptance without
alteration of the terms and conditions set out
below. By continuing to access the Website you
are agreeing to the terms and conditions set out
below in Pt A.
Part A - Use of material on the Website
1. Except for the limited use set out in para.
B you may not use the Website, or the material
contained on it, for any purpose. This involves:
1. the reproduction of the material in any material
form;
2. the distribution of the material in any material
form;
3. re-transmission of the material by any medium
to any other site on WWW;
4. "framing" the material on the Website
with other material on any other WWW site.
The above are unlawful in any jurisdiction and
are specifically prohibited by these Terms and
Conditions of Access.
2. Not with standing the above restrictions on
use of the material on the Website, you may download
material from the Website for your personal non-commercial
use provided you do not remove any copyright and
trade mark notices contained on the material.
3. You must not modify or copy:
1. the layout of the Website; and
2. any computer software and code contained in
the Website.
4. The Owner reserves all intellectual property
rights, including, but not limited to, copyright
in material and/or services provided by it, vested
in it or otherwise. The material provided on the
Website is provided for personal use only and
may not be:
1. re-sold and/or re-distributed in any material
form;
2. stored in any storage media; and/or
3. re-transmitted in any media;
without the prior written consent of the Owner.
Links to other Websites
5. The Website contains links to sites on the
WWW owned and operated by third parties and which
are note under the control of the Owner.
6. In relation to the other sites on the WWW,
which are linked to the Website, the Owner:
1. provides the links to other sites as a convenience
to you and the existence of a like to other sites
does not imply any endorsement by the Owner of
the linked site; and
2. is not responsible for the material contained
on those linked sites.
Disclaimer
7. The Owner is making the Website available for
others to publish information without assuming
a duty of care to users. The Owner is not in the
business of providing professional advice and
gives no warranty, guarantee or representation
about the accuracy, reliability or timeliness
or otherwise, of the information contained on
the Website and/or linked sites on the WWW.
8. To the full extent permitted by law the Owner
disclaims any and all warranties, express or implied,
regarding:
1. the accuracy, reliability, timeliness or otherwise
of any information contained or referred to on
the Website and/or of any liked sites; and
2. merchantability or fitness for any particular
purpose for any service or product contained or
referred to on the Website and/or on any linked
sites.
9. The Owner will not be liable under any circumstances
for any loss of profits or any damages of any
kind recognised by law (even if it has been advised
of the possibility of such loss of profits or
damages) which are the consequences of you:
1. acting, or failing to act, on any information
contained on or referred to on the Website and/or
any of the linked Websites; and
2. using or acquiring, or your inability to use
or acquire, any service or product contained or
referred to on the Website and/or any linked sites.
10. The Owner does not warrant guarantee or make
any representation that:
1. the Website, or the server that makes the site
available on the WWW are free of software viruses;
2. the functions contained in any software contained
on the Website will operate uninterrupted or are
error-free; and
3. errors and defects in the Website will be corrected.
11. The Owner is not liable for you for:
1. errors or omissions in the Website, or linked
sites on the WWW;
2. delays to, interruptions of or cessation of
the services provided in the Website, or linked
sites; and
3. defamatory, offensive or illegal conduct or
any user of the Website,
whether caused through negligence of the Owner,
its employees or independent contractors, or through
any other cause.
12. 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.
Limitation of Liability
13. The disclaimers above may not apply to you
in jurisdictions in which limitations on or exclusions
of warranties or liabilities are not permitted
by law. To the full extent permitted by law the
Owner's liability for any implied warranty or
condition is limited, at the choice of the Owner,
to one or more of the following:
If the breach of an implied warranty or condition
relates to services;
1. the supply of the services again; or
2. the payment of the cost of having the services
supplied again.
If the breach of an implied warranty or condition
relates to goods:
1. the replacement of the goods or the supply
of equivalent goods,
2. the repair of such goods;
3. the payment of the cost of replacing the goods
or acquiring equivalent goods, or having the goods
repaired.
Use of information gathered
14. The Owner and/or people authorized by it may
gather and process the information:
1. which you may provide when accessing the Website,
such as your name, address, e-mail address and
other personal information about you; and
2. in such case, the Owner will comply with the
requirement of the Privacy Act 1988 (Cth); or
3. regarding the way in which you use the Website
including, without limitation, information acquired
through the use of "cookies" programmed
during the accessing of the Website.
15. The Owner may authorise others to offer you
goods and services using the information acquired
through (a) and (b) above, but only in accordance
with the Privacy Act 1988 (Cth) and the Owner's
Privacy Policy.
Termination of access
16. The Owner may terminate access to the Website
at any time without giving any explanation or
justification for the termination of access, and
the Owner has no liability for any costs, losses
or damages of any kind arising as a consequence
of terminating access to the Website.
Alteration of Terms and Conditions of Access
17. The Owner reserves the right to change these
Terms of Access:
1. With or without further notice to you; and
2. Without giving you any explanation or justification
for such change.
Relevant jurisdiction
18. If any part of this Agreement is found to
be void, unlawful, or unenforceable then that
part will be deemed to be severable from the balance
of this Agreement and the severed part will not
effect the validity and enforceability of any
remaining provisions.
19. This Agreement will be governed by and interpreted
in accordance with the law of Australian Capital
Territory, Australia, without giving effect to
any principles of conflicts of laws.
20. You agree to the jurisdiction of the Courts
of Australian Capital Territory to determine any
dispute arising out of this Agreement.
Prizes, gifts and giveaway
items
U. Subject to any specific terms and/or conditions
that are displayed with the prize, gifts and giveaways
at the time they are offered, displayed or advertised,
when prizes, gifts or giveaway items or the like
are offered, displayed or advertised on our Website,
we reserve the right, to full extent permitted
by law:
1. Withdrawal of offer
- withdraw the offer of the prize/s at any time
prior to the time the recipient/s of the prize
are to be drawn or otherwise determined, without
notice to you, in the event that we are, for any
reason, unable to supply the prize/s; and
2. 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 has been advised
of the possibility of such loss of profits or
damages) as consequence of the withdrawal of the
prize/s;
3. Unable to supply item
- in the event that we are unable to supply the
exact prize/s displayed after the recipient/s
is/are drawn or otherwise determined, to supply
in its/their place an alternative item/s of a
similar nature and value; and
4. The supply of the alternative item/s will be
in complete satisfaction of the Owners obligation
to the recipient/s in respect of the prize/s,
to the extent permitted by law; and
5. 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 has been advised
of the possibility of such loss of profits or
damages) as consequence of the supply of the alternative
item/s;
6. Unable to supply exact
item - In the event that we are unable
to supply the exact gift/s and/or giveaway item/s
displayed to you for any reason, to supply in
it/their place an alternative items/s of a similar
nature and value; and
7. the supply of the alternative item/s will be
in complete satisfaction of the Owners obligation
to the recipient/s in respect of the gift/s and/or
giveaway items/s, to the extent permitted by law;
and
8. 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 has been advised
of the possibility of such loss of profits or
damages) as consequence of the supply of the alternative
item/s.
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