| 1. INTRODUCTION
1.1. This Internet web site ('Site') is owned and operated
by Palamedia Limited, ABN 46 066 217 909 ('Palamedia Limited').
The following provisions set out the terms and conditions
('Terms and Conditions') under which any person accessing
and using the Site ('You' and 'Your') may:-
(a) access and use the Site, including any pages or information
linked to it that are owned and operated by Palamedia Limited;
and
(b) purchase a Product or Products from Palamedia Limited
through the Site.
1.2. By accessing and using the Site, You agree to be bound
by the Terms and Conditions. Please read the Terms and Conditions
carefully before accessing and using the Site. If You do not
accept and agree to abide by the Terms and Conditions, please
do not access and use the Site.
2. PRIVACY
2.1. How information is collected? Information is
only collected when you successfully complete the online registration
form.
How is this information kept secure? For added security
we have outsourced the collection of credit card details to
the Westpac bank using the eWay/Camtech web based credit card
payment facility. For online registration, your credit card
number will not be known by Palamedia at any point and remains
with the Westpac bank
How is your information used? Your information is
used soley for the purpose of administering the event or delivering
the goods and services. This information will not be sold
or provided to any other businesses or mailing lists without
your consent.
Palamedia respects your privacy and is committed to protecting
it. If you have any questions about security with our company,
please contact us at info@palamedia.com.au.
3. COPYRIGHT
3.1. The Site, its design, and all content included on the
Site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software
('the Works'), is the exclusive property of Palamedia Limited
or its content suppliers, and is protected by Australian and
international copyright laws. The Works may contain, from
time to time, material that is the copyright of a third party.
4. LICENCE
4.1. Palamedia Limited grants You a limited, non-exclusive,
revocable licence to:
(a) access, use, and download the Works contained in the
Site solely for non commercial and personal purposes;
(b) access and use the Site solely for non-commercial and
personal purposes; and
(c) if You are an internet service provider, supply the Works
contained in the Site to Your subscriber.
4.2. Any conduct with respect to any of the Works contained
in the Site, other than that described in clause 4.1 (including,
without limitation, the reproduction, modification, adaptation,
transmission or communication of such Works without the prior
written permission of Palamedia Limited), is strictly prohibited.
4.3. Any conduct with respect to the Works that is authorised
by Clause 4.1, must include the Palamedia Limited copyright
notice "© 2003 Palamedia Limited. All Rights Reserved"
and any other credits, trade marks or other legal notices
applicable to the Works.
5. PURCHASE OF PRODUCTS
5.1. At the 'Events' section of the Site ('Events'), Palamedia
Limited:
(a) advertises certain products for sale ('Product' or 'Products');
and
(b) lists the price for each Product ('Purchase Price').
5.2. You can make an offer ('Offer') to purchase a Product
or Products from Palamedia Limited at the relevant Purchase
Price, by:-
(a) accessing the Events;
(b) selecting the Product or Products (Event) with respect
to which you wish to make an Offer, and clicking the 'register'
button;
(c) completing the 'Customer Details' Form and clicking the
'next' button; and
(d) providing your 'Payment Details' at the Westpac card
services ('Westpac') section of the Site and clicking the
'continue' button.
5.3. Palamedia Limited is deemed to have accepted ('Acceptance')
the Offer when Westpac sends an email message to You, confirming
that payment of the Purchase Price ('Payment') has been processed.
5.4. Payment will be processed by Westpac simultaneous to
Acceptance. Payment must be made by credit card (Bankcard,
MasterCard, Visa, or Amex).
5.5. An agreement ('Agreement') exists between You and Palamedia
Limited, for you to purchase from Palamedia Limited the Product
or Products with respect to which you have made an Offer,
upon Acceptance.
5.6. The entire Agreement consists of:
(a) the Offer;
(b) the Acceptance; and
(c) the Terms and Conditions.
5.7. Each separate Offer and Acceptance, together with the
Terms and Conditions, forms a separate Agreement.
5.8. If Palamedia Limited owes money to You under one Agreement,
Palamedia Limited may set-off that money against any money
that it owes You under another Agreement.
5.9. Palamedia Limited will deliver the Product or Products
to You:-
(a) at the address for delivery ('Address') provided by You
in the Customer Details Form in the Offer, within a time that
is, at the discretion of Palamedia Limited, feasible or;
(b) in relation to an Event Registration, Goods and/or Services
will be made available at the Event Venue on the date of the
Event, upon confirmation of registration/receipt details.
5.10. Anyone at the Delivery Address who receives the Product
or Products is deemed to be authorised to receive the Product
or Products.
5.11. Property and risk in the Product or Products passes
to You upon delivery to the Delivery Address.
5.12. If an event is cancelled all amounts will be fully
refundable.
5.13. If you wish to cancel an Event registration, notice
must be provided in writing and received by Palamedia Limited
no less than seven days prior to the event date, and funds
will be repaid less a $15 administration and processing fee.
If no such notice is received the fee will remain payable
in full, but a substitute delegate is welcome to take your
place.
