Website Use Policy
Website Use Policy
WEBSITE ACCESS
The end User is responsible for making the necessary arrangements to access the website, products and services of the Company. At the sole discretion of the Company however, the website or its contents thereof may be changed, altered or otherwise modified without due notice. Thus, the end User agrees to indemnify the Company in the event that part or all of the website is unavailable for any period of time.
INTELLECTUAL PROPERTY RIGHTS
Any Intellectual Right not exclusively mentioned herein, shall not be deemed a waiver of the right, and all Intellectual Property Rights shall be governed, to the fullest extent possible, under the applicable Australian and International laws:
• This website, which shall include all of the content, data, features, functionality, source code, text, graphics and any other item that can be accessed via the website. This content, shall be considered to be the intellectual property of the Company, its licensors and/or authors, and as such, is exclusively protected under applicable international laws. The use of this website by the end User is exclusively for non-commercial use, and at no time should the end User transfer, sell, distribute or otherwise impeded upon the intellectual property, for their own financial gain. All rights are exclusively reserved by their respective owners.
• At no point shall the end User or any third party distribute, reproduce, modify, reverse engineer, display or offer any of the content of this website to other parties, except as allowed:
• The end User may store cookies or other cached data, so long as such caching is part of the automatic process of the web browser to enhance the use and access to the website;
• In the event that the end User downloads any software or applications necessary for access to the products and services of the Company, the same shall only be a single copy for the end User’s personal use, and may not be redistributed to any third party;
• Likewise, end Users are allowed to participate in, and encouraged to take part in Company sanctioned social media features.
• The end User may not, under any circumstances:
• Make use of the graphics, audio or video or any other similar data beyond the scope of its initial intended use by the Company;
• Modify, delete or otherwise enhance any notices of proprietary rights, including but limited to, copyrights or trademarks which have been placed on or within any of the data, products or services offered by the Company through its website; or
• Access the website for commercial purposes, or in anyway, use the site’s data and content for their own financial gain.
• The Company owns the intellectual rights to its name, logo, related names, products and services, slogans, designs and trademarks, and the end User may not, in any manner, make use of these marks without the express written consent of the company, its licensors and/or authors.
YOUR REPRESENTATIONS AND OBLIGATIONS
• The end User may only make use of the website, and access the content, data, products and services of the company for lawful purposes, and in accordance with the guidelines of this Policy.
• Further, the end User agrees:
• That they are of a legal age, of a sound and competent mind, under applicable provisions of the law, to enter into this agreement with the Company;
• That at no time, will the access to the site, its content products or services will be done in any manner contrary to applicable laws and regulations;
• That they will comply with the Content Standards set forth in this Policy, and will not send, receive or re-use any content which is violation of these Standards;
• That at no time, will they impersonate any representative of the Company, or any other User or entity;
• That they will not perform any action, which may damage, disable, overload or in any other manner, impair the website, or access to the website, products and services of the Company; • They will not use any software, bots or other technology to access the website, including but not limited to, mirroring, off-line viewing or any other means to extract the data and content of the site;
• That they will not knowingly inject any form of viruses or other types of malware, including but not limited to, Trojans, worms, bombs or any other form of technology, which has been developed with a malicious or illegal intention; and
• They will not frame, or otherwise misrepresent the contents of the website as their own using any other form of technology available.
USER CONTRIBUTIONS
As part of the end Users’ experience of the website, the Company encourages User contributions, but said contributions shall be guided as follows:
• In the event that the Company provides any form of interactive service on the website, including forums, and other means of User Interactive Services, the end User agrees to comply with the Content Standards set herein;
• The posting of these User contributions shall be non-confidential, and the same shall not be considered the intellectual property of the end User. By providing these contributions to the website, the end User agrees to give the Company the full and exclusive right to use this content, in any manner prescribed under the law, including but not limited to, reproduction, modification, distribution or disclosure to third parties. That all rights to any content in any form are transferred to the Company and that the Company should be indemnified from any liabilities arising out of such use; and
• The end User is responsible for the content submitted, and acknowledges that they have the lawful right to post these contributions. In the event that a contribution infringes upon another party’s rights, the end User shall be solely responsible for the infringement.
