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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS DESCRIBED HERE AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE AT ALL AND LEAVE IT IMMEDIATELY.

These terms and conditions of use (Site Terms) apply to your use of this website (the Site) and do not in any way alter the terms or conditions of any other agreement you may have with ETP Enterprises, its subsidiaries or affiliates. By using this Site, you warrant that you are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you also warrant that you are authorised to accept these Site Terms on the entity’s behalf and that the entity agrees to indemnify ETP Enterprises for any violations of these Site Terms.

  What is our privacy policy? ETP Enterprises is committed to protecting your privacy. Please refer to the Privacy Page for information on how we collect, use and disclose any personal information which is provided by any of our users.     Who owns the site and the contents of the site?

This Site is owned by ETP Enterprises. Unless otherwise indicated, all the content featured or displayed on this Site, including, but not limited to, text, graphics, data, sound, illustrations, images, software, and the choice and arrangement thereof (“Site Content”), is owned by ETP Enterprises, its licensers, or its third-party partners.

All elements of the Site, including the Site Content, are protected by copyright, moral rights, trademark and other laws on the protection of intellectual property.   Am I protected in any way when using the site? This Site and the Site Content are intended for customers of ETP Enterprises. You may not use this Site or the Site Content for any purpose not related to your business with ETP Enterprises. You are specifically prohibited from:

• downloading, copying, or re-transmitting any or all the Site Content without, or in violation of, a written agreement with ETP Enterprises;
• using any data mining, robots or any other data gathering or extraction methods;
• registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any ETP Enterprises product or service if you are not expressly authorised by such party to do so; and
• using the Site or the Site Content for anything other than its intended purpose.

Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including those on the Internet, data, privacy and the transmission of technical data exported from Australia or the country in which you live.   What action will we take when these rights are infringed upon?

In accordance with the Digital Millennium Copyright Act and other applicable laws, ETP Enterprises has a policy of terminating, in appropriate circumstances and at ETP Enterprises’s sole discretion, account holders who infringe the intellectual property rights of ETP Enterprises or any third party.

What if I have a complaint about copyright? If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a complaint with us in any of the following manners: Mail: 11 Waterdown Drive, Elanora, Queensland, Australia. Phone: +61 7 5534 7052 E-mail: admin@etpenterprises.com We may give notice of a claim of copyright infringement with a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent to a user’s address.   Links on the Site

ETP Enterprises makes no claim or representation about, and accepts no responsibility for the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of ETP Enterprises and as such ETP Enterprises is not responsible for the contents of any linked site, or any review, changes or updates to such sites. ETP Enterprises provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by ETP Enterprises of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies do not prescribe the code of conduct of the site you navigate to. You should review the applicable terms and policies, including privacy and data gathering practises, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, about the payment and delivery of related goods or services, and any other terms, conditions or warranties, ETP Enterprises shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

  Are there rules regarding the interactive areas and blogs?

The Site may include discussion forums or other interactive areas or services, including but not limited to blogs, chat rooms, bulletin boards, message boards, storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments or other items on the Site (Interactive Areas). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, send, distribute, store, create or otherwise publish through the Site any of the following:

• Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (User Content) that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or give instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to send, distribute and reproduce such User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that, in the sole judgement of ETP Enterprises, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose ETP Enterprises or its users to any harm or liability of a
  ny type.

Further, you agree not to delete or revise any User Content posted by any third party. ETP Enterprises takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ETP Enterprises liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, ETP Enterprises is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although ETP Enterprises has no obligation to screen, edit or check any of the User Content posted in any Interactive Area, ETP Enterprises reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that ETP Enterprises may access, use or show any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of ETP Enterprises; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Site, unless we indicate otherwise, you grant ETP Enterprises and its affiliates a nonexclusive, royalty-free, perpetual and irrevocable right to use, reproduce, change, adapt, publish, translate, distribute, perform and display such User Content throughout the world in any media. You grant ETP Enterprises and its affiliates the right to use the name that you give in connection with such content. You represent and warrant that

• you own and control all the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site;
• the User Content is correct and not misleading; and
• use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

  What about the data that you provide? In consideration of your use of the Site, you agree to:

• give correct, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data);
• keep up and promptly update the Registration Data, and any other information you give to ETP Enterprises, to keep it accurate, current and complete;
• keep up the security of your password and identification;
• let ETP Enterprises immediately know of any unauthorised use of your account or other breach of security;
• accept all responsibility for any and all activities that occur under your account; and
• accept all risks of unauthorised access to the Registration Data and any other information you give to ETP Enterprises.

  Is ETP Enterprises indemnified in case of your misuse?

You agree to defend, indemnify and hold harmless ETP Enterprises, its subsidiaries, affiliates, employees, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of any User Content that you post, store or otherwise transmit on or through the Site. You also agree to defend, indemnify and hold harmless ETP Enterprises, its subsidiaries, affiliates, employees, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your conduct, your use or inability to use the Site, your breach of the Site Terms, your unauthorised use of the website Content, or your violation of any rights of another.

  Disclaimer

THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND ETP ENTERPRISES AND ITS OWNERS, EMPLOYEES, CONTENT PROVIDERS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ETP ENTERPRISES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ETP ENTERPRISES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

ETP Enterprises uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties to this effect.

ETP Enterprises offers a search feature within the Site but explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. ETP Enterprises also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some countries do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

  Limitation of Liability

IN NO EVENT SHALL ETP ENTERPRISES, ITS DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ETP ENTERPRISES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO ETP ENTERPRISES’ RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ETP ENTERPRISES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ETP ENTERPRISES FOR ACCESS TO OR USE OF THE SITE.

  In case of a dispute

Any dispute relating in any way to your use of the Site or the Content shall be submitted to confidential arbitration in Elanora, Queensland, except that, to the extent you have in any way violated or threatened to violate ETP Enterprises’ intellectual property rights, ETP
Enterprises may seek injunctive or other appropriate relief in any state or federal court in the Queensland. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules prevailing in Queensland. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

  Termination of agreement Notwithstanding any of these Site Terms, ETP Enterprises reserves the right, without notice and in its sole discretion, to stop your account and/or to block your use of the Site.   Provision made for waivers

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by ETP Enterprises. If any clause in these Site Terms is unenforceable, wherever possible this will not affect any other clause and each will stay in full force and effect. Any rights not expressly granted here are reserved.

  Changes made to these Terms and Conditions

ETP Enterprises reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the bottom of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of changes will constitute your acceptance of such changes. We urge you to check the Site Terms when you visit one of our websites.

  Contact Information Questions or comments about the Site or Site Terms may be directed to ETP Enterprises in one of the following ways:

1. By following the link to the Contact Us page on the website and submitting your question or comment there.
2. By sending an e-mail to admin@etpenterprises.com.
3. By calling +61 7 5534 7052.

      Last updated: 11 June 2012  ]]>