PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MUST NOT ACCESS OR USE THIS WEBSITE.
1. About these Terms of Use
This website www.gpsupport.com.au (“Website”) is operated by GPsupport ABN 72 130 946 735 (“we”, “us” or “our”). These terms of use (“Terms of Use”) constitute a legally binding agreement between you and us which applies to all matters arising out of, or in connection with, this Website including, without limitation, all information, documents, files, text, logos, graphics, images, photographs, videos, material, software and other content (“Content”) available on this Website. In these Terms of Use, a reference to this Website includes the Content unless otherwise stated.
2. Using this Website
When using this Website you must at all times comply with these Terms of Use, any directions given by us and all applicable laws. These Terms of Use include our Privacy Policy and any other terms and conditions or policies which appear on this Website. In the event of a conflict between the provisions of these Terms of Use and any such other terms and conditions or policies then these Terms of Use will prevail to the extent of the inconsistency. In these Terms of Use, the meaning of general words is not limited by specific examples introduced by including, for example, or similar expressions.
3. Website Content
You agree that: (i) the Content is general in nature and made available to you for information purposes only unless otherwise stated on this Website; (ii) the Content is not intended to be relied upon as advice for any particular purpose; (iii) you use any Content solely at your own risk; and (iv) the Content may be changed, modified, altered, removed or updated at any time without notice to you. You may request us to provide you with advice which applies in your specific circumstances. Although we seek to ensure that the Content is accurate, complete and up-to-date, we do not make any representation or give any warranty in respect of the Content including, without limitation, any representation or warranty that the Content is accurate, complete or up-to-date.
4. Prohibited use of Website Content
You must not: (i) copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in any form or by any means any Content except to the extent expressly permitted by these Terms of Use; (ii) interfere with, impair or disrupt the use of this Website by any other user; (iii) interfere with, impair or breach any security or authentication measures of this Website; (iv) use data mining, screen scraping or any similar technologies to extract data from this Website without our prior written approval; (v) access or use this Website to distribute any virus or other harmful code; (vi) access or use this Website to engage in any fraudulent or illegal activity or any other activity that we determine in our sole discretion to be inappropriate or unsuitable; (vii) use any of the Content for any commercial purpose without our prior written approval except to the extent expressly permitted by these Terms of Use; (viii) access or use this Website for any purpose that may damage or adversely affect our business interests including, without limitation, for the purpose of operating a business which competes with our business or soliciting users to use any service or product which competes with any of our services or products; (ix) access or use this Website in any way that may damage or adversely affect our reputation or goodwill or the reputation or goodwill of other users of this Website; (x) access or use this Website in breach of any applicable law; or (xi) access or use this Website otherwise than strictly in accordance with these Terms of Use.
5. Personal information handling
By providing us with your personal information you consent to us collecting, holding, using and disclosing it in accordance with our Privacy Policy. You must not provide us with any personal information about another person for any purpose unless you have obtained the person’s express consent and notified the person of the details required by all applicable privacy laws.
6. Ownership of intellectual property rights
We are the owner or licensee of all intellectual property rights (including, without limitation, all copyright and trade mark rights) in this Website. If you download or print any Content then you must ensure that it is appropriately attributed to us unless otherwise stated on this Website.
7. Suggestions, ideas and feedback
You grant us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, unconditional licence (including the right to sub-licence) to exercise all intellectual property rights in any suggestions, ideas, or feedback which you provide to us in connection with this Website or our business.
8. Links to this Website
You may link to this Website provided that the link accurately indicates that it is to this Website and we have not requested you to remove the link. We may in our sole discretion determine that any link to this Website is misleading or otherwise inappropriate and request you to remove the link. If you do not immediately comply with a request by us to remove a link to this Website then you must indemnify us against all costs, charges and expenses (including, without limitation, legal costs on a full indemnity basis) that we incur in having the link removed.
