© Copyright Repeta Pty Ltd. 2017. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All material, content, and other works are the copyrighted works of Repeta Pty Ltd.
TERMS AND CONDITIONS OF USE
You may view, download and copy information and materials available on this website solely for Your personal, non-commercial use. You may also use such material within Your organisation in connection with the support of Repeta Pty Ltd products. As a condition of use, You agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorised. Any violation of the foregoing may result in civil and/or criminal liabilities.
ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable to use of www.repeta.com.au, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in this website, sets forth the terms and conditions that apply to use of this website by You. By using this website (other than to read this Agreement for the first time), You agree to comply with all of the terms and conditions hereof. The right to use this website is personal to You and is not transferable to any other person or entity. You are responsible for all use of Your Account (under any screen name or password) and for ensuring that all use of Your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of Your password(s), if any.
B. Repeta Pty Ltd shall have the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Repeta Pty Ltd shall have the right at any time to change or modify the terms and conditions applicable to Your use of this website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this website, or by electronic or conventional mail, or by any other means by which You obtain notice thereof. Any use of this website by You after such notice shall be deemed to constitute acceptance by You of such changes, modifications or additions.
DESCRIPTION OF SERVICES
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this website and all charges related thereto.
A. You shall use this website for lawful purposes only. You shall not post or transmit through this website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Repeta Pty Ltd 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Repeta Pty Ltd’s discretion restricts or inhibits any other User from using or enjoying this website will not be permitted. You shall not use this website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Repeta Pty Ltd.
B. This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a collective work under the Australian copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Repeta Pty Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
C. You shall not upload, post or otherwise make available on this website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this website, You automatically grant, or warrant that the owner of such material has expressly granted Repeta Pty Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other User to access, view, store or reproduce the material for that User's personal use. You hereby grant Repeta Pty Ltd the right to edit, copy, publish and distribute any material made available on this website by You.
D. The foregoing provisions of this Section are for the benefit of Repeta Pty Ltd, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this Web site are the copyrighted works of Repeta Pty Ltd, and any unauthorised use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Repeta Pty Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Repeta Pty Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Repeta Pty Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Repeta Pty Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Repeta Pty Ltd trademarks may be used only with written permission from Repeta Pty Ltd. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Repeta Pty Ltd or any third party.
LINKS TO OTHER WEB SITES
As a convenience and to make the Repeta Pty Ltd Web site truly service oriented we may include links to complementary sites on the Internet. These sites are owned and operated by third parties. Repeta Pty Ltd makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the Repeta Pty Ltd site is not an indication that Repeta Pty Ltd endorses the third party or its site, or has any affiliation with or between Repeta Pty Ltd and the third party hosting site.
Repeta Pty Ltd is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Repeta Pty Ltd has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, You or any other user of this website, are those of the respective author(s) or distributor(s) and not of Repeta Pty Ltd. Neither Repeta Pty Ltd nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will Repeta Pty Ltd be liable for any loss or damage caused by Your reliance on information obtained through this website. It is the responsibility of Users to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Repeta Pty Ltd. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
UNSOLICITED IDEA SUBMISSION POLICY
Repeta Pty Ltd or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Repeta Pty Ltd's products or marketing strategies might seem similar to ideas submitted to Repeta Pty Ltd. So, please do not send your unsolicited ideas to Repeta Pty Ltd or anyone at Repeta Pty Ltd. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Repeta Pty Ltd makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Repeta Pty Ltd shall have the right, but not the obligation, to monitor the content of this website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Repeta Pty Ltd and to satisfy any law, regulation or authorized government request. Repeta Pty Ltd shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, Repeta Pty Ltd shall have the right to remove any material that Repeta Pty Ltd, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
ANTI SPAM POLICY
This sets forth our policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account.
Repeta Pty Ltd has a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.
We reserve the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. You expressly agree that use of this website is at your sole risk. Neither Repeta Pty Ltd, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this website.
B. This website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that Repeta Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
D. In no event will Repeta Pty Ltd, or any person or entity involved in creating, producing or distributing this website, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this website. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
E. In addition to the terms set forth above neither, Repeta Pty Ltd, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
F. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
User agrees to defend, indemnify and hold harmless Repeta Pty Ltd its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Repeta Pty Ltd by User or User's Account.
TERMINATION OF USE
Either Repeta Pty Ltd or You may terminate this Agreement at any time. Repeta Pty Ltd may, in its sole discretion, terminate or suspend Your access to all or part of the Repeta Pty Ltd Web site, including, but not limited to any bulletin boards on its website, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement and the use of this site shall be governed by and construed in accordance with the laws of Australia exclusive of its choice of law principles. The Australian courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
This site as well as these rules are subject to the laws of Australia, regardless of the location of the user, and any claims of any kind related thereto must be filed in the courts located in Australia
This Agreement and any operating rules for this website established by Repeta Pty Ltd constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Australia. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Any rights not expressly granted herein are reserved.