Terms of Use
Welcome to the cindytonkin.com website (the "Site"). The Site is operated and owned by Aragon Gray
Pty Ltd (ABN 50 058 095 631).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE.
Your access to and use of the Site is conditional on acceptance
of these Terms and Conditions. By using this Site, you signify your
assent to these Terms and Conditions. If you do not agree to all
of these Terms and Conditions of use, do not use this Site.
Aragon Gray Pty Ltd may revise and update these Terms and
Conditions at any time.
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1. Access |
1.1 In order to use this Site, you need the equipment and connections
necessary to access the World Wide Web. You are responsible for:
(a) the provision of any such connection or access to the World
Wide Web;
(b) the payment of any fees associated with such connection or
access (such as those charged by an Internet service provider or
other online service); and
(c) the provision of all equipment necessary for you to make any
such connection to the World Wide Web, including a computer and
a modem.
1.2 Aragon Gray Pty Ltd reserves the right to deny you
access to, or use of, all or part of the Site, without prior notice,
if you engage in any conduct that Aragon Gray Pty Ltd believes,
in its sole discretion:
(a) violates any term or provision of these Terms and Conditions;
or
(b) violates the rights of Aragon Gray Pty Ltd or third
parties; or
(c) is otherwise inappropriate for continued access and use of
the Site.
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2. System integrity & user conduct
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2.1 You must not use the Site to:
(a) impersonate or otherwise misrepresent your identity or affiliation
with any other person or entity;
(b) send junk, obscene, indecent, defamatory, offensive or threatening
electronic mail or "spam" to people who would not wish to receive
mail from you;
(c) falsify or delete any attributions, legends, or other proprietary
designations of origin or source of any Content of the Site;
(d) conduct, display, or forward surveys, contests, pyramid schemes,
or chain letters;
(e) interfere with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures, policies,
or regulations of networks connected to the Site;
(f) attempt to gain unauthorised access to the Site or computer
systems or networks connected to the Site through any means;
(g) commit forgery (or attempted forgery), harm minors in any way;
stalk or harass any individual;
(h) collect or store personal data about other users, including
e-mail addresses; or
(i) violate any applicable state, Commonwealth or international
law, convention or regulation.
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3. Content & information |
3.1 You accept that any information or material provided on this
Site is general information and not intended to be, or in the nature
of, advice. Aragon Gray Pty Ltd reserves the right to update
any information or material on the Site at any time.
3.2 You should make your own inquiries and seek independent advice
from relevant professionals before acting or relying on any information
or material which is made available to you pursuant to our Site.
(a) The information or material provided on this Site is not intended
to be a substitute for professional legal, financial or accounting
advice.
(b) Always seek the advice of your legal advisor with any questions
you may have regarding a legal or tax question.
(c) Never disregard professional legal, financial or accounting
advice advice or delay in seeking it because of something you have
read on the Aragon Gray Pty Ltd Site
3.3 You agree to use the information or material provided on this
Site for personal and lawful purposes only.
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4. Copyright, trademarks and other
intellectual property |
4.1 The information, text materials, graphics, logos, button icons,
images, video and audio clips, trade marks (whether registered or
not), advertisements, layout, arrangement, graphical user interface,
look and feel, and control features of the Site (the "Content")
is protected by copyright, trade mark and other intellectual property
laws.
4.2 You must not modify, copy, reproduce, republish, frame, upload
to a third party, transmit or distribute in any way the Content
except as expressly provided in these Terms and Conditions or as
permitted by the Copyright Act.
4.3 Aragon Gray Pty Ltd logo and name are the trade marks
of Aragon Gray Pty Ltd, and may not be used as part of your
business or in connection with any goods or services without the
prior written consent of Aragon Gray Pty Ltd.
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5. Restricted use |
5.1 Unless Aragon Gray Pty Ltd agrees otherwise in writing,
you are provided with access to this web site only for your personal,
non-commercial use.
5.2 You are authorised to print a copy of any information contained
on this web site for your personal non-commercial use, unless such
printing is expressly prohibited. Without limiting the foregoing,
you may not without our written permission on-sell information obtained
from this web site.
5.3 Any special rules for the use of certain software and other
items provided on Aragon Gray Pty Ltd Site may be included
elsewhere within the Site and are incorporated into these Terms
and Conditions by reference.
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6. Links & advertising |
6.1 This Site may contain links to third party websites. Those
sites are not under the control of Aragon Gray Pty Ltd and
Aragon Gray Pty Ltd is not responsible for the content or
the privacy practices or the links contained in those sites. Neither
Aragon Gray Pty Ltd nor its officers, directors, employees,
agents, or relate bodies corporate recommend or endorse the content
or privacy practices of any third party sites which may be linked
to or from the Site, or products or services of any third party
organisations mentioned or described on this Site or linked to or
from this Site. You acknowledge that you enter any third party websites
at your own risk.
6.2 The Site may contain advertisements for third parties' goods
and/or services. The third party advertisers are responsible for
the accuracy of all representations made in those advertisements.
