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Privacy Policy and Terms of Use
Welcome to the website of Aged Care Sales Australia (ACSA).
This website is best viewed using a contemporary browser.
Use of this website, and information distributed in
conjunction with this website, including without limitation
the ACSA E-Mail Update Service, is offered to you on your
acceptance of these Terms of Use, our Privacy Policy and
other notices posted on this website. Your use of this
website or of any content presented in any and all areas of
the website indicates your acknowledgment and agreement to
these Terms of Use, our Privacy Policy and other notices
posted on this website. If you do not agree to be bound by
and comply with all of the foregoing, you may not access or
use our currency information, services, or website. We
suggest you print a copy of each of these documents for your
records.
ACSA shall have the right, at its sole discretion, to
modify, add or remove any terms or conditions of these Terms
of Use without notice or liability to you. Any changes to
these Terms of Use shall be effectively immediately
following the posting of such changes on this website. The
most recent version of these Terms of Use may always be
found at
www.agedcaresales.com.au/privacyterms.
You agree to review these Terms
of Use from time to time and agree that any subsequent use
by you of this website following changes to these Terms of
Use shall constitute your acceptance of all such changes.
These Terms of Use were last modified on August 08, 2006.
This website is for informational purposes only and is
not intended to provide specific commercial, financial,
investment, accounting, tax, or legal advice. It is provided
to you solely for your own personal, non-commercial use and
not for purposes of resale, distribution, public display or
performance, or any other uses by you in any form or manner
whatsoever. Unless otherwise indicated on this website, you
may display, download, archive, and print a single copy of
any information on this website, or otherwise distributed
from ACSA, for such personal, non-commercial use, provided
it is done pursuant to the User Conduct and Obligations set
forth herein.
ACSA has used its best commercial efforts to obtain the
most accurate and timely information available, including
information pertaining to currency rates, all of which are
complex and subject to rapid change. Accordingly, we do not
guarantee the accuracy, timeliness, reliability or
completeness of any of the information contained on,
downloaded or accessed from this website.
The performance of this website and all information
contained on, downloaded or accessed from this website are
provided to you on an "as is" basis, without warranties of
any kind whatsoever, including any implied warranties or
warranties of merchantability, fitness for a particular
purpose or non-infringement of the rights of third parties.
ACSA shall be not responsible for any problems or technical
malfunction of any telephone network or lines, computer
on-line systems, servers, Internet access providers,
computer equipment, software, or any combination thereof
including any injury or damage to your or any other person's
computer as a result of using this website.
ACSA reserves the right, at its sole discretion, to
modify, disable access to or discontinue, temporarily or
permanently, any part or all of this website or any
information contained thereon without liability or notice to
you.
As a visitor to our website, you acknowledge and agree
that any reliance on or use by you of any information
available on this website shall be entirely at your own
risk. In no event shall ACSA nor any of its data providers
be liable for any direct, indirect, consequential or
eACSAmplary damages arising from the use or the performance
of this website, even if ACSA or such provider has been
advised of the possibility of such damages.
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Confidentiality and
Transmissions over the Internet |
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The transmission of data or information (including
communications by e-mail) over the Internet or other
publicly accessible networks is not secure, and is subject
to possible loss, interception or alteration while in
transit. Accordingly, we do not assume any liability for any
damage you may experience or costs you may incur as a result
of any transmissions over the Internet or other publicly
accessible networks, such as transmissions involving the
exchange of e-mail with us (including those which may
contain your personal information). While we shall take
commercially reasonable efforts to safeguard the privacy of
the information you provide us and treat such information in
accordance with our Privacy Policy, in no event will the
information you provide to us be deemed to be confidential,
create any fiduciary obligations to you on our part, or
result in any liability to you on our part in the event that
such information is inadvertently released by us or accessed
by third parties without our consent.
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User Conduct and
Obligations |
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You agree to follow all applicable laws and regulations
when using this website. Furthermore, you agree that you
shall not:
- upload, post or otherwise transmit through or to
this website any content that:
- is unlawful, abusive, threatening, harmful,
obscene, lewd, offensive, defamatory or otherwise
objectionable;
- might infringe the intellectual property rights,
privacy rights, rights of publicity, or other
proprietary rights of others;
- contains any viruses, trojan horses, time bombs,
or any other harmful programs or elements;
- disrupt, place unreasonable burdens or excessive
loads on, interfere with or attempt to gain unauthorized
access to any portion of our website, its computer
systems, servers or networks;
- provide false information about yourself to us,
impersonate any other person, or otherwise attempt to
mislead others about your identity or the origin of any
content, message or other communication;
- transmit junk mail, chain letters, or other
unsolicited bulk e-mail or duplicative messages;
- collect information about other visitors to our
website without their consent or otherwise
systematically extract data or data fields, including
without limitation any financial data or e-mail
addresses;
- sell access to or the use of this website, including
any content contained on, downloaded or accessed from
this website, except as specifically permitted in
writing by ACSA;
- redistribute any content, including financial data,
provided by us in any manner whatsoever including by
means of printed publication, fax broadcast, web pages,
e-mail, web newsgroups or forums, or any other
electronic or paper-based service or method;
- intentionally alter the format in which financial
data is provided by us or otherwise circumvent our
regular interfaces to such data; and
- embed or import any financial data provided by us
into any information services (whether or not
web-based), data files or application software,
including without limitation accounting and payroll
systems, except as except as specifically permitted in
writing by ACSA.
