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INTRODUCTION

This Site has been provided by Magnattack® Global as an online information service. The below sets forth the Terms of Use Policy (the ‘terms’) of the Magnattack® Global website (the ‘Site’). Please read these terms carefully. By using this Site, you accept and agree to be bound by these terms. If you do not accept these terms, you should not use this Site.

The right to use products or services by Magnattack® Global is personal to you and is not transferable to any other person or company.

SITE OWNERSHIP

The Site and any subdomains are owned and operated by Magnattack® Global, an Australian company with its headquarters in Unanderra, Australia. As such, Magnattack® Global operates under the laws of Australia.

USE LICENSE

You are permitted to browse, read, print, and download material displayed on this website for your own personal non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this policy, as well as in our terms and conditions policy, and provided all copyright, trademark and other proprietary notices are kept intact. You may not copy, reproduce, upload, republish, transmit or distribute in any way the contents of this site – including the content, text, images, drawings, audios, videos, documents, databases, files, and other items (material) for any public or commercial purposes without prior written consent from Magnattack® Global.

You are prohibited from selling, renting, modifying, reproducing, displaying, or otherwise using the Site’s content or materials in any way for any public or commercial purpose. All copyright and other propriety notices must be retained on copies you make of the Site or the Site’s material or content. You may not use the Site or any part or content of this Site in a frame or on any other internet site in any way. The use of this Site or this Site’s material and content on any other site or server or in any other way is strictly prohibited unless prior written consent has been given by Magnattack® Global.

Your use of the Site constitutes your agreement and acceptance of these notices, terms, and conditions set forth herein, without any form of modification. You agree to use the services and material in a manner consistent with all applicable local, state, and federal laws and regulations.

You are not permitted to use this Site for any purpose that is unlawful, immoral, or prohibited by these terms. You are not permitted to store, transmit, copy, republish, or distribute any material which infringes or violates the rights of others, or which is unlawful, threatening, obscene, indecent, defamatory, otherwise objectionable, or is invasive of the rights, privacy, or publicity of others. Magnattack® Global prohibits conduct that in any way may constitute a criminal offence, give rise to civil liability, or violate any law.

Any activity that restricts or inhibits any other user from using the services of the Company is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.

COMMERCIAL USE OF MATERIAL AND FEES

The Company authorizes the use of textual and graphical material on this Site for commercial use under special circumstances. To use such material in any publication for commercial use the fee of $500AUD + GST applies where applicable per copy for printed material or $500AUD + GST applies where applicable per page per day for online reproductions.

By using any graphical or textual material from this Site you agree to incur these charges and agree to be invoiced for the full amount within the standard terms of service offered by this company.

Prior written consent must be given from Magnattack® Global before use of this Site or this Site’s content and material for commercial use.

INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHT

Unless otherwise noted, all materials including (but not limited to) content, logos, brand names, images, designs, photographs and other material that appear as part of this Site are copyrights, trademarks, service marks, and/or other intellectual property whether registered or unregistered, owned, controlled, or licensed by Magnattack® Global. This Site, along with any names, signs, products, content, logos, text, images, drawings, audio clips, videos, layouts, documents, databases, files and other items, are protected by Australian and foreign copyright, trade name and trademark laws. You are strictly prohibited to copy, reproduce, upload, republish, transmit, or distribute the said materials in any way.

Any translation, modification, adaption or arrangement, or any use of the whole or of any part of the Site and Magnattack® Global’s protected elements, by any means or in any form, is strictly prohibited. You are prohibited from using any trade name or trademark without prior written consent from Magnattack® Global or any third party that owns the trademarks displayed on the Site. Unauthorized use, storage, transmission, reproduction or distribution of the Site or the Site’s content and material may violate copyright, trademark and other laws. Nothing contained on the Site should be construed as granting any licence or right to use any trademark displayed on the Site without prior written consent from Magnattack® Global.

If you violate these conditions or any conditions set out in these terms or any other Magnattack® Global policy, your permission to use the Site’s material is automatically terminated and you will be required to immediately destroy any copies you have made of the Site or the Site’s content and material.

DATA PROTECTION

This Site collects non-personal information regarding the behaviour of users on the Site for statistical and marketing purposes. The user may submit personal information when requesting a download or submitting a web form. This information is held securely and kept confidential. For more information on how data is collected and used, and the measures that are taken to ensure the user is protected, please read the Magnattack® Global Privacy Policy.

LINKS

Our Site contains hyperlinks to third party websites. The linked sites are not under the control of Magnattack® Global, nor does Magnattack® Global accept any responsibility for the content of any such linked site or for the content of any site linked to such linked site. Magnattack® Global does not endorse companies or products to which it provides hyperlinks. Magnattack® Global reserves the right to terminate hyperlinks on the Site at any given time. If you choose to access or use any third party site, content, software, goods, or services, you do so at your own risks and Magnattack® Global accepts no responsibility.

Your purchase of products or services through a third-party site that may be linked to from this Site is subject to terms and agreements in effect between yourself and the providers of the other site. You agree that you will not bring a suit or claim against Magnattack® Global or any of its affiliates based on the use of a linked site, or a product or service you acquired from a linked site.

