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ACME
Website Conditions of Use
Introduction
You should read these Conditions of Use and Privacy Statement below
carefully. In these Conditions of Use "We", "Our"
or "Us" means ACME Limited ABN: 86 094 962 133and includes
its directors, employees and agents; and "You" or "Your"
means the person who accepts these Conditions of Use, by using this
website. Acceptance by You of these Conditions of Use binds You and
all of Your employees, officers and agents to comply with these Conditions
of Use. Without implying any licence to do so, if you pass on any information
contained in the website to any other person, you should pass on these
Conditions of Use also and draw it to their attention.
Your Information and Password
Please ensure that all information provided by You in making use of
this website or any of the information, services or material provided
by this website is and remains accurate and complete.
A password may be required in order to access some services provided
by this website. If a password is required You agree not to disclose
Your password to any third party or use Your password for any unauthorised
purpose.
Not Investment
Advice
The information on this website should be considered general, public
information and should, under no circumstances be construed as investment
recommendations or advice. When making investment decisions, You should
speak with a professional consultant who has the ability to make decisions
based on Your personal situation.
Binding Conditions
and Variations
These Conditions of Use and any which are imposed by law and which may
not lawfully be excluded, are the only conditions which bind Us.
Our commitment to
make ACME an informative website means that we are constantly adding
new features and information to the site. Because of this, from time
to time, our policies will be reviewed and may be revised. ACME reserves
the right to change its privacy policy at any time and notify You by
posting an updated version of the policy on its website.
By using this website
or the services provided through it after the Conditions of Use have
been varied, You agree to be bound by the varied Conditions of Use.
Exclusions and
Limitations of Liability
All statutory or implied terms, conditions or warranties concerning
the quality or condition of this website or any goods or services supplied
by Us to You through this website is limited to the fullest extent permitted
by law.
If We breach any term, condition or warranty which is implied by law
and which cannot lawfully be excluded, Our liability for a breach of
the applicable term, condition or warranty (other than a warranty implied
by section 69 of the Trade Practices Act 1974 (Cth) or corresponding
state legislation) is limited to, at Our election:
(a) in the case of goods, any one or more of the following:
(i) the replacement
of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the case
of services:
(i) the supplying
of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except to the extent
that liability may not lawfully be excluded, We will not be under any
liability to You (or any of Your officers, agents or employees) for
any loss of profit or anticipated profit, loss of data, loss of use,
damage to goodwill and loss due to delay, or other direct or indirect
loss or damage (including without limitation consequential loss or damage,)
however caused (including without limitation due to breach of contract,
negligence and/or breach of statute) which may be suffered or incurred
or which may arise from or in connection with Your use of this website
or Your use of or reliance upon any of the information, services and/or
materials contained in it or provided by it to You or Our negligence
or Our breach of Our obligations under these Conditions of Use. We do
not warrant that any of the functions contained in the website or your
access to the website will be uninterrupted or error-free, or that any
notifications (such as may be selected in the investor relations section
of the website), will be made in a timely manner, or at all.
The information contained in this website is derived from sources believed
to be true and accurate. However, the content may include errors and
changes or events may occur which cause the information to be inaccurate
or out of date. For various reasons substantial delays may occur before
particular information on the website is updated. Accordingly, We do
not warrant the reliability, accuracy, currency or completeness of that
information and any reliance by You upon that information is at Your
sole risk. You should satisfy yourself as to the currency and accuracy
of any information provided through this website.
You must indemnify Us and hold Us harmless against all loss, actions,
proceedings, costs, expenses (including legal fees), claims and damages
arising from any breach by You of these Conditions of Use, Your access
and/or use of the website or reliance on its contents or information
received through it by Yourself or any person accessing any content
through Your website.
Links to Other Sites
ACME will from time to time publish links to other websites on this
website. Contents, hyperlinks or information held on other websites
is not the responsibility of ACME. These links are provided for Your
convenience only and by accessing these linked websites You agree to
any terms of access or use imposed by those linked websites. We do not
endorse any material on those websites and do not provide any warranty,
or assume any responsibility, regarding the quality, accuracy, source,
merchantability, fitness for purpose or any other aspect of the material
on those websites, nor do we warrant that material on other websites
does not infringe intellectual property rights of any other person.
Copyright and
Trade Marks
The materials displayed on this website, including without limitation
all information, text, graphics, names, logos, trademarks, design, software
and advertisements ("Content") are protected by copyright,
trade mark and other intellectual property laws unless expressly indicated
otherwise on the website. You may access and display these pages on
a computer or a monitor, and print out for Your personal or internal
business use any page or part of any page of this website. All other
use, copying or reproduction (including reproduction on any other website)
of any part of this website is prohibited unless expressly stated otherwise.
You must not use this website in any manner or for any purpose which
is unlawful or which violates the rights of any owner of any content.
Unless expressly stated otherwise, nothing contained in this website
should be construed as a licence or right of use of any trademark displayed
on the website without the express written permission of the owner of
the trademark.
