Ownership of Material, Software Licences & Intellectual Property Rights
All materials displayed or otherwise accessible through these websites. including, without limitation, articles, text, photographs, images, illustrations, computer software and code, and the website, itself, are protected under Australian and foreign copyright or other laws, and are owned by Gear Concern Pty Ltd.
Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet ( including placing on another website ), transmission, redistribution or other exploitation of these websites or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of Gear Concern Pty Ltd.
All software embedded in or located on or at these websites, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Gear Concern Pty Ltd, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into these websites, subject to
- the terms and conditions of this Agreement, and
- any additional conditions which may be imposed on your access and use of such Software.If these websites provides Software or documents for download, unless otherwise provided, you are hereby granted, subject
- to the terms of this Agreement and
- to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to
- install and run one copy of the Software in object-code format on a non networked computer for your personal, non-commercial use; and
- to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
- Except to the extent expressly permitted in this Agreement, you may not:
- use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part;
- sell, rent, lease, licence, trade, transfer or otherwise provide access to the Software;
- alter, remove or cover any trademarks or proprietary notices included in the Software; and/or
- disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in these websites shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into these websites or made available for download from these websites, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into these websites is provided as is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty
- that the Software is of merchantable quality or is fit for any particular purpose;
- that the Software will conform with any specification(s) relating to the Software;
- that the Software will be free from material defects;
- that the Software contains no computer viruses or other contaminants; or
- that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
These websites and all content are provided on an ‘as is’ basis. By accessing and using these websites you acknowledge and agree that use of these web sites and the content is entirely at your own risk.
Gear Concern Pty Ltd makes no representations nor warranties regarding these websites and the content, including, without limitation, no representation or warranty:
- that these websites and/or content will be complete, accurate, reliable, suitable or timely;
- that any content, including, without limitation, any information, data, software, product or service contained in or made available through these websites will be of merchantable quality or fit for a particular purpose;
- that the operation of these websites will be uninterrupted or error free;
- that defects or errors in these websites will be corrected;
- that these websites will be free from viruses or harmful components; and
- that communications to or from these websites will be secure or not intercepted.
Gear Concern Pty Ltd may receive commissions from third party companies as ‘affiliate’ compensation. We also may receive free products from time to time to review or make comment on. Notwithstanding Gear Concern Pty Ltd always delivers a true opinion of the product or service. The information contained on these websites is for information purposes only. It is not intended to provide accounting, legal investment, financial, or other advice to you, and you should not rely upon the information to provide any such advice.
All information posted on these websites is intended only as a basis for further discussion, enquiry and study. Gear Concern Pty Ltd disclaims any liability for direct, indirect or consequential loss arising in connection with the use of the contents of these websites or reliance on those contents by any person or organisation, whether in its original form or altered in some way by the user.
Gear Concern Pty Ltd gives no warranties nor does Gear Concern Pty Ltd make any representation in respect of the contents of these websites. Gear Concern Pty Ltd advises users of these websites to seek their own appropriate independent professional advice to matters raised in these websites.
Limitation of Liability
(A) To the extent permitted by law Gear Concern Pty Ltd aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content is limited to the following, the choice of which is at Gear Concern Pty Ltd‘s sole discretion:
- In the case of goods anyone or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired: or
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
(B) To the extent permitted by law Gear Concern Pty Ltd will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(C) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
Gear Concern Pty Ltd expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of these websites or any advertiser or sponsor of the website. Under no circumstances shall Gear Concern Pty Ltd and its officers, directors, employees, agents licensors be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from these websites. If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to these web sites, you do so entirely at your own risk.
You hereby release Gear Concern Pty Ltd and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them arising from your purchase or use of any products or services made available through these websites or by third parties through these websites.
Links, Downloads, Features and Advertisements
These websites contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Gear Concern Pty Ltd of the contents of such third-party web sites.
We take no responsibility for the accuracy, content, or any aspect of that material. And disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit of claim against Gear Concern Pty Ltd or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that Gear Concern Pty Ltd or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo, or copyright symbol of Gear Concern Pty Ltd or any of our affiliates.
Gear Concern Pty Ltd is not responsible for the content of any third-party web site. Nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation
- any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site;
- any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or
- any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free. that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Gear Concern Pty Ltd encourages links to these websites, it does not wish to be linked to or from any third-party web site which:
- contains, posts or transmits any unlawful, threatening, abusive, libellous. defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind; including without limitation. any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Gear Concern Pty Ltd or which contains, posts or or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
- contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy, or which is protected by copyright, trademark or other proprietary rights. Gear Concern Pty Ltd reserves the right to prohibit or refuse to accept any link to these websites, including, without limitation, any link which contains or makes available any content or information of the aforementioned nature, at any time. You agree to remove any link you may have to these websites upon the request of Gear Concern Pty Ltd.
You agree to indemnify, defend and hold harmless Gear Concern Pty Ltd and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Gear Concern Pty Ltd website or any Gear Concern Pty Ltd website content or other content to which the Gear Concern Pty Ltd website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Gear Concern Pty Ltd website; and/or (iv) your violation of any law or regulation.
Registration and Use of Passwords
To access particular pages and features of these websites, you may be asked to register with Gear Concern Pty Ltd. You agree:
- that Gear Concern Pty Ltd reserves the right to refuse registration access to any individual or organisation at any time;
- to provide true, accurate, current and complete information about yourself as prompted by any form provided by Gear Concern Pty Ltd; and
- to maintain and promptly update the information you provide to keep it true, accurate, current and complete.
To access particular pages of these websites, you may need to use a username and password, which you will receive through our website registration process. It is your responsibility to maintain the confidentiality of the password and account, and you are responsible for all activities that occur using your password or account. You agree to notify Gear Concern Pty Ltd immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Gear Concern Pty Ltd cannot and will not be liable for any loss or damage arising from your failure or Gear Concern Pty Ltd failure to protect your password or account information.
Security of Information on the Internet
You should note that information sent or received over the Internet is generally unsecure and Gear Concern Pty Ltd cannot and does not make any representation or warranty concerning security of any communication to or from these websites or any representation or warranty regarding the interception by third parties of personal or other information.
Governing Law and Jurisdiction
These websites (excluding linked Web sites) are controlled by Gear Concern Pty Ltd based in the state of Queensland, Australia. By accessing or using these websites, you agree that all matters relating to your access to, or use of, these websites shall be governed by the laws of the state of Queensland and the laws of Australia. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Australia and/or the courts of the state of Queensland with respect to such matters.