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The King Shocks Australia website (http://www.kingshocksaustralia.com.au) are owned and/or operated by King Shocks Australia ABN 65 096 169 737. These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Websites ("You") and King Shocks Australia. The terms and conditions apply, no matter how You may access Website, including but not limited to via personal computers, laptops, mobile devices, television, and/or a really simple syndication (RSS) feed.
1. Terms
Your access to and use of the Websites are conditional upon Your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in these Terms and Conditions and anywhere else in the Websites ('the Terms'). By accessing and/or using the Websites You indicate Your acceptance of the Terms. King Shocks Australia reserves the right to change the Terms at any time, and Your continued access/use of the Websites after such change constitutes acceptance of the changes by You. You should check the Terms from time to time for that reason.
King Shocks Australia reserves the right to change, alter or discontinue any aspect of the Websites without notice.
2. Disclaimer
Except where expressly stated, King Shocks Australia makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided 'as is' without express or implied warranty of any kind.
Other than warranties and conditions implied by relevant legislation including the Australian Consumer Law 2010, the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void ("Non-excludable Condition"), King Shocks Australia excludes all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site.
If King Shocks Australia is liable to You arising from a breach of any Non-excludable Condition (other than one implied by the Australian Consumer Law 2010), King Shocks Australia limits its liability to You for that breach, at King Shocks Australia’s option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. Other than liability for any Non-excludable Condition, King Shocks Australia excludes all liability for any damages whatsoever including without limitation any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of the Web Site or the use or performance of information contained in it.
Neither King Shocks Australia nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
By using the Websites, you may be exposed to material that you find offensive, objectionable and harmful. By using the Websites, you assume all associated risks.
3. Indemnity
King Shocks Australia accepts no responsibility for Your actions or omissions, and You agree by accessing and/or using the Websites, to indemnify and hold harmless King Shocks Australia and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against King Shocks Australia by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by King Shocks Australia as a direct or indirect consequence thereof, including in relation to any content or material You contribute to the Websites (eg through blogs, chat rooms, Eyewitness or forums).
You agree that King Shocks Australia may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of Your activities in relation to the Websites, including providing any and all information held by King Shocks Australia, including Your personal or other details, to those authorities and law enforcement agencies.
4. Intellectual Property Rights
All content and functionality, including all information, text, images (moving and still), graphics, sound, stories, competitions, software and advertisements contained in the Websites ("material") are protected by International and Australian law, including Copyright and Trademark Law, and all rights are reserved. Except where expressly stated all material on the Websites are presented for Your information and entertainment only, and You are not permitted to download or reproduce any material except when reasonably necessary to access and/or use the Websites. When You access the Websites, You agree that You do so on the following conditions:
4.1 Except as noted above, You may access, use, retrieve, review or download the material for Your personal information and entertainment only.
4.2 You may save a local copy of or print material from the Websites for Your own personal information or entertainment, and to inform others about it, but You may not charge any fee for any use and all commercial use or exploitation of any material on the Websites are expressly prohibited.
4.3 Any copyright notice or mark appearing on any material on the Websites must be included on any copy You make.
4.4 You must keep all material intact and in the same form as presented on the Websites; You may not modify it without the express permission of King Shocks Australia.
4.5 You must not reproduce, communicate, republish or otherwise make available any material from the Websites on the Internet or any means including by other publicly accessible media (eg, newspaper, television or radio) without the specific written consent of King Shocks Australia.
4.6 You must not use the Websites or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of King Shocks Australia or any other owner of any rights in the material contained in the Websites.
These Terms replace entirely any implied licence terms that might otherwise apply to the material on the Websites. King Shocks Australia explicitly prohibits use of the material on the Websites in any manner other than as expressly licensed in these Terms. Notwithstanding the above, educational institutions may download audio or audio-visual program material solely for their educational purposes under the terms of Part VA of the Copyright Act, 1968. For more information educational institutions should contact Screenrights (licensing@screenrights.org). Activities You must not engage in include:
4.7 making a copy, modification, adaptation or reselling or redistributing any material on the Websites;
4.8 any commercial use of material on the Websites, unless such use is authorised in writing by King Shocks Australia;
4.9 any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Websites;
4.10 any use of or access to the Websites by any automatic tool, including "spiders", "crawlers", "robots" or offline browsing tools; or
4.11 any access or use of the Websites by any means that is contrary to the commercial interests of King Shocks Australia (eg, to facilitate a means of encouraging users of the Websites to use another website offering services similar to those on the Websites).
5. Trademark
The King Shocks Australia logo and trade marks are registered trademarks of King Shocks Australia and may not be used without the prior specific and written permission of King Shocks Australia. No other trademark appearing in the Websites may be used without the prior specific and written permission of the trademark owner.
6. Dealings with Third Parties
Any dealings between You and third parties (eg affiliates and associates of King Shocks Australia) through the Websites, such as participation in promotions of advertisers and its terms, conditions, warranties or representations, are solely between You and such third party and You agree that King Shocks Australia is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as the result of the presence of the third parties on the Websites.
7. Hotlinks
The Websites may contain hyperlinks to Internet websites operated by third parties (eg associates and affiliates of King Shocks Australia). King Shocks Australia is not responsible for the contents of any linked web site (including any goods or services offered or supplied through such a web site) or any hyperlink contained in the linked web site. The inclusion of any link does not imply any endorsement of the linked web site by King Shocks Australia. Any link within the Websites, which takes You to a third-party website, is clicked on entirely at Your own risk. King Shocks Australia does not endorse or in any way adopt representations made by advertisers on the Websites or any linked web site, nor are any offers made by such advertisers or web site operators also made by King Shocks Australia.
8. Notices
Notices to You may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Websites.
9. Comments and Complaints
King Shocks Australia has a variety of complaint handling mechanisms. You can contact us at info@kingshocksaustralia.com.au and details about how to lodge a complaint can be found at Contact Us.
10. Governing Law
The Terms constitute the entire agreement between You and King Shocks Australia and will be governed by the Laws of Queensland, Australia. If any provision of the Terms are found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
11. Privacy Policy
Personally identifiable information may be gathered from Web Site registration, contest registration, content submissions, community postings, suggestions, voting activities and transactional areas. Such information is subject to King Shocks Australia's Privacy Policy. For more information, please see our full Privacy Policy. In general, Your information will not be sold or otherwise transferred to third parties not associated or affiliated with King Shocks Australia without Your approval being obtained. By providing information in such a manner You agree that it may be used for the purposes for which it is sought (for example, for the delivery of e-mail services or e-commerce transactions). You consent to King Shocks Australia forwarding personally identifiable information that is gathered to research agencies for the purposes of conducting surveys on King Shocks Australia's behalf.
This page last updated: October 2014
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