Terms of Use
As a user of the The Imaging Services Group website ('www.imaging.com.au'),
you are bound by the following terms and conditions. Accordingly,
you should review them in relation to all or part(s) of the
website.
Licence
By allowing you to access the website, The Imaging Services
Group grants to you a licence. By accessing the website, you
accept the terms and conditions of this licence.
Pursuant to this licence and subject to the absolute right
of The Imaging Services Group to vary access to all or any
part(s) of the website, you acquire a non-exclusive right
to:
- View the material in the website.
- Access material contained in the website.
- Use the website strictly in accordance with the provisions
of this licence.
If you wish to download and use any material contained in
the website for a temporary purpose (such as viewing offline),
you may do so.
Your Obligations
You hereby undertake the following obligations:
- To not copy or translate for commercial use, reproduce,
adapt, vary or modify any material in the website without
the express consent of The Imaging Services Group, except
as expressly authorised by this licence.
- To ensure your employees, subcontractors and other agents
(if any) who have authorised access to the website are made
aware of the terms and conditions of this licence.
- To not provide or otherwise make available any material
in the website in any form to any person other than employees,
subcontractors and other agents (if any) without the written
consent of The Imaging Services Group.
- To not use the material in the website for, or in connection
with, a service bureau operation.
Warranties
The Imaging Services Group does not warrant that the material
in the website is accurate, complete or up to date. The existence
of inaccurate, incomplete or superceded material in the website
will not cause The Imaging Services Group to be in breach
of the terms of this licence.
The Imaging Services Group reserves the right to change,
add or remove any material in or from the website without
notice.
The Imaging Services Group does not warrant that the functions
contained in the website or third-party websites will be uninterrupted
or without error, that defects will be corrected, or that
electronic material in the website and other third-party websites
are free of viruses or other harmful components.
To the extent permitted by law, all implied terms are excluded.
If any statute implies terms into this licence, which cannot
be lawfully excluded, such terms will apply to this licence,
save that the liability of The Imaging Services Group for
breach of any such implied term will be limited, at the option
of The Imaging Services Group, to any one or more of the following:
- The replacement of goods or services to which the breach
relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services
or of acquiring equivalent goods or services.
- The payment of the cost of having the goods repaired or
the services performed again.
The Imaging Services Group will not be liable for any indirect
or consequential losses arising out of a breach of this licence,
or arising out of the supply of a defective program or incorrect
materials.
When deciding to visit the website, you acknowledge that
you have exercised your independent judgment and have not
relied on any representation made by The Imaging Services
Group which has not been stated expressly in this licence
or upon any descriptions or illustrations or specifications
contained in any document including catalogues or publicity
material produced by The Imaging Services Group (which material
may be out of date or superceded).
Intellectual Property Rights
You acknowledge that the material in the website is the
subject of copyright© and that it is the subject of other
intellectual property and legal rights (including third-party
rights).
You must not, during or at any time after the expiry or termination
of this licence, permit any act which infringes any of those
rights and, without limiting the generality of the foregoing,
you specifically acknowledge that you may not copy the material
in the website, except as otherwise expressly authorised by
this licence.
Trademarks
'The Imaging Services Group' and all associated trademarks
are trademarks of The Imaging Services Group.
Client Services
Password access is restricted to a single subscriber.
Passwords and user names must not be distributed to any other
person, body or corporation.
Indemnity
You must indemnify and keep The Imaging Services Group
indemnified fully against all liabilities, damages, claims,
losses, costs and expenses, which The Imaging Services Group
may incur to a third party or you as a result of your breach
of the provisions of this licence.
This website may contain hyperlinks to other websites operated
by third parties. You accept that The Imaging Services Group
has no control over, and is not responsible for, any material
contained on any third-party websites. You may be required
to comply with all requirements of any third party over the
conditions of use of that third party's website.
Disclaimer
You accept that The Imaging Services Group takes no responsibility
for any error or omission relating to the material contained
in the website.
You accept that The Imaging Services Group makes no undertakings
to provide access to the website at any particular time, or
for any particular length of time. You agree that The Imaging
Services Group will not be held liable for any lapse in the
website's accessibility, or any consequences whatsoever that
flow from the unavailability of the website.
Terms of Licence
This licence commences upon your accessing the website
and is granted in perpetuity. However, the licence may be
terminated without notice by The Imaging Services Group if
you are in breach of any terms of this licence.
Upon termination, you or your representative must destroy
any copies, electronic and printed, of material obtained from
the website that you have in your possession or under your
control or otherwise return or dispose of such material in
the manner directed by The Imaging Services Group.
Termination pursuant to this clause shall not affect any
rights or remedies, which The Imaging Services Group may otherwise
have under this licence or at law.
Amendments to this Licence
These are the current terms and conditions of the licence.
The Imaging Services Group may at any time vary and amend
the terms and conditions of this licence by publishing the
varied Terms and Conditions of Use on the website. You accept
that by doing this, The Imaging Services Group has provided
you with sufficient notice of the variation and amendment.
It is your responsibility to familiarise yourself with the
current terms and conditions each time you visit the website.
Waiver
Failure or neglect by The Imaging Services Group to enforce
at any time any of the provisions of this licence shall not
be construed or deemed to be a waiver of the rights of The
Imaging Services Group under this licence.
Jurisdiction
This licence shall be governed by and construed according
to the laws of the state of Victoria, Australia.
Definitions
'The Imaging Services Group' means The Imaging Services
Group, all of its related bodies including Poster Planet.
'Hyperlink' means any mechanism of providing a link from
one location on the Internet (or a web page) to another location
on the Internet (or a different web page, or a different location
on the same web page), and includes any mechanism for linking
to, or providing access to, files via the Internet.
'Intellectual Property' means all intellectual property rights
as defined by Article 2 of the World Intellectual Property
Organisation Convention of 1967, in any inventions, designs,
trademarks, trade names, circuit layouts, plant varieties,
business and domain names, logos and get-up, confidential
information, matter, materials or works accessible on or via
the The Imaging Services Group websites.
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