Terms & Conditions
1. INTELLECTUAL PROPERTY RIGHTS
1.1 This site contains material that is owned or licensed by Apogee Image Consultants. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software without written permission.
1.2 All brand names, product names and titles used in this website are trade names, and in some instances trade-marks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
2. YOUR CONDUCT
2.1 You must use the website for lawful purposes only.
2.2 You must not send for display on the website any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.
2.3 You must not send material containing software viruses or otherwise use the website in any way that interrupts access to it.
3. HYPERTEXT LINKS
3.1 The website may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.
3.2 You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.
5.1 We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.
6.1 You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which the website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.
6.2 We do not guarantee uninterrupted availability of the website but shall make reasonable efforts to minimise any periods during which the website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.
7. LIMITATIONS OF LIABILITY
7.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
7.2 Further to clause 8, we are providing this website on an “AS IS, AS AVAILABLE” basis to users. You use this website at your own risk.
7.3 Subject to 6.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:
7.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you;
7.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
7.3.3 any increase in loss or damage results from a breach by you of any term of this contract.
7.4 Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
7.5 Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
7.6 We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
8.1 You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.
9.1 Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
9.2 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
9.3 Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party.
9.4 These terms and conditions will be governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the Australian courts.
9.5 Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside Australia and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
11. CONTACT US
11.1 For comments relating to the content of the website generally, please email us at firstname.lastname@example.org.
The content on this website is maintained by Apogee Image Consultants. The website production team can be reached by email at email@example.com.
We take your online privacy seriously. You may visit this site anonymously as often as you like without providing any personally identifying information (such as your name, address or email address). We do not collect personally identifying information from you except when you specifically provide it, and we protect the information we receive. We do not share your details with third parties. Please read below for a further explanation of the information we gather and how we use it.
1. DATA COLLECTION
As you explore our website, you may come across places in which we ask you to provide us with information about yourself. We explain each of these below. We will not use your name or email address for any purpose other than as stated.
1.1 We may ask for your email address and your name so that we can contact you. If you decide to enter into correspondence, we will not use your name or email address for any purpose other than as stated.
1.2 In some places in this site, we may ask for your feedback, opinion or suggestions, and provide you with a link for emailing us your response. But again we will only use the email address we receive from you for the purpose of responding to your questions or suggestions.
2. STORAGE & DISCLOSURE OF DATA
2.1 We will retain the data we hold concerning you for as long as it is necessary to do so. We will retain and only disclose personal data to authorised authorities without your consent where we are required to do so under the law.
3. REMOVING YOUR DATA
3.1 If you have previously provided us with your email address or any other information and later decide that you do not want us to have it, you may ask us to delete it by e-mailing us: firstname.lastname@example.org.
4.1 Cookies are electronic tags that most websites place on your computer in the process of sending your computer a file, such as a web page. In short, we don’t use any cookies.
5. LINKS TO OTHER SITES
5.1 Our site contains links to other sites that are not under our control. Such other sites do not necessarily follow our privacy policies, and may place their own cookies on your computer. This practice is standard on the Web. We do not control cookies placed on your computer by third parties whose advertising or links appear on our site.
6. DATA SECURITY
6.1 We would like to be able to tell you that the personal information you provide us with is absolutely safe. Unfortunately, several well-publicised instances of computer security breaches make it impossible for anyone to be so confident. However we take reasonable steps to protect the information you provide us from theft, alteration or unauthorised inspection.