Terms of Use

 
   
Website Terms and Conditions
4thbeach Software Pty Ltd ("4thbeach")
  1. 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.
  2. 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.
  3. 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. 
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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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