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Website Terms and Conditions
4thbeach Software Pty Ltd ("4thbeach")
- All material on the site is protected by copyright unless
otherwise specifically noted and may not be used except as
permitted in these Terms and Conditions or in the text on the
site.
- Your use of the site is at your risk. 4thbeach makes no
warranties or representations as to its accuracy and, to the
extent permitted by law, 4thbeach specifically disclaims any
liability or responsibility for any errors or omissions in the
content on the site. Neither 4thbeach nor any other party
involved in creating, producing, or delivering the site is
liable for any direct, incidental, consequential, indirect, or
punitive damages arising out of your access to, or use of, or
inability to use or access, the site whether due to a breach of
contract, breach of warranty, negligence, or otherwise.. Without
limiting the foregoing, everything on the site is provided to
you "AS IS" and, to the extent permitted by law, is
provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. To the fullest extent permitted by law,
4thbeach's liability for breach of implied warranties,
conditions or undertakings which cannot be excluded is limited,
at 4thbeach's option, to:
- in the case of goods: (i) the replacement of the goods or the
supply of equivalent goods; (ii) the repair of such goods; (iii)
the payment of the cost of replacing the goods or of acquiring
equivalent goods; or (iv) the payment of the cost of having the
goods repaired; and
- in the case of services: (i) the supply of the services again;
or (ii) the payment of the cost of having the services supplied
again.
- Features and specifications of products described or depicted
on the Site, or available for purchase through the Site,
including, without limitation, prices of products or services
displayed on the Site and delivery or other charges are subject
to change at any time without notice. Non-metric weights and
measures are approximate.
- 4thbeach assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use
of, or browsing in the Site or your downloading of any
materials, data, text, images, video, or audio from the site.
4thbeach also assumes no responsibility, and shall not be liable
for any interruptions or errors in access to the site or the
accuracy, timeliness, completeness, security or reliability of
any communications (including, without limitation, any
transactions) made through or in relation to the site.
- Materials displayed on the Site are either the property of, or
used with permission by, 4thbeach. The use of these materials by
you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms and Conditions or specific
permission is provided elsewhere on the site. Any unauthorized
use of the images may violate copyright laws, trade mark laws,
the laws of privacy and publicity, and civil and criminal
statues.
- 4thbeach is not responsible for the content of any site linked
to or from the site. Your linking to any other site is entirely
at your own risk. While 4thbeach may provide links on this site
to other sites, the inclusion of such links is for your
convenience only and should not be interpreted as an endorsement
of the owner/sponsor of the site or the content of the site. To
the extent permitted by law, 4thbeach disclaims all warranties,
express and implied, as to the accuracy, validity, legality or
otherwise of any materials or information contained on such
sites.
- Although 4thbeach may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards and
the like on the Site, 4thbeach is under no obligation to do so
and assumes no responsibility or liability arising from the
contents of any such communications nor for any error,
defamation, libel, obscenity, profanity, or inaccuracy contained
in any such communication. You are prohibited from posting or
transmitting any unlawful, threatening, defamatory, libelous,
obscene, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a
criminal offense or give rise to civil liability, or otherwise
violate any law. 4thbeach will fully cooperate with any law
enforcement authorities or court order requesting or directing
4thbeach to disclose the identity of anyone posting such
materials. In addition, you will not
- Restrict or inhibit any other user from using or enjoying the
site;
- Post, transmit or in any way exploit any material of any kind
for commercial purposes, or which contains any promotional
material or advertising;
- download any material posted by any other user if you know, or
ought reasonably to know, that such material cannot legally be
distributed in such a manner.
- Any order placed by you on the Site is an offer by you to
purchase the particular product or service specified. 4thbeach
reserves the right to accept or reject your offer for any
reason, including, without limitation, and error in your order
or in the material on the Site, or the unavailability of the
product or service. The contract to purchase the particular
product or service only comes into existence in accordance with
the Terms and Conditions of Sale of that product or service.
- 4thbeach may at any time revise these Terms and Conditions by
updating this posting. Since you are bound by these Terms and
conditions, you should therefore periodically visit this page,
by clicking the Legal and Trademark
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