Terms and Conditions of Use
As a user of the GAPbuster Worldwide websites (e.g.
'www.gapbuster.com', 'www.xec.gapbuster.com',
'www.gapdynamics.gapbuster.com'), you are bound by the following
Terms and Conditions of Use. Accordingly, you should review them in
relation to all or any part(s) of the website.
Licence
By allowing you to access the websites, GAPbuster
Worldwide grants to you a licence. By accessing the website, you
accept these Terms and Conditions of Use of this licence. Pursuant
to this licence and subject to the absolute right of GAPbuster
Worldwide to vary access to all or any part(s) of the website, you
acquire a non-exclusive right to:
- View the material in the websites
- Access material contained in the websites
- Use the websites strictly in accordance with the provisions of this licence
- Download and use any material contained in the website for a temporary purpose (such as viewing offline).
However, downloading material contained in the websites for
reproduction by you or any other may only be done upon receipt of
prior written consent from GAPbuster Worldwide, and upon payment of
any fee required by GAPbuster Worldwide to be paid by you for that
use.
User
Obligations
You hereby undertake the following obligations:
- To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the websites without the express consent of GAPbuster Worldwide, except as expressly authorised by this licence.
- To ensure your employees, subcontractors and other agents (if any) who have authorised access to the websites is made aware of the Terms and Conditions of Use of this licence.
- To not provide or otherwise make available any material in the websites in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of GAPbuster Worldwide.
- To not use the material in the websites for, or in connection with, a service bureau operation.
Warranties
GAPbuster Worldwide does not warrant that the material in the
websites is accurate, complete, or up to date. The existence of
inaccurate, incomplete, or superseded material in the website will
not cause GAPbuster Worldwide to be in breach of the Terms and
Conditions of Use of this licence.
GAPbuster Worldwide reserves the right to change, add or remove any
material in or from the websites without notice.
GAPbuster Worldwide does not warrant that the functions contained
in the websites or third-party websites will be uninterrupted or
without error, that defects will be corrected, or that electronic
material in the websites and other third-party websites are free of
viruses or other harmful components.
To the extent permitted by law, all implied terms are excluded. If
any statute implies terms into this licence, which cannot be
lawfully excluded, such terms will apply to this licence, save that
the liability of GAPbuster Worldwide for breach of any such implied
term will be limited, at the option of GAPbuster Worldwide, to any
one or more of the following:
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
- The payment of the cost of having the goods repaired or the services performed again.
GAPbuster Worldwide will not be liable for any indirect or
consequential losses arising out of a breach of this licence, or
arising out of the supply of a defective program or incorrect
materials.
When deciding to visit the websites, you acknowledge that you have
exercised your independent judgment and have not relied on any
representation made by GAPbuster Worldwide which has not been
stated expressly in this licence or upon any descriptions or
illustrations or specifications contained in any document including
catalogues or publicity material produced by GAPbuster Worldwide
(which material may be out of date or superseded).
Intellectual Property Rights
You acknowledge that the material in the websites is the
subject of copyright© and that it is the subject of other
intellectual property and legal rights (including third-party
rights).
You must not, during or at any time after the expiry or termination
of this licence, permit any act which infringes any of those rights
and, without limiting the generality of the foregoing, you
specifically acknowledge that you may not copy the material in the
websites, except as otherwise expressly authorised by this
licence.
Trademarks
GAPbuster Worldwide and all associated trademarks are
trademarks of GAPbuster Limited and their related bodies
corporate.
Subscription Services
Subscribers to services of the websites may store in
digital format in computer terminals, databases, or other
repositories material which is supplied in the normal course of a
subscription.
Password access is restricted to a single subscriber. Passwords and
user names must not be distributed to any other person, body or
corporation.
Subscribers must take due care to protect the copyright of
materials from unauthorised use, copying, reproduction, lending,
reselling, manipulation, disassembly, distribution or publication.
In the event that a subscriber breaches this duty, or if it is
found that a subscriber's conduct violates applicable law,
GAPbuster Worldwide may immediately suspend or terminate a
subscriber's subscription without notice.
Indemnity
You must indemnify and keep GAPbuster Worldwide
indemnified fully against all liabilities, damages, claims, losses,
costs and expenses, which GAPbuster Worldwide may incur to a third
party or you as a result of your breach of the provisions of this
licence.
Users are prohibited from placing a link to the websites without
the prior written consent of GAPbuster Worldwide and on terms
satisfactory to GAPbuster Worldwide.
Disclaimer
You accept that GAPbuster Worldwide takes no
responsibility for any error or omission relating to the material
contained in the websites.
You accept that GAPbuster Worldwide makes no undertakings to
provide access to the websites at any particular time, or for any
particular length of time. You agree that GAPbuster Worldwide will
not be held liable for any lapse in the websites accessibility or
any consequences whatsoever that flow from the unavailability of
the websites.
Terms of Licence
This licence commences upon your accessing the websites
and is granted in perpetuity. However, GAPbuster Worldwide may
terminate the licence without notice if you are in breach of any
terms of this licence.
Upon termination, you or your representative must destroy any
copies, electronic and printed, of material obtained from the
websites that you have in your possession or under your control or
otherwise return or dispose of such material in the manner directed
by GAPbuster Worldwide.
Termination pursuant to this clause shall not affect any rights or
remedies, which GAPbuster Worldwide may otherwise have under this
licence or at law.
Amendments to this Licence
These are the current Terms and Conditions of Use of the
licence.
GAPbuster Worldwide may at any time vary and amend these Terms and
Conditions of Use of this licence by publishing the varied Terms
and Conditions of Use on the websites. You accept that by doing
this, GAPbuster Worldwide has provided you with sufficient notice
of the variation and amendment.
It is your responsibility to familiarise yourself with the current
Terms and Conditions of Use each time you visit the websites.
Waiver
Failure or neglect by GAPbuster Worldwide to enforce at
any time any of the provisions of this licence shall not be
construed or deemed to be a waiver of the rights of GAPbuster
Worldwide under this licence.
Jurisdiction
This licence shall be governed by and construed according
to the laws of the state of Victoria, Australia.
Definitions
'GAPbuster Worldwide' means GAPbuster Limited, all of its
related bodies corporate, GAPbuster Worldwide PLC and all of its
related bodies corporate. A related body corporate means a related
body corporate as defined in the Corporations Law of
Australia.
'Hyperlink' means any mechanism of providing a link from one
location on the Internet (or a web page) to another location on the
Internet (or a different web page, or a different location on the
same web page), and includes any mechanism for linking to, or
providing access to, files via the Internet.
'Intellectual Property' means all Intellectual property rights as
defined by Article 2 of the World Intellectual Property
Organisation Convention of 1967, in any inventions, designs,
trademarks, trade names, circuit layouts, plant varieties, business
and domain names, logos and get-up, confidential information,
matter, materials or works accessible on or via the GAPbuster
Worldwide websites.
