These terms and conditions apply to the use of
this web site, including the purchase of any Member Services offered over this
web site. In using this web site for these or any other purposes, you agree to
be bound by these terms and conditions. If you do not accept these terms and
conditions, you must refrain from using the web site or Member Services. These
terms and conditions must be read in conjunction with any other applicable terms
and conditions governing the use of the web site and Member Services.
Terminology
In these terms and
conditions, the expressions we, us and our are a reference to Artwork
Media.
Member Service means Artwork Media's online member
service, including but not limited to the proprietary or administration software
provided by us to any Licensee or Member, or any rights of access to our web
site and its products.
Amendments to Terms and Conditions
We
reserve the right to amend these terms and conditions from time to time.
Amendments will be effective immediately upon notification on this web site.
Your continued use of the web site following such notification will represent an
agreement by you to be bound by the terms and conditions as amended.
Grant of Licence
Artwork Media grants to
the member a non-exclusive right during the term of this agreement to use the
Member Services pursuant to the terms and conditions set out herein. Your use of
the Member Services confers no title or ownership in the Member Services. All
ownership rights remain in Artwork Media.
Membership
In order to be able to access
the information offered in the Member Services area, you must become a member.
To become a member, you must complete your registration details in the manner
described on the web site.
We reserve the right to terminate your membership
at any time if you breach these terms and conditions.
You agree to ensure that your registration details
are true and accurate at all times. Specifically, you must notify us of any
change to the registration details as originally supplied.
You agree not to use our products or services for
any unlawful purpose (whether known or not) or in any manner which may infringe
or violate any third parties rights. You further agree that you will not use our
service to transmit or upload any harmful files or unsolicited e-mail
messages.
You agree to use our services in an acceptable
manner where your use is concurrent with the expected usage of our member
services. You further agree not to upload files for distribution via other
electronic means or any other usage that may be considered unfair, deceptive or
illegal.
You agree that you are solely responsible for
complying with any law (whether in existence now or in the future) which may
apply to you or us, which is in any way is connected with the use, or otherwise,
of our products or services.
You must not disclose any user ID, password or
other log in information to any person.
Upon registration, you will be provided with a
password and account designation. You agree to pay for our services in the
manner specified on the web site or any other document that specifies pricing.
Artwork Media reserves the right to adjust any pricing for any of its products
and services. Artwork Media will inform members of such adjustments at which
time the member has the option to terminate their membership as described under
'Termination of Access' within these Terms and Conditions.
Cancellation due to Error
You
acknowledge that despite our reasonable precautions, products offered by us may
be listed at an incorrect price or with incorrect information due to a
typographical error or like oversight. In these circumstances, we reserve the
right to cancel the transaction, notwithstanding that your order has been
confirmed and your credit card has been charged. We reserve this right up until
the time of delivery of supply of the services to you. If a cancellation of this
nature occurs after your credit card has been charged for the purchase, we will
immediately issue a credit to your credit card account for the amount in
question.
Information Service
All information
provided by us pursuant to these terms and conditions is provided in good faith.
You accept that any information provided by us is general information and is not
in the nature of advice. We derive our information from sources which we believe
to beaccurate and up to date as at the date of publication. We nevertheless
reserve the right to update this information at any time. In addition, we do not
make any representation or warranty that the information we provide is reliable,
accurate or complete or that your access to that information will be
uninterrupted, timely or secure. You should make your own enquiries andseek
independent advice from relevant industry professionals before acting or relying
on any information or material which is made available to you pursuant to our
information service.
You agree to use our information service for
lawful purposes only.
Indemnity
You indemnify us and our
related bodies corporate and our respective officers, employees and agents
against all actions, claims and demands (including the cost of defending or
settling any action, claim or demand) on a full indemnity basis, which may be
instituted against us arising out of a failure by you (or by any person using
yourpassword or ID, whether or not youhave authorised that person to use your
password or ID) to comply with these terms and conditions.
Disclaimer
This disclaimer set out in
these terms and conditions does not attempt or purport to exclude liability
arising under statute if, and to the extent, such liability cannot be lawfully
excluded.
We do not accept responsibility for any loss
damage, however caused (including through negligence), which you may directly or
indirectly suffer in connection with your use of your Membership Services or
this web site or any linked web site, nor do we accept any responsibility for
any such loss arising out of your use of or reliance on information contained on
or accessed through this web site.
To the extent permitted by law, any condition or
warranty which would otherwise be implied into these terms and conditions is
hereby excluded. If legislation implies any condition or warranty, and that
legislation prohibits us from excluding or modifying the application of, or our
liability under, any such condition or warranty, that condition or warranty will
be deemed included but our liability will be limited for a breach of that
condition or warranty to one or more of the following: (a) if the breach relates
to goods, (i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods (iii) thepaymentof the cost of replacing the goods
or of acquiring equivalent goods or (iv) the payment of the cost of having the
goods repaired; and (b) if the breach relates to services, (i) the supplying of
the services again or (ii) the payment of the cost of having the services
supplied again; and if item (a) or item (b) is not permitted under applicable
legislation, to the maximum extent permitted by applicable
legislation.
