Terms and Conditions of Use
These terms and conditions apply to the use of this web site, including the
purchase of any Member Services offered over this web site. In using this web
site for these or any other purposes, you agree to be bound by these terms and
conditions. If you do not accept these terms and conditions, you must refrain
from using the web site or Member Services. These terms and conditions must be
read in conjunction with any other applicable terms and conditions governing
the use of the web site and Member Services including the PUNCH Anti Spam
Policy.
Terminology
In these terms and conditions, the expressions we, us and our are a reference
to PUNCH. Member Service means the PUNCH online member service, including but
not limited to the proprietary or administration software provided by us to any
Licensee or Member, or any rights of access to our web site and its products.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time.
Amendments will be effective immediately upon notification on this web site.
Your continued use of the web site following such notification will represent
an agreement by you to be bound by the terms and conditions as amended.
Grant of Licence
PUNCH grants to the member a non-exclusive right during the term of this
agreement to use the Member Services pursuant to the terms and conditions set
out herein. Your use of the Member Services confers no title or ownership in
the Member Services. All ownership rights remain in PUNCH.
Membership
In order to be able to access the information offered in the Member Services
area, you must become a member. To become a member, you must complete your
registration details in the manner described on the web site. We reserve the
right to terminate your membership at any time if you breach these terms and
conditions. You agree to ensure that your registration details are true and
accurate at all times. Specifically, you must notify us of any change to the
registration details as originally supplied. You agree not to use our products
or services for any unlawful purpose (whether known or not) or in any manner
which may infringe or violate any third parties rights. You further agree that
you will not use our service to transmit or upload any harmful files or
unsolicited e-mail addresses. You further agree that you will not use our
service to transmit any unsolicited messages. You agree to use our services in
an acceptable manner where your use is concurrent with the expected usage of
our member services. You further agree not to upload files for distribution via
other electronic means or any other usage that may be considered unfair,
deceptive or illegal or which contains prohibited or potentially prohibited
content which is (or would be) classified RC or X by the Classifications Board
or classified R by the ABA and which must comply with any other applicable law.
You agree that you are solely responsible for complying with any law (whether
in existence now or in the future) which may apply to you or us, which is in
any way is connected with the use, or otherwise, of our products or services.
You must not disclose any user ID, password or other log in information to any
person. Upon registration, you will be provided with a password and account
designation. You agree to pay for our services in the manner specified on the
web site or any other document that specifies pricing. PUNCH reserves the right
to adjust any pricing for any of its products and services. PUNCH will inform
members of such adjustments at which time the member has the option to
terminate their membership as described under 'Termination of Access' within
these Terms and Conditions.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products offered by us
may be listed at an incorrect price or with incorrect information due to a
typographical error or like oversight. In these circumstances, we reserve the
right to cancel the transaction, notwithstanding that your order has been
confirmed and your credit card has been charged. We reserve this right up until
the time of delivery of supply of the services to you. If a cancellation of
this nature occurs after your credit card has been charged for the purchase, we
will immediately issue a credit to your credit card account for the amount in
question.
Information Service
All information provided by us pursuant to these terms and conditions is
provided in good faith. You accept that any information provided by us is
general information and is not in the nature of advice. We derive our
information from sources which we believe to be accurate and up to date as at
the date of publication. We nevertheless reserve the right to update this
information at any time. In addition, we do not make any representation or
warranty that the information we provide is reliable, accurate or complete or
that your access to that information will be uninterrupted, timely or secure.
You should make your own enquiries and seek independent advice from relevant
industry professionals before acting or relying on any information or material
which is made available to you pursuant to our information service. You agree
to use our information service for lawful purposes only.
Indemnity
You indemnify us and our related bodies corporate and our respective officers,
employees and agents against all actions, claims and demands (including the
cost of defending or settling any action, claim or demand) on a full indemnity
basis, which may be instituted against us arising out of a failure by you (or
by any person using your password or ID, whether or not you have authorised
that person to use your password or ID) to comply with these terms and
conditions.
Disclaimer
This disclaimer set out in these terms and conditions does not attempt or
purport to exclude liability arising under statute if, and to the extent, such
liability cannot be lawfully excluded. We do not accept responsibility for any
loss damage, however caused (including through negligence), which you may
directly or indirectly suffer in connection with your use of your Membership
Services or this web site or any linked web site, nor do we accept any
responsibility for any such loss arising out of your use of or reliance on
information contained on or accessed through this web site. To the extent
permitted by law, any condition or warranty which would otherwise be implied
into these terms and conditions is hereby excluded. If legislation implies any
condition or warranty, and that legislation prohibits us from excluding or
modifying the application of, or our liability under, any such condition or
warranty, that condition or warranty will be deemed included but our liability
will be limited for a breach of that condition or warranty to one or more of
the following: (a) if the breach relates to 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 (b) if the
breach relates to services, (i) the supplying of the services again or (ii) the
payment of the cost of having the services supplied again; and if item (a) or
item (b) is not permitted under applicable legislation, to the maximum extent
permitted by applicable legislation. Except in relation to liability for
personal injury (including sickness and death), and except as otherwise
stipulated in these terms and conditions, we will not accept liability to you
in respect of any loss or damage (including indirect, special, or consequential
loss or damage) which may be suffered or incurred by you or which may arise
directly or indirectly in respect of goods or services supplied pursuant to an
order placed on this web site or in respect of any failure or omission on our
part to comply with our obligations as set out in these terms and conditions.
Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited
by laws which apply to you. You must take your own precautions to ensure that
the process which you employ for accessing this web site does not expose you to
the risk of viruses, malicious computer code or other forms of interference
which may damage your own computer system. For the removal of doubt, we do not
accept responsibility for any interference or damage to your own computer
system which arises in connection with your use of this web site or any linked
web site. Whilst we have no reason to believe that any information contained on
this web site is inaccurate, we do not warrant the accuracy, adequacy or
completeness of such information, nor do we undertake to keep this web site
updated. We do not accept responsibility for loss suffered as a result of
reliance by you upon the accuracy or currency of information contained on this
web site. Responsibility for the content of advertisements appearing on this
web site (including hyperlinks to advertisers' own web sites) rests solely with
the advertisers. The placement of such advertisements does not constitute a
recommendation or endorsement by us of the advertisers' products and each
advertiser is solely responsible for any representations made in connection
with its advertisement. We make no warranty that goods or services acquired
from us over this web site will meet your requirements. Details contained on
this web site relating to goods or services have been prepared in accordance
with Australian law and may not satisfy the laws of any other country. We do
not warrant that the details on this web site concerning those goods or
services will satisfy the laws of any other country. It is your responsibility
to determine whether these details satisfy the laws of the jurisdiction which
you reside (if that jurisdiction is outside Australia) and if the details do
not satisfy the laws ofyour jurisdiction, you may not order any goods or
services from this web site. You acknowledge that despite all reasonable
precautions on our part, there is a risk of unauthorised access to or
alteration of your transmissions or data or of information contained on your
computer system or on this web site. We do not accept responsibility or
liability of any nature for any such losses which you may sustain as a result
of such activity.
Copyright
Copyright in this web site (including text, graphics, logos, business names,
icons, sound recordings and software) is owned or licensed by us. Other than
for the purposes of, and subject to the conditions prescribed under, the
Copyright Act1968 (Cth) and similar legislation which applies in your location,
and except as expressly authorised by these terms and conditions, you may not
in any form or by any means: adapt, reproduce, store, distribute, print,
display, perform, publish or create derivative works from any part of this web
site; or commercialise any information, products or services obtained from any
part of this web site; without our written permission.
Trade Marks
This web site includes trade marks which may be the subject of registration
applications.
You must not use any of our intellectual property:
- in or as the whole or part of your own trade marks or business name or company name.
- in connection with activities, products or services which are not ours.
- in a manner which may be confusing, misleading or deceptive.
- in a manner that disparages us or our information, products or services (including this web site).
- You must not authorise or assist any person to do any of the acts specified above.
- By using the member services, you agree that company Trade Marks may accompany information or services being accessed, viewed and or sent from our servcies.
Restricted Use
Unless we agree otherwise in writing, you are provided with access to this web
site only for your personal use. You are authorised to print a copy of any
information contained on this web site for your personal use, unless such
printing is expressly prohibited. Without limiting the foregoing, you may not
without our written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites (linked web sites). Those
links are provided for convenience only and may not remain current or be
maintained. We are not responsible for the content or privacy practices
associated with linked web sites. Our links with linked web sites should not be
construed as an endorsement, approval or recommendation by us of the owners or
operators of those linked web sites, or of any information, graphics,
materials, products or services referred to or contained on those linked web
sites, unless and to the extent stipulated to the contrary.
Privacy Policy
We undertake to comply with the terms of our privacy policy which is annexed to
these terms and conditions.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have
the legal requirement to do so. Your e-mail message content may be monitored by
us for trouble-shooting or maintenance purposes or if any form of e-mail abuse
is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as
totally secure. Whilst we strive to protect such information, we do not warrant
and cannot ensure the security of any information which you transmit to us.
Accordingly, any information which you transmit to us is transmitted at your
own risk. Nevertheless, once we receive your transmission, we will take
reasonable steps to preserve the security of such information.
Termination of Access
Access to this web site and our services may be terminated at any time by us
without notice. Members may terminate his/her or its access at any time by
notifying PUNCH in writing. Any outstanding fees and charges become immediately
payable and will be calculated at the set rate for the remainder of the current
month. Where SMS credits have been purchased, a fee may apply to have any
unused credit amount reimbursed to the Member. Our disclaimer and indemnity
nevertheless survive any such termination.
Governing Law
These terms and conditions are governed by the laws in force in Queensland. You
agree to submit to the exclusive jurisdiction of the courts of that
jurisdiction.
General
We accept no liability for any failure to comply with these terms and
conditions where such failure is due to circumstance beyond our reasonable
control. If we waive any rights available to us under these terms and
conditions on one occasion, this does not means that those rights will
automatically be waived on any other occasion. If any of these terms and
conditions are held to be invalid, unenforceable or illegal for any reason, the
remaining terms and conditions shall nevertheless continue in full force.
To Return to the Web Site or Member Services
By returning to the web site, you acknowledge that you have read, understood
and accept the above terms of use.