Magnattack® Global disclaim liability for the acts, omissions, or conduct of any third-party user of this Site or any advertiser or sponsor of the Site. Magnattack® Global and its suppliers, distributors, officers, directors, employers, agents, or licensers will not be held responsible or liable for any injury, loss, damage (including special, indirect, incidental, or consequential) or expense arising in any manner whatsoever from the acts, omissions or conduct of any third party, nor from the use or inability to use any materials, software, content, goods, or services located at or made available at any site linked to or from this Site.

CONTENT & UPDATES

Magnattack® Global reserves the right to make amendments to this Site, including modifications to content or policies, without prior notice. All such updates, modifications, changes, and alterations to the Site’s content or policies are binding on all users and browsers of the Site. Magnattack® Global also reserves the right to impose new terms, conditions, and policies at any time. Such changes or new terms will be effective immediately.

Magnattack® Global takes great care maintaining this Site and in providing accurate and up-to-date content such as (but not limited to) content included on equipment or application information pages. Magnattack® Global does not guarantee the correct and actual status of such content. The information, content, and material on the Site has been provided in accordance with the notices, term, and conditions of this policy, and other Magnattack® policies on the Site. The materials are not guaranteed to be complete, correct, or up-to-date. Materials on the Site may be changed at any time without prior notification. Magnattack® Global will not be held liable to the content of the Site, the software on the Site, or for the use of the Site content and material.

LIABILITY

The Site or the Site’s content and material may contain inaccuracies or typographical errors. Magnattack® Global takes no responsibility or representations about the reliability, accuracy, completeness, or timeliness of the Site’s material and content. Magnattack® Global takes no responsibility or representation of the results that are obtained from using the Site or the Site’s material and content. Use of and browsing of the Site is at your own risk. Magnattack® Global will not be held liable for any loss of profits, revenues, indirect, special, incidental, consequential, or other similar damages arising out of or in connection with this Site or out of the use of any of the services proposed by means of this Site.

Magnattack® Global does not warrant that the software, on-line applications, or any other services provided by the Site or the Site’s operations are error-free or virus-free or that their use will be uninterrupted. Magnattack® Global will not be held responsible if your use of the Site or the Site’s content and material results in the need to service or replace computer equipment or data, or any other equipment and property. Magnattack® Global does not warrant that the Site and the Site’s contents, material, services, software text, graphics, or links will be complete, accurate, reliable, or timely. Magnattack® Global does not warrant that defects and errors in this site will be corrected, or that communications to or from this site will be secure or not intercepted. Magnattack® Global will not be responsible of any costs relating to the above-mentioned subjects. Magnattack® Global and its suppliers, to the fullest extent permitted by law, disclaims all warranties related to the above, including (but not limited to) those of accuracy, condition, merchantability, non-infringement of third-party rights, and fitness for particular purpose.

The Site and the Site’s content and material are provided on an ‘as is’ basis without any warranties of any kind. By accessing and using this site, you agree and acknowledge that use of the Site and the Site’s material and content is entirely at your own risk.

CONSEQUENTIAL DAMAGES

Magnattack® Global, its suppliers, directors, employees, agents, distributors, or any third parties mentioned on the Site will not be held liable for any damages whatsoever (including but not limited to, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the material or the use of any linked site and material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Magnattack® Global is advised of the possibility of such damages.

SOFTWARE LICENSES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, which may be provided to you in order to access specified areas within the Site. You may not sublicense, assign, or transfer any licenses granted by Magnattack®, and any attempt at such sublicense, assignment, or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.

INDEMNITY

You agree to defend, indemnify, and hold harmless Magnattack® Global, its officers, directors, employees and agents, from and against any claims, actions or demands, costs and expenses (including, but not limited to, reasonable legal and accounting fees), alleging or resulting from your use of or inability to use the Site and the Site’s material or any linked site (including your use of, reliance on, publication, distribution, communication, uploading or downloading anything from the Site or linked site), products you purchase from the Site or any linked site, or your violation of the terms or conditions of this agreement, or your violation of any laws and regulations.

SECURITY OF INFORMATION ON THE INTERNET

You should be aware that information sent or received over the internet may be insecure. Magnattack® Global cannot, does not, and will not, make any representation or warranty concerning security of any communication to and from this Site, nor any representation or warranty regarding the interception by third parties of personal or other information.

CHOICE OF LAW AND FORUM PROVISIONS / GOVERNING LAW & JURISDICTION

This Site resides on a server in Sydney, Australia. You agree that these Terms and your use of this Site are governed by the laws of Australia. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Australia in all disputes (a) arising out of, relating to, or concerning this Site and/or these terms, (b) in which this Site and/or these terms is an issue or a material fact, or (c) in which this Site and/or these terms is referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. Magnattack® Global has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these terms is at your own risk and, if any part of these terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms shall govern such use.

DISCLAIMER

The material and content posted on this site are provided ‘as is’ without any express warranty or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Magnattack® Global be liable for any damages whatsoever (including, but not limited to, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, even if Magnattack® Global has been advised of the possibility of such damages.

Because some jurisdictions prohibit the exclusion or limitation of liability for consequential and or incidental damages, the above limitation may not apply to you. Furthermore, Magnattack® Global does not warrant the accuracy or completeness of information of links or other items contained within these materials that have been provided by third parties.

CONTACTING US

Magnattack® Global welcomes your comments regarding this Terms of Use Policy. If you have any questions or would like further information, please contact us.