AGREEMENT BETWEEN USER AND Trans Data Communications
The Trans Data Communications Web Site is comprised of various Web pages operated
by Trans Data Communications.
The Trans Data Communications Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the Trans Data Communications Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Trans Data Communications reserves the right to change the terms, conditions, and
notices under which the Trans Data Communications Web Site is offered, including
but not limited to the charges associated with the use of the Trans Data Communications
Web Site.
LINKS TO THIRD PARTY SITES
The Trans Data Communications Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Trans Data Communications
and Trans Data Communications is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Trans Data Communications is not responsible for webcasting
or any other form of transmission received from any Linked Site. Trans Data Communications
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Trans Data Communications of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Trans Data Communications Web Site, you warrant
to Trans Data Communications that you will not use the Trans Data Communications
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Trans Data Communications Web Site in any manner
which could damage, disable, overburden, or impair the Trans Data Communications
Web Site or interfere with any other party's use and enjoyment of the Trans Data
Communications Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through
the Trans Data Communications Web Sites.
USE OF COMMUNICATION SERVICES
The Trans Data Communications Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you agree
to use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Trans Data Communications has no obligation to monitor the Communication Services.
However, Trans Data Communications reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. Trans
Data Communications reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Trans Data Communications reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Trans Data Communications's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Trans Data Communications
does not control or endorse the content, messages or information found in any Communication
Service and, therefore, Trans Data Communications specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Trans Data Communications
spokespersons, and their views do not necessarily reflect those of Trans Data Communications.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Trans Data Communications OR POSTED AT ANY
Trans Data Communications WEB SITE
Trans Data Communications does not claim ownership of the materials you provide
to Trans Data Communications (including feedback and suggestions) or post, upload,
input or submit to any Trans Data Communications Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Trans Data Communications, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Trans Data Communications is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Trans Data Communications's
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Trans Data Communications WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Trans Data Communications
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Trans Data Communications
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Trans Data Communications WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND
YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Trans Data Communications AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Trans Data Communications
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Trans Data Communications AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Trans Data
Communications AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Trans Data Communications
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Trans Data Communications WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Trans Data Communications WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Trans Data Communications WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Trans Data Communications OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE Trans Data Communications WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Trans Data Communications
WEB SITE.
SERVICE CONTACT : webmaster@transdata.com.au
TERMINATION/ACCESS RESTRICTION
Trans Data Communications reserves the right, in its sole discretion, to terminate
your access to the Trans Data Communications Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of NSW, Australia and
you hereby consent to the exclusive jurisdiction and venue of courts in NSW, Australia.
in all disputes arising out of or relating to the use of the Trans Data Communications
Web Site. Use of the Trans Data Communications Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Trans Data Communications
as a result of this agreement or use of the Trans Data Communications Web Site.
Trans Data Communications's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of Trans Data Communications's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Trans Data Communications
Web Site or information provided to or gathered by Trans Data Communications with
respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Trans Data Communications with respect
to the Trans Data Communications Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and Trans Data Communications with respect to the Trans Data Communications Web
Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Trans Data Communications Web Site are: Copyright 2009 Trans
Data Communications | Website by VABS and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.