9. Links to external websites
We have no responsibility for any third party websites or content linked to from this Website. You use any third party websites or content linked to from this Website solely at your own risk and subject to the terms and conditions of the third party. We do not endorse or sponsor any third party website or content by reason only of providing a link from this Website. We may at any time remove a link to any third party website or content linked to from this Website.
10. Disclaimer
You use this Website at your own risk on an “as is” and “as available” basis. We do not give any representation, warranty or guarantee in respect of this Website including, without limitation, any representation, warranty or guarantee regarding the availability, reliability, quality, accuracy, completeness, currency, or suitability of this Website or that this Website will be free from viruses or other harmful code.
11. Exclusion of implied terms
To the full extent permitted by law, we expressly exclude any condition, representation or warranty which would otherwise be implied (whether by law or otherwise) in these Terms of Use including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of any third party’s rights. Where any condition, warranty or representation is implied (whether by law or otherwise) in these Terms of Use which cannot lawfully be excluded then our liability for any breach of such condition, warranty or representation will be limited to the full extent permitted by law.
12. Exclusion of liability
To the full extent permitted by law, we will have no liability (whether in contract, in tort, under statute or in any other way and whether due to negligence or any other cause) to you for or in respect of any claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, consequential, special or indirect losses, damages, costs, charges, expenses or liabilities) directly or indirectly arising out of, or in connection with, your access or use, inability to access or use, or your reliance on this Website.
13. Indemnity
You irrevocably and unconditionally agree to indemnify and release us from all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses and liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with: (i) any breach by you of these Terms of Use; or (ii) your access or use, inability to access or use, or your reliance on this Website. You agree that it is not necessary for us to incur any cost or expense or make any payment before enforcing a right of indemnity under these Terms of Use.
14. Termination, suspension and restriction
We may at any time terminate, suspend or restrict your use of this Website without notice for any reason including, without limitation, if you breach any of these Terms of Use. If your use of this Website is terminated, suspended or restricted for any reason then any provisions of these Terms of Use which are capable of having effect after such termination, suspension or restriction will survive and remain in full force and effect following such termination, suspension or restriction. The termination, suspension or restriction of your use of this Website for any reason does not extinguish or otherwise affect any of our accrued rights or remedies under these Terms of Use.
15. Entire agreement and amendments
These Terms of Use constitute the entire agreement between you and us in connection with their subject matter. We may in our sole discretion amend these Terms of Use at any time by making available updated Terms of Use on this Website. You will be deemed to have agreed to be bound by such updated Terms of Use by continuing to access or use this Website after such updated Terms of Use have been made available. You are responsible for regularly reviewing the current Terms of Use which are available on this Website each time before using it. If at any time you do not agree to these current Terms of Use then you must immediately cease accessing and using this Website.
16. Assignment and transfer
You may not assign or otherwise transfer any of your rights or obligations under these Terms of Use. We may at any time by notifying you: (i) assign or otherwise transfer our rights and obligations under these Terms of Use to a related body corporate within the meaning of the Corporations Act 2001 (Cth) or a purchaser of all or part of our business or assets; and (ii) provide to that related body corporate or purchaser respectively all Content which you have provided to us in connection with this Website including, without limitation, any personal information.
17. Waiver and severability
Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy. If any provision of these Terms of Use is determined to be illegal, invalid or unenforceable in whole or in part under any law then the whole or part of the provision will be severed to the extent that it is illegal, invalid or unenforceable and replaced with a provision (or part of a provision) that is legal, valid and enforceable and to the extent possible has a similar effect for the purposes of these Terms of Use without affecting the validity of the other provisions.
18. Governing law and jurisdiction
These Terms of Use are governed by, and to be construed in accordance with, the laws of the State of Victoria, Australia. The courts of the State of Victoria, Australia will have exclusive jurisdiction in respect of any dispute arising out of, or in connection with, these Terms of Use.
These Terms of Use are effective as of May 15th 2020