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ATI-Mirage Legal Disclaimer
Web
Site Terms and Conditions of Use
| Terms
and Conditions |
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a. |
In these terms and conditions, we or us
means ATI-Mirage.
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b. |
Please read these terms and conditions carefully
as they apply to your use of this Internet site (Site). By using
this Site you agree to be bound by these terms and conditions.
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c. |
We may revise these terms and conditions
from time to time by updating this posting. The revised terms
will take effect when they are posted. |
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| The Content of the Site |
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a. |
The things that you may see, read, hear,
download or access on or via the Site (including but not limited
to messages, files, data, software, images, photographs, illustrations,
text, and other materials), as well as the products, services
and resources described at this Site (collectively, the Content),
are intended for use by persons who wish to find out about ATI-Mirage.
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b. |
ATI-Mirage does not guarantee the accuracy,
currency or adequacy of the Content by virtue of providing access
to or information about such Content at this Site.
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c. |
Solely for the purposes of providing access
to information of potential utility to users of this Site, ATI-Mirage
may include links to allow direct access to such information
and links to Providers' sites or other off site pages or sites
(including without limitation sites linked through advertisements
or through any search engines). ATI-Mirage does not monitor
or review the content of such independently updated websites.
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d. |
The inclusion of such links and the inclusion
of any device or mark to identify or communicate with other
third parties is neither intended nor understood to constitute
any implied or express approval or acceptance of the validity
of the information contained in other third party websites and
is not intended nor should it be understood as a referral to
any third party or an endorsement, or recommendation of ATI-Mirage
of any of the information, products or services, identified
in such websites or supplied by other third parties. |
| Your Use of the Site |
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a. |
You must not: |
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i. |
disrupt or interfere with the Site or servers
or other software, hardware or equipment connected to or via
the Site; |
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violate any Applicable Law relating to your
use of the Site; or |
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iii. |
collect or store personal data about other
users of the Site.
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b. |
In these terms and conditions,
Applicable Law in relation to any person, action or thing means
the following in relation to that person, action or thing: |
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any law, rule or regulation of any country
(or political sub division of a country); |
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any obligation under any licence in any country
(or political sub division of a country); and |
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iii. |
any lawful and binding determination, decision
or direction of a regulator in any country (or political sub
division of a country).
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c. |
During your use of the Site,
we may issue to and request from your computer blocks of data
known as "cookies". By using this Site you authorise
us to issue such cookies to your computer. You must not alter
any cookies sent to your computer from the Site, and you must
ensure that your computer sends correct and accurate cookies
in response to any relevant request from the Site.
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d. |
If you are given Secured Access
to the Site or pages on the Site via a password, you must safeguard
your password and will be responsible for any use of the Site
through such access, whether authorised or not, including, without
limitation, any actions taken; Content added and any transactions
initiated or undertaken through the Site. You acknowledge and
agree that ATI-Mirage has
no responsibility for the security of passwords or information
relating to passwords which are used to access third party sites. |
| The Site |
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a. |
ATI-Mirage endeavours to ensure the Site
is convenient and functional, but we do not guarantee that the
Content will be error free or that the Site or the server that
operates it are free of viruses or other harmful components.
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b. |
If your use of the Site results in the need
for servicing or replacing property, material, equipment or
data, we will not be responsible for such costs.
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c. |
Without limiting the above provisions, everything
on the Site is provided to you "as is" and "as
available" without warranty or condition of any kind, either
expressed or implied, including, but not limited to, any implied
warranties of merchantability, fitness for a particular purpose,
or non-infringement, to the extent permitted by Applicable Law.
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d. |
If a jurisdiction does not allow the exclusion
of implied warranties in accordance with paragraph (c) but allows
limitations of a certain maximum extent then we limit our warranties
to that extent.
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e. |
You acknowledge and agree that the Internet
is an occasionally unreliable medium, that this Site will be
enabled over the Internet, and that this Site may be subject
to occasional outages and interruptions some of which may be
beyond the control of ATI-Mirage. You acknowledge and agree
that ATI-Mirage cannot and does not guarantee that you will
be able to access any third party site, or that any such site
will be free of outages or interruptions. |
| Limitation of Our Liability |
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a. |
To the extent permitted by law,
you agree that in no event will ATI-Mirage be liable to you
or any person in contract, tort (including but not limited to
negligence), under statute or any other basis for any consequential,
special, incidental, indirect, exemplary or punitive damages,
including claims for lost profits, loss of business, loss of
use or lost savings, even if ATI-Mirage has been advised of
the possibility of such damages.
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b. |
You assume the entire risk as
to the use or operation and use of this Site and any Content.
Except if required by Applicable Law, ATI-Mirage specifically
does not warrant that this Site or the Content will meet your
requirements, or that such use or operation will be uninterrupted,
virus free or error free.
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c. |
Nothing in these terms and conditions
has the effect of excluding, restricting or modifying any non
excludable statutory condition, warranty, guarantee, right,
remedy or other benefit that is preserved by the Trade Practices
Act 1974 (Commonwealth) (or any other legislative provision).
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d. |
Where ATI-Mirage is not entitled
to exclude a warranty, condition or term implied by law, and
to the extent permitted by law, ATI-Mirage' liability for breach
of any such warranty, condition or terms in limited to: |
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in the case of services, at the option of
ATI-Mirage, either the re supply of the services or payment
of the cost of having the services re-supplied; and |
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in the case of goods, at the option of ATI-Mirage,
either the re supply of the goods or payment of the cost of
having the goods re-supplied.
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e. |
To the extent permitted by law
our aggregate liability to you, whether for breach of these
terms or in negligence or in any other tort or for any other
common law or statutory cause of action arising in relation
to these terms, the Site or the Content is limited to A$100.
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f. |
If a jurisdiction does not allow
the exclusion or limitation of liability in accordance with
paragraph (a) or (f) but allows a limitation of a certain maximum
extent then our liability is limited to that extent. |
| Intellectual Property Rights |
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a. |
You acknowledge that the Content
on the Site is subject to copyright and possibly other intellectual
property rights.
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b. |
Unless you are expressly authorised
by law you must not yourself, or participate in or permit any
other person, to: |
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i. |
sell, reproduce, distribute, modify, display,
publicly perform, prepare derivative works based on, repost
or otherwise use any of the Content in any way for any public
or commercial purpose without our prior written consent; |
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ii. |
or otherwise infringe the intellectual property
rights of any person in using the Site or any Content.
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c. |
Nothing you do on or in relation
to the Site will transfer any intellectual property rights to
you or licence you to exercise any intellectual property rights
unless this is expressly stated. |
| General Provisions |
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a. |
If any part of this agreement is held to
be unenforceable, the unenforceable part must be given effect
to the greatest extent possible and the remainder will remain
in full force and effect.
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b. |
These terms and conditions are governed by
the laws of Western Australia. You irrevocably submit to the
exclusive jurisdiction of the courts of Western Australia. |
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