Neither Aragon Gray Pty Ltd nor its officers, directors,
employees, agents or related bodies corporate recommend or endorse
the goods or services that may be advertised on the Site, nor do
they offer the goods or services for sale or make any other representation
whatsoever about them. If you choose to order a product or service
advertised by a third party on the Site, you do so at your own risk.
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7. Disclaimer of warranty & limitation of liability |
7.1 SUBJECT ONLY TO 7.2 BELOW:
(a) This Site is provided by Aragon Gray Pty Ltd on an
"as is" basis without any express or implied warranty of any kind;
(b) The World Wide Web exists across open public networks that
are neither secure nor private. Accordingly, you acknowledge and
accept the risk that any communication to or from the Site may be
intercepted, used or modified by third parties.
(c) Aragon Gray Pty Ltd does not warrant that access to
or use of this Site will be uninterrupted or error free or that
the Site or any material on or accessible through the Site is free
from errors or viruses, worms, trojan horses, time bomb, cancelbot
or other harmful components;
(d) Aragon Gray Pty Ltd does not warrant anything about
the reliability, accuracy, completeness, timeliness, suitability,
quality, physical state or for a particular purpose of any material
on or accessible through the Site; The accuracy, reliability, completeness,
currentness, or timeliness of the Content, software, text, graphics,
links, or communications provided on or through the use of the Aragon Gray Pty Ltd Site or Aragon Gray Pty Ltd.
(e) Aragon Gray Pty Ltd may change any of the material
on the Site at any time without notice;
(f) Aragon Gray Pty Ltd makes no commitment to update any
material on the Site;
You are responsible for assessing the accuracy, reliability, suitability
and accuracy of the material on or accessible through the Site;
(g) You accept all risks and responsibility for all loss, damage,
costs and other consequences resulting from using the Site or the
material on or accessible through the Site;
(h) Neither Aragon Gray Pty Ltd nor any of its officers,
directors, employees, agents or related bodies corporate shall be
liable for any loss or damage including without limitation, losses
or damages for loss of profits, business interruption, loss of information,
indirect, special, punitive or consequential losses or damages arising
our of the use or inability to use the material or information available
on or accessible through the Site, even if Aragon Gray Pty Ltd
has been advised of the likelihood of such damages.
7.2 Where the laws of any country or state in which these terms
and conditions are effective implies into these terms and conditions
any term, condition or warranty, and those laws avoid or prohibit
provisions in a contract excluding or modifying them, then the term,
condition or warranty shall be deemed to be included in these terms
and conditions provided that the liability of Aragon Gray Pty Ltd,
its officers, directors, employees, agents and related bodies corporate
for a breach of any such term, condition or warranty, including
any economic or consequential loss which you may sustain shall be
limited, at the option of Aragon Gray Pty Ltd, to:
(a) in the case of services, the supply of the services again,
or the payment of having the services resupplied and
(b) in the case of goods, the replacement or repair of the goods,
the supply of equivalent goods, or the payment of the costs of replacing
or repairing the goods or acquiring equivalent goods.
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8. Indemnification |
8.1 You agree to indemnify, defend, and hold harmless Aragon Gray Pty Ltd, and its officers, directors, shareholders, employees,
consultants, licensors, suppliers, agents, and related bodies corporate
from any and all third-party claims, liability, damages, and costs
(including, but not limited to, reasonable lawyers' fees) arising
from your use of the Site or your failure to comply with these terms
and conditions, or from your violation of any applicable law.
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9. General |
9.1 Aragon Gray Pty Ltd may from time to time amend, update,
or change the Site, including these Terms and Conditions, without
prior notice.
9.2 Aragon Gray Pty Ltd shall not be liable by reason
of the failure in the performance of obligations under the Terms
and Conditions by reason of strikes, riots, fire, explosion, acts
of God, governmental action, or any other cause which is beyond
the reasonable control of Aragon Gray Pty Ltd, including
any form of technological failure or the actions of third parties.
9.3 These Terms and Conditions constitute the entire agreement
between you and Aragon Gray Pty Ltd with respect to this
Site, and the Terms and Conditions replace all prior or contemporaneous
understandings or agreements, written or oral, regarding the Site.
9.4 If any provision of these Terms and Conditions is found to
be invalid or unenforceable, that provision shall be enforced to
the maximum extent possible and will be deemed deleted to the extent
that it is nor enforceable, and the remaining provisions of the
Terms and Conditions shall remain in full force and effect.
9.5 The failure by Aragon Gray Pty Ltd to insist upon
or enforce strict performance of any of these Terms and Conditions
will not be construed as a waiver of any right or remedy of Aragon Gray Pty Ltd in respect of any existing or subsequent
breach of these Terms and Conditions.
9.6 These terms and conditions are governed by the laws in force
in New South Wales, Australia. You agree to submit to the exclusive
jurisdiction of courts of that jurisdiction.
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10. Australia only |
10.1 Aragon Gray Pty Ltd is based in Sydney, Australia.
Aragon Gray Pty Ltd makes no claims that the Content is appropriate
for viewing outside of Australia or may be lawfully downloaded outside
of Australia. Access to the Content may not be legal for certain persons
or in certain countries. If you access the Aragon Gray Pty Ltd
Site from outside Australia, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. |
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