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Condition of Use


Using this website
You must read and agree to these conditions before making any other use of the site, using or employing any of our products or services or undertaking any form of work with us. If you do not agree to these conditions, you must not use the site. By making use of the site, you accept and agree to be bound by these conditions.

These conditions apply to all use of the site including use of sections which are subject to additional specific conditions. Your use of any section of the site which is subject to specific conditions, subject to your prior acceptance of those specific conditions.
Warranties/accuracy of data
The SwanSoft Technologies website provides information on an "as is" basis. Subject to any non-excludable rights, all express or implied conditions or warranties of any kind (including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights) are excluded.

Disclaimer
Although information prepared and acknowledged by SwanSoft Technologies has been produced and processed from sources believed to be reliable, subject to any non-excludable rights, no express or implied warranty is made regarding the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information.

This disclaimer applies to both isolated and aggregate uses of the information. If you find any errors or omissions, please report them to SwanSoft Technologies.
Liability
Subject to any non-excludable rights, use of the site is entirely at your own risk. In no event will SwanSoft Technologies be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any goods or services promoted on the site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those 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 unauthorised access to, alteration of, or use of any material.


If circumstances arise where you are entitled to claim damages from SwanSoft Technologies notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), SwanSoft Technologies liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from SwanSoft Technologies) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again. Indemnification
You must indemnify SwanSoft Technologies and the hosts, operators, developers of and contributors to the site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site. Third party material
The site may include content or references supplied by users or other third parties (“third party material”). SwanSoft Technologies does not monitor and accepts no liability for third party material.

Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material.

SwanSoft Technologies makes no representation and gives no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party material or the identity, knowledge or qualifications of any third party material provider.

Your access to and reliance on third party material is entirely at your own risk.

References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement or recommendation by SwanSoft Technologies, and such references shall not be used for advertising or product endorsement purposes.
Links to third party web sites
Links to third party web sites from the site are provided solely as a convenience to you. SwanSoft Technologies makes no representation as to the intellectual property rights of any material available on the linked third party web sites and accepts no responsibility for any broken or redirected links.

The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.

SwanSoft Technologies does not review and monitor any linked third party web sites and neither SwanSoft Technologies nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site.

It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.
Inappropriate content
You acknowledge that neither SwanSoft Technologies nor the hosts, operators or developers of the site are liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and that the risk of injury from such content rests entirely with you.

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.
Viruses
SwanSoft Technologies cannot and does not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Links from other sites to this site
Other sites may only link to the site with SwanSoft Technologies' prior written permission. Any site that links to the site:

  • Must link to SwanSoft Technologies home page
     
  • Must not replicate site content
     
  • Must not create a browser or border environment around site content
     
  • Must not imply any endorsement by SwanSoft Technologies
     
  • Must not misrepresent its relationship with SwanSoft Technologies
     
  • Must not present false information about SwanSoft Technologies' products
     
  • Must not use SwanSoft Technologies name or logos without prior written permission.
Security and availability                                                                                              There are many inherent risks involved in operating a web site and transmitting information over the Internet. Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet.

Consequently, SwanSoft Technologies is unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.
Copyright                                                                                                                SwanSoft Technologies or third parties own and retain the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.

Unless otherwise expressly stipulated by SwanSoft Technologies, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose.

You must not sell or otherwise commercially exploit any information made available at the site. You must ensure that all copyright notices are retained in any material copied from the site.

Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without the SwanSoft Technologies prior written permission.

If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

By submitting any material to the site or to SwanSoft Technologies in connection with your use of the site, you thereby assign all intellectual property rights in that material to SwanSoft Technologies. You must not submit material to the site if a third party has any intellectual property rights in that material.
Trademarks                                                                                                                     The trademarks, and logos, displayed on the site are trademarks of SwanSoft Technologies. Nothing contained on the site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the site without the written permission of SwanSoft Technologies or such third party that may own the trademarks displayed on the site. Sale of goods or services                                                                                            Unless otherwise stipulated by SwanSoft Technologies, any sale of goods or services from the site is subject to the following conditions

Fulfillment - SwanSoft Technologies will endeavor to provide excellent, accurate and fast fulfillment of any orders placed using the site. However, SwanSoft Technologies is not liable for delays caused by suppliers, postal and courier companies or any other circumstances.

Currency - All transactions are in Australian dollars. If any amounts are shown in other currencies these are only indicative and may vary due to exchange rate variations at the actual time of transaction.

Credit card use – If credit card payment is facilitated by the site, SwanSoft Technologies undertakes to use credit card details only as specified by you in relation to purchases made on the site. Illegal use of credit cards is a serious crime. SwanSoft Technologies will report any suspicious activity and evidence to credit card companies and law enforcement authorities.

Identity fraud - You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.

Errors in description or pricing – Errors may occur in the description or pricing of products or services offered on the site. SwanSoft Technologies may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.

Any supply of goods or services by SwanSoft Technologies is subject to any express written warranties offered by SwanSoft Technologies or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (liability arising from use of the site) apply.
Governing law                                                                                                                 The site is administered by SwanSoft Technologies from offices in Melbourne, Australia. These conditions and your use of the site and any disputes between you and SwanSoft Technologies shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law.

Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in the State of Victoria Australia.

You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.
Severance                                                                                                                          If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions. Changes to conditions, site content or access                                                       SwanSoft Technologies may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.

SwanSoft Technologies may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.
Definitions                                                                                                               SwanSoft Technologies Corporation of Victoria Australia includes its officers, employees, agents, contractors and contributors of site content.

“Non-excludable rights” means any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement;

“Site” means any part of this and any other web site operated by or on behalf of the Corporation;

“Use" includes access or use or attempted access or use of any part of the site;

“You” means any person who uses the site.



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