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In these terms and conditions, "we", "us"
and "our" means Lacima Group Pty Limited (ABN 54 097
353 994). Please read these terms and conditions carefully as
they apply to your use of our web pages, website and any associated
materials or content (the “Website”). Certain parts
of these terms and conditions also apply to any goods or services
(including books and training courses) that we make available
via our website (“Associated Goods and Services”).
By using the Website or purchasing any Associated Goods and Services
you agree to be bound by these terms and conditions. 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.
Registration
You may be required to register with us in order to access certain
parts of the Website. Where you are required to register:
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| (a) |
you must provide us with accurate, complete
and updated registration information; |
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| (b) |
you must safeguard any user name and password which we provide
to you; |
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| (c) |
you authorise us to assume that any person using the Website
with your user name and password is either you or is authorised
to act for you; |
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| (d) |
you agree to immediately notify us of any unauthorised use
of your user name and password; and |
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| (e) |
we may cancel your registration in our sole discretion without
notice if you do not visit the Website for an extended period
of time, if you breach any of these terms and conditions or
any applicable law or if we believe that your conduct impacts
on our name or reputation or violates our rights or those
of another party. |
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Licence to use the content on the Website
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| (a) |
You acknowledge that the Website
is subject to copyright and possibly other intellectual property
rights. |
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| (b) |
We grant you a limited, non-transferable
licence to access and use the Website solely for your personal,
non-commercial purposes and only for these purposes. |
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| (c) |
We (or our licensors) retain all right,
title, and interest in and to the Website, and nothing you
do on or in relation to the Website will transfer any intellectual
property rights to you or, except for the licence referred
to in paragraph (b), licence you to exercise any intellectual
property rights unless this is expressly stated. |
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| (d) |
Except as provided in these terms and conditions,
permission to reprint or electronically reproduce the Website
in whole or in part for any other purpose is expressly prohibited,
unless prior written consent is obtained from us. |
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| (e) |
Subject to applicable law, we may revoke
the permission referred to in paragraphs (b) and (d) at any
time and may suspend or deny, in our sole discretion, your
access to all or any portion of the Website without notice. |
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Use of the Website is at your own risk
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| (a) |
You use the Website at your
risk. You must evaluate and bear all risks associated with
the use of the Website, including reliance on the accuracy,
completeness or usefulness of any material or content forming
part of the Website. In particular: |
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(i) |
we endeavour to provide a convenient and
functional Website, but we do not guarantee that that your
requirements will be met or that your use of the Website will
be uninterrupted, error free or that the Website or the server
that operates the Website is free of viruses or other harmful
components; and |
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(ii) |
while we attempt to keep information
on the Website current and accurate, we do not make any warranties
or representations about the currency and accuracy of any
information on the Website. |
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| (b) |
If your use of the Website 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,
to the extent permitted by law, everything on the Website
and all of the Associated Goods and Services are provided
to you “as is” and “as available”
without warranty or condition of any kind, either expressed
or implied, including any implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. We
exclude all representations, warranties and conditions to
the fullest extent permissible under applicable law. |
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| (d) |
Nothing in these terms and conditions
excludes, restricts or modifies any representation, warranty,
condition, right or remedy implied or imposed by any statute
or regulation which cannot lawfully be excluded, restricted
or modified. |
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Limitation of liability
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| (a) |
To the maximum extent permitted by law: |
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(i) |
we will not be liable for any incidental, consequential
or indirect damages, loss or corruption of data, loss of profits,
goodwill, bargain or opportunity, loss of anticipated savings
or any other similar or analogous loss under or relating to
these terms and conditions or their subject matter (including
the Website and any Associated Goods and Services), whether
based on warranty, contract, tort, negligence, in equity or
any other legal theory, and whether or not we know of the
possibility of such damage; and |
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(ii) |
if any representation, warranty or condition
is implied into these terms and conditions and cannot be excluded,
and we are able to limit you remedy for a breach of that representation,
warranty or condition, then our liability to you for breach
of the representation, warranty or condition is limited to
one or more of the following at our option: |
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(A) |
in the case of goods: (A) the replacement of the goods
or the supply of equivalent goods; (B) the repair of such
goods; (C) the payment of the cost of replacing the goods
or acquiring equivalent goods; or (D) the payment of the cost
of having the goods repaired; and |
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(B) |
in the case of services: (A) the supply of
the services again; or (B) the payment of the cost of having
services supplied again. |
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| (b) |
Subject to our obligations under any implied
representations, warranties and conditions referred to in
paragraph (a)(ii), our maximum aggregate liability for all
claims under or relating to these terms and conditions or
their subject matter (including the Website and any Associated
Goods and Services), whether in contract, tort (including
negligence), in equity, under statute, under an indemnity
or on any other basis, is limited to A$100. |
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Variation of the Website
We may, in our sole discretion and without notice, vary, modify
or discontinue, temporarily or permanently, any or all of the
Website and you agree that we are not liable to you for such variation,
modification or discontinuance.
Links and advertisements
We have not reviewed all of the sites linked to the Website and
are not responsible for the content or accuracy of any off-site
pages or any other sites linked to the Website. The inclusion
of any link does not imply that we endorse the linked site, and
you use the links at your own risk.
General
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| (a) |
If any part of these terms and conditions is
held to be unenforceable, the unenforceable part is to 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 New
South Wales, Australia, and you irrevocably submit to the
exclusive jurisdiction of the courts of New South Wales, Australia. |
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| (c) |
These terms and conditions constitute the entire agreement
between us and you in relation to the Website and supersede
all other (prior or contemporaneous) communications or displays
whether electronic, oral, or written, between us and you in
relation to the Website. |
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| (d) |
Your use of the Website is conducted electronically and
you agree that we may communicate with you electronically
for all aspects of your use of the Website, including sending
you electronic notices. |
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| (e) |
The provisions of these terms and conditions which by their
nature survive termination or expiry of these terms and conditions
will survive cancellation of your registration or termination
or expiry of these terms and conditions. |
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| (f) |
The term “including” when used in these terms
and conditions is not a term of limitation. |
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