CONTENT STANDARDS
The following Content Standards shall be applicable to all User contributions, and or any other interactive service offered by the Company. Further, such contributions must comply with applicable laws and basic morals.
Without any limitations to the following, the end User’s contributions may not:
• Include any form of material that may be seen as defamatory, indecent, obscene, offensive, violent, hateful, discriminatory, abusive, harassing or in any other manner, objectionable in nature;
• Include any form of pornography or other sexually explicit material, regardless of its legality;
• Discriminate against another, or their rights, based on gender, ethnicity, religion, nationality, disability, age or sexual orientation;
• Infringe upon trademarks, patents, copyrights, trade secrets, or any other form of intellectual property rights of any other User or third party;
• Infringe upon constitutional, civil or other legal rights of another, including their rights to privacy, nor should the same contain any content that could results in criminal or civil liabilities;
• Promote or otherwise advocate any illegal activities, or unlawful acts;
• Cause any form of unjustifiable annoyance, or inconvenience to other Users, nor should the same be done with an intent of upsetting or embarrassing another User;
• Impersonate or otherwise misrepresent the User as being any other person or entity that they are not authorized to represent;
• Be used to conduct any form of sales or other forms of commercial activities; or
• Impress upon other Users that the User is endorsed or otherwise represents the Company.
MONITORING ENFORCEMENT AND TERMINATION
The Company and/or its representatives has the exclusive right to, but no obligation to monitor, review, edit or in any manner screen the individual contributions of another User, and that any contribution submitted by an end User does not reflect, in any manner, the views or beliefs of the Company, and that these contributions are in no way endorsed by the Company or its representatives.
The Company has the right to:
• Remove any User contribution;
• Refuse the inclusion of any contribution;
• Delete, modify or otherwise edit any contribution the Company deems to be inappropriate;
• Disclose personally identifiable information with any third party lodging a valid legal claim to any intellectual property, or any content which violates the criminal or civil rights of another; • Take the most appropriate actions defined under the law, for any contribution that violates any laws; or
• Terminate or suspend any end User who fails to comply with these Terms and Policies.
The Company also has the obligations to cooperate with law enforcement agencies, and will fully cooperate with such authorities upon demand, with regards to the personally identifiable information of any user contributing material that violates the laws and/or rights of another.
Since the Company does not review any contributions prior to their posting by the end User, we therefore cannot ensure that any material that violates the Content Standards or applicable provisions of the law, are removed promptly, but the same does not constitute as a waiver of liability on the part of the Company. The end User will indemnify the Company from any action by any third party, relating to any User contributions.
INFRINGEMENT OF COPYRIGHT
Copyright infringement is a serious crime and in the event that we receive a notice of such an infringement, we will respond and take the most appropriate action necessary to rectify the infringement.
Legal notices may be sent to:
KonTech Australia Pty Ltd
℅ 12/116 Melbourne Street
North Adelaide
South Australia 5006
Phone: +61418848664
Email: contact@tamelko.com
Please take note, that if misrepresentation of intellectual property right infringements may result in liabilities against the party making the false claim, which includes, but is not limited to potential legal fees and costs.
RELIANCE ON INFORMATION POSTED
Any information that may be posted within the website of the Company, is done so for informational purposes only, and at no time does the Company ensure that completeness, accuracy or even the usefulness of such information. Thus, any reliance on the information is at the end User’s own risk. The Company shall not be held liable for any content provided by any third party.
PRIVACY
In accordance with the Company’s Privacy Policy, any information that may be collected by the Company, may be used by the Company in any manner as described under these Terms, and in accordance with the applicable provisions of the law. As the end User, by using the website, you consent to any use of this information by the Company as prescribed.
LINKS FROM THE WEBSITE
From time to time, the website will contain links to third parties, and that these links are provided to the end User for convenience alone. The Company has no control over any of the content, products or services offered by their party sites, and thus, cannot accept any liability arising from the use of these links. Such access is done at the end Users’ own risk.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES The Company shall allow end User’s to link to the homepage of the website, so long as such links are done in a manner that complies with applicable laws, and that such is done in a manner that is both fair to the Company, and that does not in any manner damage the reputation of the Company. Further, no links should be posted in a manner that would misrepresent any form of endorsement or approval on the part of the Company; without express written consent.