Viruses
We do not represent or warrant that this website and any other information
or material contained in, downloaded or accessible from this website,
is free from computer viruses (including macro viruses) or any other
defect or error which may affect Your software or systems. You should
protect Your software and systems by installing and implementing Your
own security and system checks.
Governing Law
The website under the domain names ACME.com and quantiferon.com are
created and controlled by ACME Limited in the State of Victoria, Australia.
The laws of Victoria govern these Conditions of Use, and You and We
submit to the exclusive jurisdiction of the Courts of Victoria and the
Federal Court of Australia.
We reserve the right to revise the content of, amend links from or withdraw
access to this website at any time without notice. You must terminate
your link to this website if we request you to do so, either directly
or by notice on this website.
ACME Website Privacy Statement
About this Privacy
Statement
This Privacy Statement
applies to this website which is operated by ACME Limited (ABN 86 094
962 133) under the domain names ACME.com and quantiferon.com ("ACME
Website").
ACME recognises
that Your privacy is very important to You and that You have a right
to control Your personal information. We know that providing personal
information is an act of trust. We value and take Your trust very seriously.
Unless You give us explicit consent to act otherwise, the following
policy will govern how ACME handles Your personal information and safeguards
Your privacy.
ACME is committed
to ensuring the protection of Your personal information and giving You
option regarding in who can use Your personal information and how it
can be used.
Frequent Review Recommended
As the ACME Website develops and as technology evolves, We will continue
to strive to provide You with a more effective website. It is recommended
and encouraged that You review this Privacy Statement periodically as
it may change from time to time.
Information collected
The information collected about You through the ACME Website may include:
· information collected when You register or update your details
in the Email Alerts area, for example your profile, including identifying
information such as Your name, mobile phone number, email address, physical
address and company information;
· personalisation preferences or requests for information You
select as You use the ACME Website, for example the kinds of Alerts
You would like to receive and the method of delivery;
· any messages or comments You submit to ACME via the ACME Website,
including identifying information such as Your name, email address and
telephone number, for example any emails collected through the "Contact
us" section;
· information submitted to online facilities such as search tools;
and
· tracking information We collect as You use the ACME Website
including which areas of the ACME Website You visit.
You may browse some information-only areas of the ACME Website without
providing any personal information. However, We may not be able to provide
the full range of services through the ACME Website if You do not provide
the information outlined above.
The ACME Website may contain links to websites operated by third parties.
These third party websites should contain their own privacy statements
and those third parties are responsible for informing You about their
own privacy practices.
ACME Email Alerts
ACME has made available Alerts, allowing visitors to the ACME Website
to register and subscribe to receive information on ACME via Email,
Fax and SMS. During the process of subscribing and registering for Alerts,
You will be required to give Us certain personal information such as
Your name, address, email address, etc and your preferences regarding
the Alerts sent to You from the ACME Website.
Updating Your
Information
When registering to receive Email Alerts, You are required to input
some personal information so that the alerts can be delivered to You.
You are also required to nominate which Alerts you want to receive and
the format in which You want to receive them. You can change your personal
details and Email Alert preferences at any time by clicking on the Email
Alerts link, logging in using Your username and password and then altering
your details as required.
Use and Disclosure
of Your Personal Information
ACME will not use or disclose any information about You without Your
consent unless:
· Required by law
· We believe it necessary to provide You with a service which
You have requested (such as the delivery of Alerts and tracking of communication
through a third party customer focused tracking system)
· To protect the rights or property of ACME, another visitor
to the ACME Website, or any member of the public
· To lessen a serious threat to a person's health or safety
How we handle email and "Contact us" messages
ACME may preserve the content of any email or "Contact us"
message that You send Us. Any personal information contained in Your
message will only be used or disclosed in ways set out in this Privacy
Statement. Your message content may be monitored by Our service providers
or ACME employees for trouble shooting, compliance auditing and maintenance
purposes or where email abuse is suspected.
Security
We use a number of mechanisms to protect the security and integrity
of Your personal information. Unfortunately, no data transmission over
the Internet can be guaranteed as completely secure. So while We strive
to protect such information, We cannot ensure or warrant the security
of any information You transmit to Us and You do so at Your own risk.
Once Your personal information comes into Our possession, We will take
reasonable steps to protect that information from misuse and loss and
from unauthorised access, modification or disclosure.
How to access the information which We hold about You
To the extent You are entitled under the Privacy Act and other applicable
laws, You can access Your personal information held by Us by contacting
the ACME Privacy Officer whose contact details are set out below.
Contact details
If You have any questions or feedback about privacy on the ACME Website
or this Privacy Statement please contact the ACME Privacy Officer at
quantiferon@ACME.com
Attention Privacy Officer
ACME International
1046A Dandenong Road
Carnegie Victoria 3163
Australia
Last Updated: 21st
January 2003
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