WEBSITE TERMS & CONDITIONS OF USE
(A) Tampering with, reverse-engineering, or hacking our servers.
(B) Modifying, disabling, or compromising the performance Graphics etal. or other GRAPHICS ET AL. PTY LTD services.
(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
(D)Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by GRAPHICS ET AL. PTY LTD.
(i)you are not of legal age to form a binding contract with GRAPHICS ET AL. PTY LTD; or
(ii)you are a person barred from receiving the Services under the laws ofAustralia or other countries including the country in which you are resident or from which you use the Services
GRAPHICS ET AL. PTY LTD will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of GRAPHICS ET AL. PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member(the 'Refund').
(i)use the Website pursuant to the Terms;
(ii)copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii)print pages from the Website for your own personal and non-commercial use.
(i)business name, trading name, domain name, trade mark, industrial design,patent, registered design or copyright, or
(ii)a right to use or exploit a business name, trading name, domain name,trade mark or industrial design, or
(iii)a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii)GRAPHICS ET AL. PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to good will arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services),whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.
(i)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii)the accuracy, suitability or currency of any information on the Website, theServices, or any of its Services related products (including third party material and advertisements on the Website);
(iii)costs incurred as a result of you using the Website, the Services or any of the products of GRAPHICS ET AL. PTY LTD; and
(iv)the Services or operation in respect to links which are provided for your convenience
(i)not renewing the Subscription prior to the end of the Subscription Period;
(ii)providing GRAPHICS ET AL. PTY LTD with 10 working days’ notice of your intention to terminate; and
(iii)closing your accounts for all of the services which you use, where GRAPHICS ET AL. PTY LTD has made this option available to you.
(i)you do not renew the Subscription at the end of the Subscription Period;
(ii)you have breached any provision of the Terms or intend to breach any provision;
(iii)GRAPHICS ET AL. PTY LTD is required to do so by law;
(iv)the provision of the Services to you by GRAPHICS ET AL. PTY LTD is, in the opinion of GRAPHICS ET AL. PTY LTD, no longer commercially viable.
You agree to indemnify GRAPHICS ET AL. PTY LTD, its affiliates, employees, agents,contributors, third party content providers and licensors from and against:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms('Parties') must:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible,must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5 Termination of Mediation::
If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute hasnot been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.