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Terms and Conditions of Use
PLEASE
READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY.
BY VISITING,
BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE
(THE "SITE") OPERATED BY PC EXPRESS AUSTRALIA PTY
LTD(“www.pc-express.com.au”), YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions,
by visiting, browsing, shopping, accessing or otherwise using
the site. These terms and conditions are subject to change without
prior notice
at any time, in PC EXPRESS AUSTRALIA’s sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the site
after a change
has been posted to the site, the Customer accepts that change. Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute
a legal contract between you and PC EXPRESS AUSTRALIA PTY LTD. ("PC
EXPRESS AUSTRALIA"). (References to "you" or "your" shall
relate to a customer of PC EXPRESS AUSTRALIA or other party that
visits, browses, shops, accesses or otherwise uses the site (the "Customer");
references to "PC EXPRESS AUSTRALIA" shall relate to PC
EXPRESS AUSTRALIA PTY LTD.) By visiting, browsing, shopping, accessing
or otherwise using this site, you acknowledge that you have read,
understood, and agree to be bound by this User Agreement and comply
with all applicable laws and regulations. If you do not agree to
this User Agreement, as it may be changed by PC EXPRESS AUSTRALIA
from time to time, DO NOT use this site. The material provided on
this site is protected by law, including, but not limited to, copyright
law and international treaties. This site is controlled and operated
by PC EXPRESS AUSTRALIA from its offices within Australia. PC EXPRESS
AUSTRALIA makes no representation that materials in the site are
appropriate or available for use in other locations, and access to
them from territories where their contents are illegal is not authorized.
Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with applicable
local laws.
Use Restrictions
The copyright in all material provided on this site is held by PC EXPRESS
AUSTRALIA or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of PC EXPRESS AUSTRALIA or the copyright owner.
Permission is granted to display, copy, distribute and download the
materials on this site for personal, non-commercial use only, provided
you do not modify the materials and that you retain all copyright
and other proprietary notices contained in the materials. This permission
terminates automatically if you breach any of these terms or conditions.
Upon termination, you must immediately destroy any downloaded or
printed materials. You also may not, without PC EXPRESS AUSTRALIA’s
prior written permission, "mirror" any material contained
on this site on any other server. Any unauthorized use of any material
contained on this site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations
and statutes.
All trademarks and registered trademarks are the sole
property of their respective owners. Photographs are courtesy of
respective manufacturers.
PC EXPRESS AUSTRALIA and the Circle of Service logo are registered
trademarks of PC EXPRESS AUSTRALIA PTY LTD. Copyright © 2005 PC
EXPRESS AUSTRALIA PTY LTD.
Microsoft and the Passport Logo are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other
countries and are used under license from Microsoft.
Communications to PC EXPRESS AUSTRALIA
Any communication or material you transmit to the site by electronic
mail or otherwise, including any data, questions, comments, suggestions,
or the like is, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by PC EXPRESS AUSTRALIA
for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, PC
EXPRESS AUSTRALIA is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to PC EXPRESS
AUSTRALIA or the site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products using
such information.
Access, Interference and Linking
PC EXPRESS AUSTRALIA grants you a limited license to access and make
personal use of the site and not to download (other than page caching)
or modify it, or any portion of it.
The following activity on the site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or
manual process to monitor or copy portions of the site or the content
contained herein without prior written permission by PC EXPRESS AUSTRALIA
; collection or use of any product listings, descriptions, or prices,
from the site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the site; and, Any
use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the site, or otherwise interferes
with its proper and timely functioning.
Any unauthorized use terminates the license granted by PC EXPRESS
AUSTRALIA.
You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of the site so long as the link does not
portray PC EXPRESS AUSTRALIA, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any PC EXPRESS AUSTRALIA logo or other proprietary
graphic or trademark as part of the link without express written permission.
PC EXPRESS AUSTRALIA does not review or control third-party sites
that link to or from the site, and is not responsible for the contents
of any third-party sites linked to or from the site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL PC EXPRESS AUSTRALIA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY
TO USE, THE MATERIALS ON THIS SITE, EVEN IF PC EXPRESS AUSTRALIA
OR A PC EXPRESS AUSTRALIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
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