| Terms of Access to the Website
This Website (referred to in these Terms of Access as the
"Website") is owned and operated by 1300MarryUs
on the World Wide Web ("WWW").
The material on the Website is copyright © 2007 1300MarryUs
and/or other copyright owners.
The Website is available for you to:
(a) Access conditional on your acceptance without alteration
of the terms and conditions set out below/on this linked
page. By continuing to access the Website you are agreeing
to the terms and conditions set out below in Part A.
(b) Provide information about your product or service conditional
on your acceptance without alteration of the terms and conditions
set out below/on this linked page. By continuing to provide
information about your product or service you are agreeing
to the terms and conditions set out below in Part B.
Part A -- Use of material on the Website
A. Except for the limited use set out in para B you may
not use the Website, or the material contained on it, for
any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other
site on the WWW;
(e) "framing" the material on the Website with
other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically
prohibited by these Terms of Access.
B. Notwithstanding the above restrictions on use of the
material on the Website, you may download material from
the Website for your personal non-commercial use provided
you do not remove any copyright and trade mark notices contained
on the material.
C. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
D. 1300MarryUs reserves all intellectual property rights,
including, but not limited to, copyright in material and/or
services provided by it. The material provided on the Website
is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of 1300MarryUs.
Links to other Websites
F. The Website contains links to sites on the WWW owned
and operated by third parties and which are not under the
control of 1300MarryUs.
G. In relation to the other sites on the WWW, which are
linked to the Website, 1300MarryUs:
(a) provides the links to other sites as a convenience
to you and the existence of a link to other sites does not
imply any endorsement by 1300MarryUs of the linked site;
and
(b) is not responsible for the material contained on those
linked sites.
Disclaimer 1
H. 1300MarryUs is making the Website available for others
to publish information without assuming a duty of care to
users. 1300MarryUs is not in the business of providing professional
advice and gives no warranty, guarantee or representation
about the accuracy, reliability or timeliness or otherwise,
of the information contained on the Website and/or linked
sites on the WWW.
I. To the full extent permitted by law 1300MarryUs disclaims
any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise
of any information contained or referred to on the Website
and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose
for any service or product contained or referred to on the
Website and/or on any linked sites.
J. 1300MarryUs will not be liable under any circumstances
for any loss of profits or any damages of any kind recognised
by law (even if it has been advised of the possibility of
such loss of profits or damages) which are the consequence
of you:
(a) acting, or failing to act, on any information contained
on or referred to on the Website and/or any of the linked
Websites; and
(b) using or acquiring, or your inability to use or acquire,
any service or product contained or referred to on the Website
and/or any linked sites.
Disclaimer 2
K. 1300MarryUs does not warrant guarantee or make any representation
that:
(a) the Website, or the server that makes the site available
on the WWW are free of software viruses;
(b) the functions contained in any software contained on
the Website will operate uninterrupted or are error-free;
and
(c) errors and defects in the Website will be corrected.
L. 1300MarryUs is not liable to you for:
(a) errors or omissions in the Website, or linked sites
on the WWW;
(b) delays to, interruptions of or cessation of the services
provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user
of the Website,
whether caused through negligence of 1300MarryUs, its employees
or independent contractors, or through any other cause.
M. You agree to accept the full cost of any necessary repair,
correction and maintenance of any of your computer software
or hardware, which may be necessary as a consequence of
you accessing the Website.
Limitation of liability
N. Disclaimer 1 and/or Disclaimer 2 may not apply to you
in jurisdictions in which limitations on or exclusions of
warranties or liabilities are not permitted by law. To the
full extent permitted by law 1300MarryUs's liability for
any implied warranty or condition is limited, at the choice
of 1300MarryUs, to one or more of the following:
If the breach of an implied warranty or condition relates
to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied
again.
If the breach of an implied warranty or condition relates
to 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 having the goods repaired.