The foregoing prohibitions expressly include, but are not
limited to, the practice of "screen scraping", or any other
practice or activity the purpose of which is to obtain lists
of data, portions of a database, or other lists or
information from the web site, in any manner or in any
quantities not authorized in writing by ACSA.
By uploading, posting or otherwise transmitting through
or to our website any content, you grant to us, our
successors and assigns, a non-exclusive, world-wide, royalty
free, perpetual, non-revocable license to use or distribute
such content in any manner otherwise than as stated in our
Privacy Policy.
You agree to indemnify, defend and hold us and our
affiliates, business partners, officers, directors,
employees and agents harmless from any loss, liability,
claim, demand, damage, or expense (including reasonable
legal fees) asserted by any third party relating in any way
to your use of this website or breach of these Terms of Use.
We reserve the right to assume the exclusive defence and
control of any matter subject to indemnification by you,
which shall not excuse your indemnity obligations.
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Third Party Websites,
Content and Products and Services
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You acknowledge and agree that your business dealings
with any third parties, including any merchants or
advertisers, found on, or accessed through our website and
any of their services, including payment for and delivery of
any related goods and services, are solely as between you
and such third parties. You understand and acknowledge that
some of services accessible on our website are provided by
third parties (including, but not limited to, discount
foreign exchange services and online foreign exchange
trading services) and that in certain instances, we may
receive referral fees and/or other compensation from third
parties on a per use or other basis based on your purchase
or use of third party goods or services found on or accessed
through our website. You acknowledge that in such dealings
with third parties, we are not the seller or provider and
your agreement of purchase or for services with such third
party is solely between you and the third party, and not
ACSA. ACSA assumes no responsibility whatsoever for any
charges, losses or liabilities you or any user of your
account incurs when making purchases or completing
transactions with such third parties. As a user of our
website, you acknowledge and agree that we shall not be
responsible or liable in any way for any loss or damage of
any kind which you or any other user of your account may
incur as a result of, or in connection with, any dealings or
transactions with such third parties.
By accessing third party services through our website,
you hereby authorize such third party service provides to
provide ACSA with personal information regarding your use of
and your activities with respect to the purchase and use of
third party services and/or goods.
Links or pointers to other websites and references to
products and services offered by third parties are provided
to you for convenience only and do not constitute an
endorsement or approval by us of (i) the organizations that
operate such websites; (ii) the content, privacy policies or
other terms of use on such websites; or (iii) such third
party products and services. As we have no control or
responsibility over websites or content maintained by other
organizations, or for products and services offered by third
parties, we do not assume any liability for your use of any
of the foregoing, which use you acknowledge and agree shall
be at your own risk.
All logos, and other identifying marks of ACSA are and
shall remain the trade-marks and trade names and exclusive
property of ACSA, and any unauthorized use of these marks is
unlawful. Other trade-marks on this website are the property
of their respective owners. All content on this website,
including without limitation all programs, complied
binaries, interface layout, interface text, documentation
and graphics, is the copyrighted property of ACSA and is
protected by international copyright law. The content on
this website may be used by you only for your personal,
non-commercial use as provided for in these Terms of Use,
but may not be taken out of context or presented in a
misleading or discriminatory manner. Any rights not
expressly granted to you are reserved by us.
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Notice of Copyright
Infringement |
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Our policy is to comply with all intellectual property
laws and to act expeditiously upon receiving any notice of
claimed infringement. If you believe that your work has been
reproduced on this website in a manner that constitutes
copyright infringement, please provide a notice of copyright
infringement containing all of the following information:
- A physical or electronic signature of a person
authorized to act on behalf of the copyright owner for
the purposes of the complaint.
- Identification of the copyrighted work claimed to
have been infringed.
- Identification of the material on our website that
is claimed to be infringing or to be the subject of
infringing activity.
- The address, telephone number or e-mail address of
the complaining party.
- A statement that the complaining party has a
good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent or the law.
- A statement, under penalty of perjury, that the
information in the notice of copyright infringement is
accurate, and that the complaining party is authorized
to act on behalf of the owner of the right that is
allegedly infringed.
All notices of copyright infringement should be sent to:
ACSA
Level 23
127 Creek Street
Brisbane QLD 4000
Attention: Intellectual Property Manager
Facsimile: +61 7 5597 4411
E-mail: copyright@agedcaresales.com.au
IMPORTANT: We are committed to establishing our
services in as many languages as possible. However, our
company is based in Australia and our staff are
English-speaking. We apologize, but we can only correspond
in English.
If any provision of these Terms of Use is held invalid or
unenforceable in any respect by any court having competent
jurisdiction, such provision shall be enforced to the
maximum extent permitted by law, and the remaining
provisions of these Terms of Use shall continue in full
force and effect. No waiver of any provision of these Terms
of Use shall be deemed a further or continuing waiver of
such provision or any other provision of these Terms of Use.
You agree that these Terms of Sale, our Privacy Policy
and other notices posted on this website have been drawn up
in English. Although translations in other languages of any
of the foregoing documents may be available, such
translations may not be up to date or complete. Accordingly,
you agree that in the event of any conflict between the
English language version of the forgoing documents and any
other translations thereto, the English language version of
such documents shall govern.
These Terms of Use shall be governed by and construed in
accordance with the laws of the Province of Queensland and
the laws of Australia applicable therein, without regard to
conflict of laws provisions thereto. The parties consent to
the exclusive jurisdiction of the courts of, and venue and
situs in, Brisbane, Queensland, Australia.
If you have any questions or concerns about our website
or these Terms of Use, please feel free to contact us at
info@agedcaresales.com.au
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