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Terms And Conditions

Terms of Use

1. Overview

1.1 The following agreement outlines the terms and conditions which govern your use of our website.

1.2 Prior to becoming a user of our website, you need to read and accept all of the terms and conditions in this agreement and our policies, including our Privacy Policy (Policies). You agree and accept that the Policies, which are subject to change, form part of this agreement. These terms, conditions and Policies are collectively referred to as Website Terms. If you accept this agreement, you agree that you are bound by all of our Website Terms.

1.3 From time to time, we may (at our sole discretion), vary or modify our Website Terms. If we do this, we will post the varied Website Terms on our website. If you access or use our website, this constitutesthat you accept our Website Terms as they appear at that time.

1.4 Unless specifically permitted by the terms of this agreement, the Website Terms you find here cannot be varied except in writing that is signed by you and us.


General Terms and Conditions


The terms and conditions that follow apply to all users of our website.


2. Your obligations


2.1 You must never:

    (a) use our website to send any unsolicited electronic mail messages or spam to anyone;

    (b) use our website for any activities which violate any regulations or laws or infringe any third party rights;

    (c) use anyone's personal information to use or access our website;

    (d) use our website for any misleading or deceptive conduct or fraud;

    (e) transmit any virus, bug or other disabling feature to or through our website; or

    (f) hinder the operation of, tamper with, or make illegal or unauthorised modifications to our website.

2.2 You must not post any content or information on this website which is or is likely to be:

    (a) abusive, obscene, offensive, pornographic or indecent;

    (b) defamatory of any person;

    (c) in breach of the intellectual property rights or moral rights of any person;

    (d) in breach of any obligations of privacy or confidence;

    (e) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;

    (f) in breach of any laws; or

    (g) false, misleading or deceptive.

2.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of this website.


3. Information and Content


3.1 The format and content of our website may be changed by us at any time, without notice, in our absolute discretion.

3.2 Our website contains content and information provided by third parties (Third Party Information). We do not validate Third Party Information, which may not be timely, complete or accurate for your purposes. We do not represent or warrant the timeliness, accuracy, or completeness of Third Party Information, and we do not endorse any Third Party Information.

3.3 Our website contains content and information developed by us (Our Information). You acknowledge and agree that:

    (a) Our information is only intended to provide a summary of the relevant subject matter and its briefness could be misinterpreted;

    (b) while we do what we can to ensure that Our Information is up to date, this is not always possible because internet technology is always evolving; and

    (c) It is possible that Our Information may occasionally contain certain omissions, errors, or outdated information.

3.4 You should not depend on Our Information as your only source of information. You should also not use Our Information instead of advice you are given by qualified professionals. To the extent permitted by law, we do not warrant the timeliness or accuracy of Our Information and we cannot accept responsibility for anyone who acts on Our Information without first consulting us and obtaining specific advice.


4. Security, Viruses and Linking


4.1 We do not guarantee the security of our website. We also do not guarantee that defects will be corrected, that access to our website will be error free or uninterrupted, or that our website or the server that makes our site available are free of bugs or viruses. You recognize that it is up to you to apply virus checks and sufficient procedures to satisfy your own requirements.

4.2 If you leave our site through a third party link, you need to understand that:

    (a) you do this at your own risk;

    (b) the content to which you link has not been produced, checked for accuracy, or reviewed by us; and

    (c) the link does not signify any endorsement by us of the services or products offered on the site that is linked.


5. Intellectual Property


5.1 All intellectual property rights in this website, including any information, software and tools accessed via this website, will remain vested in us.

5.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public this website, or any information, software and tools accessed via this website.


6. Confidentiality and privacy


6.1 Any material or communication that you send to our website by electronic mail or any other means, including any data, comments, suggestions or questions, will be treated as non-confidential, except if any such material or communication or any part of it includes personal information as described in any relevant privacy laws.

6.2 We value your privacy. Our Privacy Policy covers any personal information collected by us from our website users.


7. Our liability


7.1 Subject to any applicable law:

    (a) we do not give any warranties, and you do not have any other rights, aside from those, if any, that are set out in these Website Terms; and

    (b) all implied warranties, conditions, and rights are excluded.

7.2 Without limiting paragraph 7.1, to the extent permitted by law, we do not give any warranty of quality, reliability, merchantability, fitness for purpose or accuracy, nor do we accept any responsibility that arises in connection with any errors or omissions in the software, information or tools offered on or by our website.

7.3 Where any warranty, condition or right is implied by law and cannot be excluded, we limit our liability for breach of that implied warranty, condition or right:

    (a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and

    (b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.

7.4 Subject to paragraphs 7.1 and 7.3, we do not have any liability to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:

    (a) loss of sales, profits, reputation, turnover, anticipated savings, production, business opportunities, goodwill,software, data or customers, whether of a direct, indirect or consequential nature; or

    (b) indirect or consequential loss or damage; suffered by you or anyone else and arising from any violation or other act or omission related to our Website Terms.

7.5 Subject to this paragraph 7, our total and collective liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct damage or lossarising out of any breach or act or omission related to these Website Terms will not surpass the total amount you have paid for use of this website.

7.6 You recognize that we have involved a third party to manage our website on our behalf (Third Party Website Manager) and to the extent of the law, you must not make any claims or start any proceedings against that Third Party Website Manager in relation to your use of our website.


8. Miscellaneous


8.1 Our Website Terms record the whole agreement between you and us and replace all previous understandings, negotiations, agreements and representations related to the subject matter of our Website Terms.

8.2 If you find that any part of our Website Terms is unenforceable, that section must be read down to the extent needed to protect its operation. If it is unable to be read down, it needs to be severed.

8.3 Any delay or failure by us to enforce or exercise these Website Terms does not relinquish our rights to enforce our Website Terms.

8.4 If you have any feedback or questions relating to our website or our Website Terms, please contact us.

© 2008. All rights reserved.

Last updated: [19/09/08]

Manage Your Headache © 2009 - Terms And Conditions. All Rights Reserved.