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This web
site calderactiongroup.com.au is operated by the Calder Action Group
Inc (A0052911E)("we" or "The Calder Action Group"). Your access to and
use of www.calderactiongroup.com.au is subject to these terms and
conditions, the Calder Action Group Privacy Statement, the Calder Action
Group Copyright and any other terms contained on this web site ("Terms
and Conditions of Use"). Subscriptions made from The Calder Action Group
website will be via a security credential, which could include a
username and password, a digital certificate or other secure technology.
1. What you must do
1.1 You are undertaking to use the www.calderactiongroup.com.au
web site in a responsible manner in accordance with these Terms and
Conditions of Use.
2. What you
must not do
2.1 You must not:
(a) use www.calderactiongroup.com.au for any activities which
includes but is not limited to posting or transmitting to or via
www.calderactiongroup.com.au any information or materials which breach
any laws or regulations, infringe a third party's rights, or are
contrary to any relevant standards or codes;
(b) use
www.calderactiongroup.com.au in a way to post to or transmit to or via
www.calderactiongroup.com.au any material which interferes with other
users or defames, harasses, threatens, menaces, offends or restricts any
person or which inhibits any other user from using or enjoying
www.calderactiongroup.com.au or its offerings;
(c) use
www.calderactiongroup.com.au to send unsolicited electronic mail
messages to anyone;
(d) make any fraudulent,
defamatory, libellous, false or speculative enquiries, bookings,
reservations, comments or requests using www.calderactiongroup.com.au;
(e) use another's name, username or password without
permission;
(f) post, or transmit via
www.calderactiongroup.com.au any obscene, indecent, inflammatory or
pornographic material or material that could give rise to civil or
criminal proceedings;
(g) tamper with, hinder the
operation of or make unauthorised modifications to
www.calderactiongroup.com.au;
(h) knowingly
transmit any virus or other disabling feature to
www.calderactiongroup.com.au; and
(I) attempt
any of the above acts or permit another person to do any of the above
acts.
3. Third Party Content
3.1 Some of the internet domain name or URL links provided on
www.calderactiongroup.com.au may be products, services and information
services of third parties.
3.2 The third
party products, services and information services are not provided or
endorsed by us and your legal relationship is with the third party
supplier.
3.3 We have not checked the
accuracy or completeness of the information services or the suitability
or quality of the products and services of the third parties.
4. Prices of subscriptions
are subject to change
4.1 All
subscription prices displayed or offered on www.calderactiongroup.com.au
are subject to change without notice.
5. Security
5.1 The Calder Action Group does not guarantee:
(a) the security of any systems (including the Internet and
website visitors hardware and software) used in accessing the
www.calderactiongroup.com.au web site, or any information passed through
such systems; or,
(b) access to the
www.calderactiongroup.com.au or any systems used in accessing the
www.calderactiongroup.com.au web site will be continuous or virus or
error free.
6. Privacy
6.1 You acknowledge that under these Terms and Conditions of
Use, the Calder Action Group may provide personal information about you
as part of which is the subject of privacy laws. The Calder Action Group
will comply with its Privacy Statement located on the
www.calderactiongroup.com.au web site in dealing with any information
collected by the Calder Action Group.
7. Customer
Contact
7.1 You acknowledge that
where it is required for the Calder Action Group to email you, the
following will apply:
(a) The Calder Action Group
will address and send emails to you to the email address provided by
you; you are solely responsible for ensuring that your contact details
are current (including email address), your email service is operational
and that you check your emails regularly;
(b) if The
Calder Action Group sends an email to your current email address as
listed in your contact details, you are deemed to have received that
email and the Calder Action Group is not obliged to take any further
action to confirm that you have received, opened and/or read the email
or attachment unless you promptly notify the Calder Action Group and
demonstrate that the email was not delivered to your email address;
(c) if The Calder Action Group receives an automated email
non-delivery notification indicating you have not received the email
that the Calder Action Group has sent you containing or regarding an
order for a service or product, The Calder Action Group will use
reasonable endeavours to attempt to contact you using the other contact
details that you submitted with your contact details, including
non-electronic means, but does not guarantee that the Calder Action
Group will be able to contact you; and
(d) The
Calder Action Group may contact you via any contact means provided by
you if your subscritpion is incomplete or needs further explanation.