Further, the website shall include social media features, which will allow the end User to:
• Link from their website, or certain approved third-party websites;
• Send and/or receive any email messages or other forms of communication, wherein the content requires a link to the website as a form of authority;
• Display portions of the public accessible portion of the website with links to the full content being referred to.
The end User may make use of these features in the manner provided to the Company, and in accordance with the Terms and Policies set herein. However, these features must comply with the following:
• Other than social networking sites, the link must not be placed on any website that the end User does not own personally, or has the lawful right to post on;
• The content may not be posted within a frame, and such links shall not be considered deep linking or done in an in-line manner;
• Any links must point to the homepage of the website;
• The content on the page of the website wherein the link is placed, must also comply with the Terms and Policies of the Company.
It is imperative, that the content of the website wherein any link to the website of the Company is placed, must also comply with the Content Standards as set forth in these Terms. In the event that the end User is found to have violated these linking terms, he or she agrees to rectify the issues immediately, else remove the link entirely.
The Company exclusively reserves the right to disable any and all social media features without notice.
NO PROMISES
The end Users’ use of the website, and/or any products or services offered through or from the Company, is done so at the User’s own risk and is provided solely on an “as is” basis, without any form of warrantee or promises, implied or expressed. The Company makes absolutely no promises with regards to the security, quality completeness or accuracy of anything contained within the website, including such products or services. The end User will indemnify the Company from any form of warrantee or representation of any form.
LIABILITY LIMITATION
At no point, shall the Company be held liable for any damages resulting from the use of the website, and/or any of the products or services offered therein. Sail limited liability shall extend to the officers and other representatives of the Company, as well as its Licensors, Authors and any third parties associated with the same. Further, said liability extends to any damages resulting from the visiting of any other third party site, which may have been linked to from the main website. The end User shall be solely responsible for any and all damages.
CHANGES
The Company exclusively reserves the right to change any of the Terms and/or Policies outlined herein at any time, without notice, and in accordance with the previously established time frames for notice. The continued use of the website and/or products and services after any changes constitutes as an agreement to such changes.
EQUITABLE RELIEF
In the event that a breach in these Terms and Policies, or any breach in the intellectual property rights of the Company, that results in irreparable damage to the Company, the Company reserves the right to an injunction against the offender, and likewise, to any other form of just and equitable relief defined under applicable provisions of the law.
GOVERNING LAW AND VENUE
The Policies set forth are governed under the laws of South Australia, and by agreeing to these Terms, the End User agrees that any action against the Company, shall be brought before the courts of South Australia; except in the event that the User is a resident of a country that stands as a member of the European Economic Area (EEA), in which such litigations shall be filed in the country of residence.
SEVERABILITY
In the event that nay provision of these Terms and Provisions are deemed to be contrary to law by any competent body, the same shall not affect the remaining provisions. Further, the Company reserves the right to change any offending provision to conform to the law if necessary.
WAIVER AND AMENDMENT
At any point that the Company fails to enforce strict compliance with these Terms and Policies, the same shall not constitute as a waiver of the obligations set forth in these Terms and Policies. The Company reserves the right to monitor and enforce these Terms and Policies on a case to case basis.
FUTURE BUSINESS TRANSACTIONS
In the event that the Company is bought, sold or even merged with another company, the information contained within the website servers and databases, including any personally identifiable information, is transferred with this change of ownership. The end User agrees that in the event of such an acquisition of transfer of ownership, that all data shall also be transferred, provided that any party who purchases the assets of the Company, shall be subjected to the same Terms and Policies regarding the integrity and security of this personally identifiable data.
COMPLETE UNDERSTANDING
The end User agrees and understands that the entire contents of these Terms and Policies, along any documents referred to, shall constitute as part of the whole agreement between the Company and the end User, and supersedes any previous understandings.