Terms Of Service
This page states terms and conditions under which Microsavvy Pty Ltd ACN 150103718 (“Microsavvy”) authorises you to use this email, newsletter and web site (this “Agreement”). Please read this page carefully. If you do not accept this Agreement, discard this email or do not use this
newsletter or web site. Microsavvy may revise this Agreement at any time by updating this posting. You agree to review this Agreement periodically so that you are aware of any such modifications, at which time you may either agree to such changes or discontinue the further use of this web site.
Your continued use of this email, newsletter or web site after Microsavvy posts such changes will constitute your agreement to the amended Agreement.
The logo service marks, trademarks, and/or trade dress of Microsavvy and its affiliates are owned exclusively by Microsavvy. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The content (defined below) is protected by copyright laws under both Australian and foreign laws. Unauthorised use of the content may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of same. All Microsavvy content on this web site is subject to and protected by: Copyright © 2014
Microsavvy. ALL RIGHTS RESERVED.
3. Limits on Use
This web site and newsletter is owned and operated by Microsavvy, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services
obtained from this web site or newsletter (“Content”)
4. Disclaimer of Warranties
THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MICROSAVVY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MICROSAVVY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. MICROSAVVY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MICROSAVVY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT CONTAINED IN THIS WEB SITE AND NEWS LETTER FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MICROSAVVY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
5. Disclaimer of Consequential Damages
IN NO EVENT SHALL MICROSAVVY, ITS CONTENT SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY MICROSAVVY WITH THE USE OF THIS NEWSLETTER OR WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS NEWSLETTER OR WEB SITE, OR FOR THE CONTENT OBTAINED THROUGH THIS NEWSLETTER OR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS NEWSLETTER OR WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSAVVY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6. Third Party Content on Site
You acknowledge and agree that this web site and newsletter may contain content provided by other users, content suppliers and other third parties. Microsavvy makes no representations with respect to, nor does it guarantee, warrant or endorse the quality, non-infringement, accuracy,
completeness, timeliness, reliability or correct sequencing of such third party Content or any other Content that such third party content may access. Microsavvy expressly disclaims responsibility and liability for all third party provided content contained or accessible through this web site and
7. Links to Other Sites
This newsletter and web site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Microsavvy of the content on such third party web sites. Microsavvy is not responsible for the content of linked third party web sites and does not make any representations regarding the content or accuracy of any content on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.
8. Limitation of Liability
Unless otherwise expressly provided in a software license or legal notice, the aggregate liability for Microsavvy and its content suppliers to you for all claims arising from the use of the content (including Software) is limited to $100.
You agree to defend, indemnify, and hold harmless Microsavvy, its officers, directors, employees, agents and content suppliers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this
newsletter and web site and the content (including without limitation, software) or your breach of this Agreement. Microsavvy shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
10. Export Control
Australia controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the content (including software) to countries or persons prohibited under the export control laws. By downloading the content (including software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the content.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all content obtained from any and all Microsavvy web sites and newsletters and all related documentation and copies and installations thereof, whether made under the terms and conditions of this Agreement, or otherwise. This Agreement will terminate immediately without notice from Microsavvy if, in Microsavvy’ sole discretion, you fail to comply with any of the Terms and Conditions in this Agreement. Upon termination, you must destroy all content obtained from the web site and newsletters and any and all other Microsavvy web sites and all copies thereof, whether made under the terms and conditions of this Agreement, or otherwise this web site is based in Sydney, New South Wales, Australia. Microsavvy makes no claims that the content is appropriate or may be downloaded outside of the Microsavvy. Access to the content (including software) may not be legal by certain persons or in certain countries. If you access this web site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of New South Wales, Australia Queensland, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Content on particular web pages or newsletters, this Agreement constitutes the entire Agreement between you and Microsavvy with respect to the use of this web site. Microsavvy reserves the right to make changes to this web site and newsletter and to this Agreement at any time without notice.