5.14. You must not:
(a) engage in the business of re-selling, distributing and/or
supplying to any third party, whether through a web site or
any other means, any Product/s that You have purchased from
Palamedia Limited pursuant to an Agreement; and
(b) represent Yourself as Palamedia Limited or as an agent
or sub-contractor of Palamedia Limited, by making any unauthorised
use of any trade mark and/or copyrights owned by Palamedia
Limited or by any other means.
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6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
6.1. Palamedia Limited reserves the right to modify or adapt
any part of the Works (including information about a Product
or Products) without notifying current or prospective customers
or users.
6.2. Palamedia Limited is not responsible for any errors
or defects (including without limitation computer viruses,
typographic errors or other inaccuracies) in any Works contained
in the Site. Palamedia Limited intends any information contained
as part of the Works to be accurate and reliable. However,
errors may occasionally occur. Therefore, all Works are provided
"as is", without any warranty of any kind.
6.3. The liability of Palamedia Limited for any breach of
any implied condition or warranty conferred by the Trade Practices
Act 1974 (Cth), or any similar state or territory legislation
in Australia which cannot be excluded, is limited to any one
or more of the following, determined by Palamedia Limited
in its sole discretion:
(a) in the case of a Product or Products:
(i) the replacement or repair of the Product or Products,
or the supply of an equivalent Product or Products; or
(ii) the payment of the cost of replacing the Product or
Products, or acquiring an equivalent Product or Products,
or repairing the Product or Products; and
(b) in the case of services:
(i) supply of the services again; or
(ii) the payment of the cost of having the services supplied
again.
6.4. To the full extent permitted by law, Palamedia Limited,
its related bodies corporate (as that expression is defined
under the Corporations Law) and their directors, employees
and/or agents will not be liable for any loss, claims, damages
or costs (including legal costs) arising out of, or in connection
with, Your use of or inability to use the Site, including
but not limited to direct, indirect, incidental, special,
exemplary and all consequential damages or losses of profits
or opportunity to any person, even if such losses or damages
were reasonably foreseeable.
6.5. If Clause 6.4 is unenforceable in whole or in part in
any jurisdiction, due to relevant laws in that jurisdiction,
then in no event will the liability of Palamedia Limited to
You for any damages, losses, claims or otherwise, exceed the
amount paid by You, if any, with respect to Your purchase
of a Product or Products from Palamedia Limited, pursuant
to an Agreement, through the Site.
7. INDEMNITY
7.1. You agree to indemnify Palamedia Limited and hold Palamedia
Limited indemnified from and against any and all actions,
liabilities, claims, costs and expenses (including reasonable
legal costs and expenses) arising out of Your use of the Site
or any breach of the Terms and Conditions by You, including,
without limitation, Your warranties and representations with
respect to the Material.
8. LINKS TO THIRD PARTY SITES
8.1. Palamedia Limited makes no representations whatsoever
about any other web sites which You may access from this Site
('Third Party Site'). A link from this Site to a Third Party
Site does not mean that Palamedia Limited endorses or accepts
any responsibility for the content or use of the Third Party
Site. Third Party Sites are accessible from the Site only
for the convenience of the user.
9. ELECTRONIC COMMUNICATIONS
9.1. You consent to receiving communications from Palamedia
Limited electronically, including electronic mail or notices
posted on the Site.
9.2. You acknowledge that all agreements, notices, disclosures
and other communications that Palamedia Limited provides to
You and that You provide to Palamedia Limited electronically,
satisfy any legal requirement that such communications be
in writing.
10. CHANGES
10.1. Palamedia Limited may add to, delete, or otherwise
change any of the Terms and Conditions by giving You notice
('Notice'):-
(a) by electronic mail; or
(b) by ordinary post to your address contained in the Customer
Details; or
(c) by posting on the Site.
11. SEVERABILITY
11.1. The Terms and Conditions constitute:-
(a) the entire agreement between Palamedia Limited and
You regarding Your use of the Site, and Your grant of all
rights in any Material submitted to the Site; and
(b) part of an Agreement for You to purchase Goods from Palamedia
Limited through the Site, as provided for in Clause 5.6.
11.2. The Terms and Conditions supercede all previous, written
or oral agreements between You and Palamedia Limited.
11.3. No waiver of any breach of the Terms and Conditions
shall be deemed to be a waiver of any preceding or succeeding
breach of the same or any other term.
11.4. If any provision of the Terms and Conditions is held
to be unlawful, invalid, unenforceable or in conflict with
any law in Australia, then any such provision will, to the
necessary extent, be read down or severed from the Terms and
Conditions, as applicable, and the remaining provisions will
not be affected.
11.5. Your indemnity and assignment of all rights in any
Material submitted to Palamedia Limited and the Site will
survive any change to, or termination of, the Terms and Conditions.
12. APPLICABLE LAW
12.1. The Terms and Conditions shall be governed by, and
construed according to, the laws of New South Wales, Australia.
Any dispute under the Terms and Conditions shall be subject
to the non-exclusive jurisdiction of the Courts of New South
Wales and, by using the Site, You hereby submit to that jurisdiction.
13. ADDRESS
Export Magazine
Palamedia Limited
Locked Bag 4000
Chatswood DC 2067
Australia
Or
Level 6, 67 Albert Avenue
Chatswood NSW 2067
Australia
http://exportmagazine.com.au
info@palamedia.com.au
For further information email: info@palamedia.com.au
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