TINGALPA MODEL AERO CLUB INC WEBSITE TERMS AND CONDITIONS OF USE
Please read the Tingalpa Model Aero Club inc (‘TMAC’) general terms and conditions of use (the ‘Terms and Conditions’) carefully before using the web site www.tmac.asn.au (the ‘Site’). By using the Site you (the ‘User’) consent to being bound by these Terms and Conditions which constitute the agreement between the User and TMAC. If you do not agree with any of these Terms and Conditions, please do not use the Site.
Exclusion of warranty
TMAC does not make any express or implied warranties, representations or endorsements whatsoever in relation to the Site and the Content or any information, products or services provided through the Site or through any sites that are linked to the Site by hypertext links (the ‘Linked Sites’).
The Site and Content, including any material contained on Linked Sites (the ‘Linked Material’), are provided on an ‘as-is, as-available’ basis and TMAC:
(a) does not guarantee that the Content or Linked Material is accurate, definitive, reliable, complete, up-to-date or will meet the User’s requirements; and
(b) to the extent permitted by law, makes no warranty or representation as to the quality, merchantability or fitness for purpose of the Site, Content or Linked Material or any information, products or services provided through the Site or the Linked Sites.
Copyright and trade marks notice
TMAC has and retains copyright in all Content contained on the Site and in the selection, arrangement and presentation of this Content (including information in the public domain) and overall design of the Site.
You may reproduce any portion of the Content on the Site (retaining these Terms and Conditions) subject to the following conditions:
(a) you may down load to a local hard disk or print extracts from the Site for personal, non-commercial use only; and
(b) you may re-copy down loaded extracts to others for their personal, non-commercial use, PROVIDED that unless for personal or non-commercial use, any reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form, without the express written consent of TMAC, is prohibited.
TMAC does not retain copyright in any third party material contained on Linked Sites or in any third party material which appears on the Site with the consent of the copyright owner. TMAC does not:
(a) warrant or represent that Linked Material does not infringe the intellectual property rights of any third party; or
(b) authorise the infringement by any person of any intellectual property rights of any third parties contained in Linked Material.
The trade marks, logos and service marks (collectively the ‘Trade Marks’) displayed on the Site to describe companies and their products are the registered and unregistered Trade Marks of TMAC and other third parties. Nothing contained on the Site or in these Terms and Conditions should be construed as granting, by implication or otherwise, a licence or any right to any party to use the Trade Marks without the written permission of TMAC or such third party that may own the Trade Marks. The use of the Trade Marks displayed on the Site except as provided for in these Terms and Conditions is strictly prohibited.
Links to other web sites
The Site contains links and references to web sites maintained by organisations that may have no commercial or other relationship with TMAC. The Linked Sites and references have been included for interest and convenience purposes only for visitors to the Site and TMAC:
(a) does not sponsor, endorse or approve of the views expressed on the Linked Sites or the products and services available on the Linked Sites;
(b) does not guarantee that the information on the Linked Sites is accurate, reliable, definitive, complete or up-to-date;
(c) makes no warranty or representation as to the quality, merchantability or fitness for purposes of any Linked Material.
TMAC reserves the right at its absolute discretion and without notice to remove any links to or frames of the Site from other web sites. For the avoidance of doubt, framing of the Site or any part of the Site is not permitted without express permission.
Viruses, errors, defects, security and interruptions
The User should be aware that access to the Site and Linked Sites is affected by matters beyond TMAC’s control. TMAC does not guarantee that the files contained in the Site, Linked Sites or the servers on which the Site or Linked Sites are hosted is unaffected by viruses, errors, defects or will be accessible to Users on a continuous or uninterrupted basis.
TMAC does not guarantee that any viruses, errors or defects discovered to exist on the Site, Linked Sites or the servers on which they are hosted will be corrected. Users of the Site and Linked Sites do so at their own risk.
TMAC does not guarantee that personal or confidential information provided by Users to the Site is secure. Users of the Site acknowledge that personal or confidential information submitted to the Site is sent at the User’s own risk.
Limitations on liability
To the maximum extent permitted by law, in relation to use of or reliance on the Site, Linked Sites, the Content or Linked Material, or the inability to use or rely on the Site, Linked Sites, the Content or Linked Material, TMAC:
(a) excludes all liability to third parties;
(b) will not be liable for any incidental, indirect, special or consequential damages whatsoever, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if TMAC has notice of the possibility of such damage..
The User acknowledges that the use of this Site is done at the User’s own discretion and risk and with the User’s agreement that it will be solely responsible for any damage to the User’s computer system or loss of data that results from these activities.
The User agrees to indemnify TMAC (and its officers, assistants, members and agents) from and against any and all claims and damages of any kind (including legal fees) arising out of or relating to your use of the Site, your breach of any provision of these Terms and Conditions and/or any intentional wrongdoing by you.
These Terms and Conditions are subject to any terms and conditions that cannot be excluded by law, including without limitation, those implied by the Trade Practices Act 1974 (Cth). In the event that TMAC is liable for any damages arising out of the use of (or inability to use) the Site, liability is limited to the greatest extent permitted by law.
If any part of these Terms and Conditions is invalid or unenforceable, that invalidity does not affect the validity or enforceability of any other part.
Governing law and jurisdiction
These Terms and Conditions will be governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. The State or Federal Courts located in Queensland will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms and Conditions.
Updating or modification of terms and conditions
TMAC may at any time and without notice or liability to Users amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on the Site. Your continued use of the Site constitutes acceptance of these revised Terms and Conditions.