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 may revise and update these Terms and Conditions at any time.

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 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 believes, in its sole discretion:

(a) violates any term or provision of these Terms and Conditions; or

(b) violates the rights of Aragon Gray or third parties; or

2. System integrity & user conduct

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.

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 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 Site

3.3 You agree to use the information or material provided on this Site for personal and lawful purposes only.

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 The Cindy Tonkin logo and name are the trade marks of Aragon Gray , 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 .

5. Restricted use

5.1 Unless Aragon Gray 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 the Aragon Gray site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

6. Links & advertising

6.1 This Site may contain links to third party websites. Those sites are not under the control of Aragon Gray and Aragon Gray is not responsible for the content or the privacy practices or the links contained in those sites. Neither Aragon Gray 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 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.

7. Disclaimer of warranty & limitation of liability

7.1 SUBJECT ONLY TO 7.2 BELOW:

(a) This Site is provided by Aragon Gray 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 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 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 Site or Aragon Gray .

(e) Aragon Gray may change any of the material on the Site at any time without notice;

(f) Aragon Gray 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 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 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 , 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 , 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.

8. Indemnification

8.1 You agree to indemnify, defend, and hold harmless Aragon Gray , 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.

9. General

9.1 Aragon Gray may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.

9.2 Aragon Gray 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 , 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 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 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 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.

10. Australia only

10.1 Aragon Gray is based in Sydney, Australia. Aragon Gray 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 Aragon Gray Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.