Conditions of Use
1. Your Acceptance
BY USING AND/OR VISITING
THIS WEBSITE (collectively, including all Content available through thespeednetgolf .com.au domain name, the "SpeedNet Golf Website", or "Website"), YOU SIGNIFY
YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE
TERMS AND CONDITIONS OF SpeedNet Golf’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.speednetgolf.com.au/privacy, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to any of these terms, then please do not use the
SpeedNet Golf Website.
2. SpeedNet Golf
Website
These Terms of Service apply
to all users of the SpeedNet Golf Website, including users who are also contributors
of video content, information, and other materials or services on the Website.
The SpeedNet Golf Website may contain links to third party websites that are not owned
or controlled by SpeedNet Golf. SpeedNet Golf has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, SpeedNet Golf will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly relieve
SpeedNet Golf from any and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you leave the SpeedNet Golf
Website and to read the terms and conditions and privacy policy of each other
website that you visit.
3. Website
Access
SpeedNet Golf hereby grants you
permission to use the Website as set forth in this Terms of Service, provided
that: (i) your use of the Website as permitted is solely for your personal,
non-commercial use; (ii) you will not copy or distribute any part of the Website
in any medium without SpeedNet Golf's prior written authorisation; (iii) you will not
alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Service.
You agree not to use or
launch any automated system, including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a manner that sends more
request messages to the SpeedNet Golf servers in a given period of time than a human
can reasonably produce in the same period by using a convention on-line web
browser. Notwithstanding the foregoing, SpeedNet Golf grants the operators of public
search engines permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. SpeedNet Golf reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
Submissions.
4. Intellectual Property
Rights
The content on the SpeedNet Golf
Website including without limitation, the text, software, scripts, graphics,
photos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
SpeedNet Golf, subject to copyright and other intellectual property rights under
Australian and foreign laws and international conventions. Content on the
Website is provided to you AS IS for your information and personal use only and
may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. SpeedNet Golf
reserves all rights not expressly granted in and to the Website and the Content.
You agree to not engage in the use, copying, or distribution of any of the
Content other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website
for any commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise interfere
with security related features of the SpeedNet Golf Website or features that prevent
or restrict use or copying of any Content or enforce limitations on use of the
SpeedNet Golf Website or the Content therein.
6. Warranty
Disclaimer
YOU AGREE THAT YOUR USE OF
THE SpeedNet Golft WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, SpeedNet Golf, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. SpeedNet Golf MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY
ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SpeedNet Golf
WEBSITE. SpeedNet Golf DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SpeedNet Golf WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND SpeedNet Golf WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
7. Limitation of
Liability
IN NO EVENT SHALL SpeedNet Golf,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SpeedNet Golf WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT SpeedNet Golf SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
The Website is controlled
and offered by SpeedNet Golf from its facilities in Australia. SpeedNet Golf makes no
representations that the SpeedNet Golf Website is appropriate or available for use in
other locations. Those who access or use the SpeedNet Golf Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
8.
Indemnity
You agree to defend,
indemnify and hold harmless SpeedNet Golf, its parent company, officers, directors,
employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from: (i) your use of and access to the SpeedNet Golf
Website; (ii) your violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation any copyright,
property, or privacy right. This defence and indemnification obligation will
survive these Terms of Service and your use of the SpeedNet Golf Website.
9. Ability to Accept
Terms of Service
You affirm that you are
either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and warranties
set forth in these Terms of Service, and to abide by and comply with these Terms
of Service.
10.
Assignment
These Terms of Service, and
any rights and licences granted hereunder, may not be transferred or assigned by
you, but may be assigned by SpeedNet Golf without restriction.
11.
General
You agree that: (i) the
SpeedNet Golf Website shall be deemed solely based in Australia; and (ii) the SpeedNet Golf
Website shall be deemed a passive website that does not give rise to personal
jurisdiction over SpeedNet Golf, either specific or general, in jurisdictions other
than New South Wales. These Terms of Service shall be governed by the internal
substantive laws of the State of New South Wales, without respect to its conflict of
laws principles. Any claim or dispute between you and SpeedNet Golf that arises in
whole or in part from the SpeedNet Golf Website shall be decided exclusively by a
court of competent jurisdiction. These Terms of
Service, together with the Privacy Notice at http://www.speednetolf.com.au/privacy
and any other legal notices published by SpeedNet Golf on the Website, shall
constitute the entire agreement between you and SpeedNet Golf concerning the SpeedNet Golf
Website. If any provision of these Terms of Service is deemed invalid by a court
of competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Service, which shall
remain in full force and effect. No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such term or any other
term, and SpeedNet Golf's failure to assert any right or provision under these Terms
of Service shall not constitute a waiver of such right or provision. SpeedNet Golf
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the SpeedNet Golf Website following any amendment of these Terms
of Service will signify your assent to and acceptance of its revised
terms.
YOU AND SpeedNet Golf AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SpeedNet Golf WEBSITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
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