Except in relation to liability for personal
injury (including sickness and death), and except as otherwise stipulated in
these terms and conditions, we will not accept liability to you in respectof any
loss or damage (including indirect,special, or consequential loss or damage)
which may be suffered or incurred by you or which may arise directly or
indirectly in respect of goods or services supplied pursuant to an order placed
on this web site or in respect of any failure or omission on our part to comply
with our obligations as set out in these terms and conditions.
Specific Warnings
You must ensure that
your access to this web site is not illegal or prohibited by laws which apply to
you.
You must take your own precautions to ensure that
the process which you employ for accessing this web site does not expose you to
the risk of viruses, malicious computer code or other forms of interference
which may damage your own computer system. For the removal of doubt, we do not
accept responsibility for any interference or damage to your own computer system
which arises in connection with your use of this web site or any linked web
site.
Whilst we have no reason to believe that any
information containedon this web site is inaccurate, we do not warrant the
accuracy, adequacy or completeness of such information, nor do we undertake to
keep this web site updated. We do not accept responsibility for loss suffered as
a result of reliance by you upon the accuracy or currency of information
contained on this web site.
Responsibility for the content of advertisements
appearing on this web site (including hyperlinks to advertisers' own web sites)
rests solely with the advertisers. The placement of such advertisements does not
constitute a recommendation or endorsement by us of the advertisers' products
and each advertiser is solely responsible for any representations made in
connection with its advertisement.
We make no warranty that goods or services
acquired from us over this web site will meet your requirements.
Details contained on this web site relating to
goods or services have been prepared in accordance with Australian law and
maynot satisfy the laws of any other country. We do not warrant that the details
on this web site concerning those goods or services will satisfy the laws of any
other country. It is your responsibility to determine whether these details
satisfy the laws of the jurisdiction which you reside (if that jurisdiction is
outside Australia) and if the details do not satisfy the laws ofyour
jurisdiction, you may not order any goods or services from this web
site.
You acknowledge that despite all reasonable
precautions on our part, there is a risk of unauthorised access to or alteration
of your transmissions or data or of information contained on your computer
system or on this web site. We do not accept responsibility or liability of any
nature for any such losses which you may sustain as a result of such
activity.
Copyright
Copyright in this web site
(including text, graphics, logos, business names, icons, sound recordings and
software) is owned or licensed by us. Other than for the purposes of, andsubject
to the conditions prescribed under, the Copyright Act 1968 (Cth)and similar
legislation which applies in your location, and except as expressly authorised
by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print,
display, perform, publish or create derivative works from any part of this web
site; or
- commercialise any information, products or
services obtained from any part of this web site;
- without our written permission.
Trade Marks
This web site includes
trade marks which may be the subject of registration applications.
You must not use any of our intellectual property:
- in or as the whole or part of your own trade
marks or business name or company name;
- in connection with activities, products or
services which are not ours;
- in a manner which may be confusing, misleading or
deceptive;
- in a manner that disparages us or our
information, products or services (including this web site);
- you must not authorise or assist any person to do
any of the acts specified above;
By using the member services, you agree that
company Trade Marks may accompany information or services being accessed, viewed
and or sent from our services.
Restricted Use
Unless we agree
otherwise in writing, you are provided with access to this web site only for
your personal use. You are authorised to print a copy of any information
contained on this web site for your personal use, unless such printing is
expressly prohibited. Without limiting the foregoing, you may not without our
written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may
contain links to other web sites (linked web sites). Those links are provided
for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy
practices associated with linked web sites.
Our links with linked web sites should not be
construed as an endorsement, approval or recommendation by us of the owners or
operators of those linked web sites, or of any information, graphics, materials,
products or services referred to or contained on those linked web sites, unless
and to the extent stipulated to the contrary.
Privacy Policy
We undertake to comply
with the terms of our privacy policy which is annexed to these terms and
conditions.
How we handle e-mails
We will preserve
the content of any e-mail you send us if we believe we have the legal
requirement to do so. Your e-mail message content may be monitored by us for
trouble-shooting or maintenance purposes or if any form of e-mail abuse is
suspected.
Security of Information
Unfortunately,
no data transmission over the Internet can be guaranteed as totally secure.
Whilst we strive to protect such information, we do not warrant and cannot
ensure the security of any information which you transmit to us. Accordingly,
any information which you transmit to us is transmitted at your own risk.
Nevertheless, once we receive your transmission, we will take reasonable steps
to preserve the security of such information.
Termination of Access
Access to this
web site and our services may be terminated at any time by us without notice.
Members may terminate his/her or its access at any time by notifying Artwork Media in
writing. Any outstanding fees and charges become immediately payable and will be
calculated at the set rate for the remainder of the current month. Our
disclaimer and indemnity nevertheless survive any such termination.
Governing Law
These terms and
conditions are governed by the laws in force in Victoria. You agree to submit to
the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any
failure to comply with these terms and conditions where such failure is due to
circumstance beyond our reasonable control.
If we waive any rights available to us under these
terms and conditions on one occasion, this does not means that those rights will
automatically be waived on any other occasion.
If any of these terms and conditions are held to
be invalid, unenforceable or illegal for any reason, the remaining terms and
conditions shall nevertheless continue in full force.
By returning to the web site or Member services,
you acknowledge that you have read, understood and accept the above terms of
use.