As a user of the JudsonKoman Website (www.judsonkoman.com.au), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the web site. Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact JudsonKoman on +61 7 3367 1994 prior to using this Website.
Acknowledgment and Acceptance of Terms and Conditions
The JudsonKoman Website (www.judsonkoman.com.au) is owned and operated by JudsonKoman (ABN 31 637 735 849) (“JudsonKoman”). By accessing, browsing or using this Website, you agree to these terms, conditions and disclaimers as amended from time to time (“Terms and Conditions”) and acknowledge that you have read and understood these Terms and Conditions. JudsonKoman may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this Website after any amendment constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.
By allowing you to access the web site, JudsonKoman grants to you the right to:
· View the material in the web site.
· Access material contained in the web site.
If you wish to download and use any material contained in the web site for a temporary purpose (such as viewing offline), you may do so. However, downloading material contained in the web site for reproduction by you may only be done upon receipt of prior written consent from JudsonKoman, and upon payment of any fee required by JudsonKoman to be paid by you for that use.
Acceptable Site Use
You must not use the JudsonKoman Website in any manner or for any purpose, which is unlawful, or in any manner, which violates any right of JudsonKoman or an affiliate or which, is prohibited by the Terms and Conditions. You may not use the JudsonKoman Website in order to transmit, distribute, store or destroy material:
· In violation of any applicable law or regulation,
· In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or That is defamatory, obscene, threatening, abusive or hateful.
Website Security Rules
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
· Accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
· Attempting to probe, scan or test the vulnerability of a system or Website or to breach security or authentication measures without proper authorization,
· Attempting to interfere with service to any user, host or Website, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding’, ‘spamming’, ‘mailbombing’ or ‘crashing’,
· Sending unsolicited e-mail, including promotions and/or advertising of products or services.
JudsonKoman will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Please see JudsonKoman Privacy Statement for further details regarding your Information.
Links to other Websites
This site contains links to Websites maintained by other companies and organizations. JudsonKoman does not make any representation as to the accuracy of information contained on those Websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Websites.
Intellectual Property Rights
You acknowledge that the material in the web site is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights). You must not permit any act that infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the web site, except as otherwise expressly authorized by JudsonKoman.
Review and Comments
JudsonKoman enables visitors to its sites to post reviews of and comments on products and services featured on this Website. If you post reviews or comments on this Website, you grant to JudsonKoman, its related bodies corporate, its directors, officers and employees a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of JudsonKoman and any other person authorized by JudsonKoman all moral and similar rights in any jurisdiction that you have or acquire in respect of such reviews and comments. You also grant to JudsonKoman and its related bodies corporate, directors, officers, employees and sub-licensees the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment. You agree not to post any review or comment that contains any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you agree to indemnify JudsonKokman for any losses, costs, expenses or damages that JudsonKoman may suffer as a result.
JudsonKoman does not represent that any information (including any file) obtained from or through this Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. JudsonKoman will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on JudsonKoman, that liability shall be limited to the cost of re-supplying that information.
Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against JudsonKoman, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction. You hereby agree to indemnify, defend and hold JudsonKoman, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by JudsonKoman, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold JudsonKoman, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of your use of this Website, the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. You and JudsonKoman agree to submit to the exclusive jurisdiction of the courts of the state of Queensland, Australia. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. JudsonKoman’s failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JudsonKoman in writing.
Limitation of Liability
JudsonKoman will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Website or for the cost of procurement of substitute products or services resulting from any products or services purchased or obtained or messages received or transactions entered into through this Website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if JudsonKoman has been advised of the possibility of such damages. Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of JudsonKoman for any breach of such term, condition or warranty shall be limited, at the option of JudsonKoman.
The information contained on this Website is provided by JudsonKoman in good faith on an as is basis. The information is believed to be accurate and current at the date the information was placed on this Website. None of JudsonKoman, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Website. To the fullest extent permitted by applicable law, JudsonKoman disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. JudsonKoman makes no warranty that the Website or any products or services advertised on the Website will meet your requirements, or that the Website will be uninterrupted, timely, secure or error free. No advice or information, whether oral or written, obtained by you from or through this Website creates any warranty not expressly made in these Terms and Conditions. Information on this Website has been prepared in accordance with Australian only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Website, it is not directed at you and cannot be relied upon by you. If you do, you agree to indemnify JudsonKoman for any losses, costs, expenses or damages JudsonKoman may suffer as a consequence.