8. Indemnity
8.1 You indemnify all of us including our committee members,
officers, employees, agents and related bodies from and against all
actions, claims, suits, demands, damages, liabilities, costs or expenses
arising out of or in any way connected to the use of
www.calderactiongroup.com.au by you or someone using your name.
9. Disclaimer and limitation
of liability
9.1 To the extent permitted
by law, neither we nor any of our officers, employees, agents or related
bodies corporate will be liable in any way (including for negligence)
for any loss, damage, costs or expenses suffered by you or claims made
against you through the use of www.calderactiongroup.com.au, any failure
to provide www.calderactiongroup.com.au or in connection with any,
services or information supplied, offered to be supplied or described
via www.calderactiongroup.com.au.
9.2 To the
extent permitted by law, all warranties, conditions and representations
about www.calderactiongroup.com.au, the availability of
www.calderactiongroup.com.au for access and use, subscriptions and
information services provided are excluded. If a term is implied by law
into these Terms and Conditions of Use and the law prohibits provisions
in a contract excluding or modifying liability under that term, then it
will be included in these Terms and Conditions of Use. However, our
liability for breach of such term will be limited, at our option, to one
or more of the following (a) in relation to subscriptions: (ii) the
payment of the cost of having the subscription services supplied again.
9.3 You acknowledge that you have not relied on any
representation made by the Calder Action Group which has not been stated
expressly in these Terms and Conditions of Use. The Calder Action Group
may change these Terms and Conditions of Use and any other information,
including prices, at any time and your subsequent use in accordance
with the Terms and Conditions of Use. Without limiting the Calder Action
Group' ability to give notice by any other means, the member or public
visitor will be deemed to have:
a. received
adequate notice of such changes where the Calder Action Group places a
notice on the www.calderactiongroup.com.au website setting out such
changes; and
b. agreed to such changes the
next time they use the www.calderactiongroup.com.au web site after
publication of the relevant notice on the www.calderactiongroup.com.au
web site.
10. Goods and Services Tax
(GST)
10.1 If GST is imposed on any
supply made by us through www.calderactiongroup.com.au, you must pay to
us, in addition to any amount payable, an additional amount for the
supply calculated by multiplying the prevailing GST rate. Any amount
payable by you is payable on demand by us, whether such demand is made
by an invoice or otherwise.
11. Changes
11.1 We may vary any of these Terms and Conditions of Use at
any time and any other information, at any time and your subsequent
access to www.calderactiongroup.com.au will be governed by the varied
Terms and Conditions of Use. Without limiting the Calder Action Group'
ability to give notice by any other means, you will be deemed to have:
a) received adequate notice of such changes where the Calder
Action Group places the changed Terms and Conditions of Use on the
www.calderactiongroup.com.au web site; and
b) accepted
the changes to these Terms and Conditions of Use and agreed to be bound
by the revised Terms and Conditions of Use if you continue to access the
www.calderactiongroup.com.au web site after the date that notification
of change is posted.
12. General
Matters
12.1 this agreement is
governed by the law in force in the State of Victoria, Australia, and
the parties irrevocably submit to the non-exclusive jurisdiction of the
courts of Victoria, Australia and courts of appeal from them for
determining any dispute concerning this agreement.
12.2 If any of these Terms and Conditions of Use is invalid or
unenforceable, it will be struck out and the remaining terms will remain
in force.
12.3 If we do not act in
relation to a breach by you of these Terms and Conditions of Use, this
does not waive our right to act with respect to subsequent or similar
breaches.
12.4 You may not assign or
transfer your rights or benefits under these Terms and Conditions of Use
to any other person or entity without the prior written consent of the
Calder Action Group.
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