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Andre Slade (OceanFit) ABN 26 938 390 029

OCEANFIT WEBSITE TERMS AND CONDITIONS OF USE

Effective October 2009

This OceanFit Website (“Website”) is owned and operated by Andre Slade (ABN 26 938 390 029) (“the Company”). Your access to the Website is conditional upon your acceptance and compliance with these terms and conditions, the OceanFit Privacy Policy, notices, disclaimers and any other terms and conditions or other statements contained on the Website (known collectively as “Terms of Use”). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. The Company reserves the right to amend the Terms of Use at any time at its sole discretion.

Intellectual property and restrictions on use of Content on the Website

You should assume that all of the content made available to you on this Website, including information, text, material, graphics, photographic images, software and advertisements (“Content”) is the property of the Company and its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content on the Website in any way except as expressly provided for on the Website or expressly authorised in writing by the owner. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

  • Using an industry-standard Web browser, download and view the Content for your personal, informational, non-commercial use; or
  • if you are an Internet service and/or access provider, supply the Content to your subscriber.

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of the Company or any third party or which is prohibited by the Terms of Use.

User licence to the Company

By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to the Company a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

  • Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
  • Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of the Company and any other party authorised by the Company all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of the Company, you will execute and deliver to the Company such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of the Company, and the Company is not responsible for the contents of any linked web or any hyperlink contained in a linked website. The Company provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Company.

The Website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by the Company or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by the Company, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by the Company of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). The Company does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

  • all Content is provided “as is” and without warranties of any kind, either express or implied;
  • the Company and its suppliers and/or licensors expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • the Company does not warrant that the functions contained in the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
  • the Company does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
  • you (and not the Company) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of the Company) will the Company be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that the Company does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, the Company limits its liability in respect of goods and services not of a kind ordinarily acquired for personal, domestic or household use or consumption at the option of the Company to the following:-

  • in the case of services supplied or offered by the Company:-
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again; and
  • in the case of goods supplied or offered by the Company:-
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by the Company, and the Company may terminate this agreement and your access to the Website at any time without notice in its complete discretion. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and all the Company disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks

Any trademarks, trade names or logos displayed on this site are the property of Andre Slade or other third party owners. Nothing contained on the Website should be construed as granting any license or right of use of any trademark, trade name or logo displayed on the Site without the express prior written permission of their respective owner.

Privacy

The privacy of your personal information is important to us. Please view our privacy policy on this Website. Should you have any questions concerning privacy, please see our privacy policy or contact us using the contact form.

General Conditions

This agreement is governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning this agreement. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

These Terms of Use can be modified at any time by the Company and you agree to continue to be bound by the Terms of Use as modified. We will give you notice of these changes by publishing revised Terms of Use on the Website – we will not separately notify you of these changes.

All rights not expressly granted herein are reserved.

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