Terms of Use
As at 1 February 2015
1. Ownership
This website at the domain at http://www.OptimumThining.net / (Website) is operated by Kempe Holdings Pty Ltd ATF Kempe Trading Trust trading as Optimum Thinking (“us/we/our”) (ABN 13 793 983 586) (“Optimum Thinking”) (we, us or our).
2. Acceptance of Terms and Conditions
Your access and use of the Website is conditional upon your acceptance and compliance with these terms and conditions and the Privacy Policy (Website Terms of Use).
We may amend the Website Terms of Use from time to time without notice. By continuing to use the Website you accept and are bound by the Website Terms of Use as they apply from time to time.
3. Copyright
The intellectual property in the content management system and templates powering the Website (Content Management System), and the data and content contained in the Content Management system (Licensed Content) are owned by Kempe Holdings Pty Ltd ATF Kempe Trading Trust trading as Optimum Thinking (ABN 13 793 983 586).
All other intellectual property, data and content in the Website (including the text, graphics and images) is owned by us (Our Content).
The Licensed Content and Our Content are together referred to as “Content” for the purposes of these Website Terms of Use.
Unauthorised use of any intellectual property in the Website, the Content Management System or the Content will constitute a breach of the Copyright Act 1968 (Cth).
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in the Website Terms of Use, no part of the Website, Content Management System or Content may in any form or by any means (including but not limited to, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without expressly being provided for on the Website or expressly authorised in writing by us.
4. Content
The Content is liable to change at any time. We make no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, usefulness, merchantability, fitness for purpose or safety of any or all of the Content. The Content may contain inaccuracies, errors or omissions. Any use and/or reliance on the Content is at your own risk.
The Content is intended only to provide a summary and an overview of the subject matter covered. It is not intended to be comprehensive nor should it be relied upon as a substitute for professional advice. You should seek professional advice before acting or relying on any of the Content. We, the Private Label Licensor and its licensors are not liable for any decisions, actions or omissions that you make on reliance on such Content.
You acknowledge that you may be exposed to content that you may find to be inaccurate, offensive, indecent or objectionable and you will not hold us, the Private Label Licensor or its licensors liable in any way for any such content.
You may only access, use and/or print the Content available on the Website for non-commercial or personal uses. All other use, copying, reproduction, republication, uploading, transmission, distribution and/or modification of the Content is prohibited unless provided for in the Membership Agreement or on the Website or expressly authorised in writing by us.
Your use of this Website and the Content and/or receipt of any Content is not intended to create nor does it create an advisory relationship between you and us, the Private Label Licensor or its licensors.
5. Restrictions on Use
You must not use or launch or allow any other person to use or launch any automated system including without limitation “robots”, “spiders”, “offline readers” or software yet to be invented, that accesses any part of the Website or Content.
You must not decompile, copy, alter, modify, reproduce, publish, adapt, create a derivative work of, reverse engineer, de-code, interfere with, or in any way disassemble or otherwise the Website or Content.
You must not circumvent, disable or otherwise interfere with security-related features of the Website or Content.
6. Trademarks
All names, logos and trademarks are owned by us, the Private Label Licensor or the third parties who have contributed to the Website or the Content. Nothing on the Website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation by us or the relevant third parties.
7. Limitation of Liability
We, third parties who have contributed to the Website and third parties mentioned on the Website will not be liable for any loss or damage suffered (including, but not limited to, incidental and consequential damages, loss of profits or damages) in connection with or resulting from the receipt of, or reliance on any Content, or the use and/or access of, or inability to use and/or access, the Website and the Content.
8. Computer Virus
We do not warrant that the Website or its servers will operate free from any computer viruses or other harmful code.
If your use and/or access of the Website or the Content, or if receipt of any Content from the Website, results in the transmission of any computer virus, we will not be liable for any loss or damage suffered (including, but not limited to, consequential damages, loss of profits or damages) in connection with or resulting from such use and access.
It is your responsibility to carry out an appropriate virus check to ensure that the Website and the Content are free from viruses and other harmful code before using and/or accessing the Website and any Content.
9. Hyperlinks
The Website and Content may contain hyperlinks to other websites owned and operated by third parties (Linked Sites).
The Linked Sites are not under our control or the control of the Private Label Licensor and we and the Private Label Licensor are not responsible for, nor do we or the Private Label Licensor necessarily sponsor, endorse or approve of any information or any hyperlink contained on Linked Sites. Any linking to Linked Sites is at your own risk.
You acknowledge that we and the Private Label Licensor have no control over, and assume no responsibility for the content, privacy policies or practices of any Linked Sites. We will not and cannot censor or edit the content of any Linked Site.
We and the Private Label Licensor make no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, merchantability or fitness for purpose of any or all of the information on the Linked Sites.
We and the Private Label Licensor are not a party to any transaction between you and the owners or operators of the Linked Sites. Your use of and access to a Linked Site is subject to the terms of use of that site in addition to these Website Terms of Use.
You release us and the Private Label Licensor from any liability arising from your use or access to a Linked Site.
10. General
To the extent permitted by law, the Website Terms of Use embodies the entire understanding and agreement between you and us with respect to the Website Terms of Use.
If any part of the Website Terms of Use is deemed to be illegal, void or unenforceable, that part of the agreement will be severed to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.
Clauses 3 to 9 (inclusive) will survive the expiry of these Website Terms of Use.
The Website Terms of Use is governed by and will be construed according to the laws of Queensland, Australia.
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