Use of information gathered
O. 1300MarryUs and/or people authorised by it may gather
and process the information:
(a) which you may provide when accessing the Website, such
as your name, address, e-mail address and other personal
information about you; and
(b) regarding the way in which you use the Website including,
without limitation, information acquired through the use
of "cookies" programmed during the accessing of
the Website.
P. 1300MarryUs may authorise others to offer you goods
and services using the information acquired through (a)
and (b) above.
Termination of access
Q. 1300MarryUs may terminate access to the Website at any
time without giving any explanation or justification for
the termination of access, and 1300MarryUs has no liability
for any costs, losses or damages of any kind arising as
a consequence of terminating access to the Website.
Alteration of Terms of Access
R. 1300MarryUs reserves the right to change these Terms
of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification
for such change.
Relevant jurisdiction
S. If any part of this Agreement is found to be void, unlawful,
or unenforceable then that part will be deemed to be severable
from the balance of this Agreement and the severed part
will not affect the validity and enforceability of any remaining
provisions.
T. This Agreement will be governed by and interpreted in
accordance with the law of the State of Queensland, without
giving effect to any principles of conflicts of laws.
U. You agree to the jurisdiction of the courts and to the
laws of the State of Queensland to determine any dispute
arising out of this Agreement.
Part B -- Terms and conditions relating to the providing
of information about your product or service
Uploading information
A. You represent and warrant in relation to any material
and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or
a malicious falsehood in relation to any product, service,
person or corporation;
(c) the material and/or information is not the "passing
off" of any product or service and does not constitute
unfair competition;
(d) the material and/or information does not infringe any
intellectual property right including, but not limited to,
trade marks, service marks or business names (whether registered
or unregistered), confidential information and copyright;
and
(e) the material and/or information does not infringe any
legislation or regulations of the Commonwealth of Australia
and the State of New South Wales including, but not limited
to, the Trade Practices Act 1974 (Cth) and the [Fair Trading
Act 1987 (QLD) and equivalent state and territory legislation]
and any other parliament competent to legislate in relation
to the Website or any law in any country where the material
and/or information is or will be available electronically
to users of this Website.
Licence to use intellectual property
B. By uploading any material which is intellectual property
including, but not limited to, copyrighted works, trademarks
and service marks (the "intellectual property")
on to the Website, you are granting 1300MarryUs a perpetual,
non-exclusive and payment-free licence throughout the world
to:
(a) reproduce, use and exploit the intellectual property,
as part of the Website, to the full extent permitted by
intellectual property law in any jurisdiction in which the
Website is available to users; and
(b) allow 1300MarryUs to sub-licence others the same rights
granted to 1300MarryUs in (a) above.
Removal of information
C. In relation to any material and/or information included
on the Website, 1300MarryUs may remove any material and/or
information, including but not limited to links to other
sites on the WWW, at any time without giving any explanation
or justification for removing the material and/or information.
Limit of liability
D. 1300MarryUs and its respective officers, employees and
agents have no liability for any costs, losses or damages
of any kind, which you may incur, arising whether directly
or indirectly. This applies in relation to or in connection
with any material and/or information supplied in respect
of advertising on this Website; and as a consequence of
removing any material and/or information from this Website.
Indemnity
E. You will at all times indemnify and keep indemnified
1300MarryUs and its respective officers, employees and agents
(in this para 4 referred to as "those indemnified")
from and against any loss (including reasonable legal costs
and expenses) or liability incurred by any of those indemnified
arising from any claim, demand, suit, action or proceeding
by any person against any of those indemnified where such
loss or liability arose out of, in connection with or in
respect of any breach of this Agreement by you; and publication
of or distribution of the material and/or information supplied
by you.
Relevant jurisdiction
F. If any part of this Agreement is found to be void, unlawful,
or unenforceable then that part will be deemed to be severable
from the balance of this Agreement and the severed part
will not affect the validity and enforceability of any remaining
provisions.
G. This Agreement will be governed by and interpreted in
accordance with the law of Queensland without giving effect
to any principles of conflicts of laws.
H. You agree to the jurisdiction of the courts of and to
the laws of the state of Queensland to determine any dispute
arising out of this Agreement.
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