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| Agreement |
1.1 The healthychild.co.uk Site ("the
Site") is provided by healthychild.co.uk
("healthychild.co.uk") and the use of and the services provided therein
("the Services") is governed by the following Terms and Conditions
of Use ("the Agreement").
1.2 Any person
accessing this Site ('the User") and using the Services
provided therein agrees to follow and be bound by the terms
and conditions contained in this Agreement.
1.3 If the User
does not wish to be bound by the terms of this Agreement the
User shall immediately exit from this Site;
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| The Site |
2.1 This Site is subject to and protected by Copyright
under the Copyright Act 1968 (Cth) as amended and all rights are reserved
by healthychild.co.uk.
2.2 healthychild.co.uk
shall supply the Site and Services to the Users at such times
and by such means as healthychild.co.uk from time to time decides.
The Site and Services are not fault free and healthychild.co.uk makes
no guarantees or warranties that the Site and Services will
not be interrupted and the User shall be entitled only to
the quality of service provided by healthychild.co.uk from time to
time for Users generally.
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| Intellectual Property |
3. All information, trademarks, service marks and
registered trademarks or other form of intellectual property supplied to
healthychild.co.uk by persons wishing to advertise ("the Advertisers")
on this Site and displayed or appearing on this Site are presumed to be
and presumed to remain the property of the Advertisers.
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| No Warranty or Guarantees |
4.1 healthychild.co.uk supplies the Site and Services
on an As Is and As Available basis and gives no endorsements, representations,
warranties or guarantees, whether express or implied, including but not
limited to:
4.1.1 the accuracy, suitability, validity, legality and currency of information
("the Information") contained in the Services which
has been supplied by Advertisers;
4.1.2 the suitability, ownership and title, fitness for any particular purpose, merchantability,
quality and type of merchandise (" the Merchandise")
displayed on the Site or advertised through the Services;
4.1.3 whether any Information will be free of infection by viruses, worms,
trojan horses or any programme manifesting contaminating or
destructive properties; and
4.1.4 whether the Information provided will be free of adult-related or
other material that persons may find offensive.
4.2 All express or implied conditions or warranties, statutory or otherwise,
in relation to the Site, Services and Information are to the
extent to which it is legally permitted hereby expressly negatived
and excluded from this Agreement.
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| Exclusion of Liability of healthychild.co.uk |
5.1 healthychild.co.uk provides information, network and
messaging facilities and while all reasonable care is used in the provision
of the Site and Services, healthychild.co.uk shall not have any liability whatsoever
in contract, tort or otherwise to any party in respect of any loss or damage
(including without limitation direct or consequential loss, economic loss
or loss of other contracts) arising out of the provision of the Site and
Services, any inaccuracy or error or omission from any part of the Site
or Services or the Users inability to use the Site or Services and Information
contained therein.
5.2 In the event that this Agreement constitutes a supply of services to a
consumer as defined in the Trade Practices Act 1974 or relevant
State or Territory legislation, nothing contained in this
Agreement excludes restricts or modifies any condition, warranty
or other obligation where to do so would be unlawful, in such
event healthychild.co.uk's sole liability for breach of any such condition,
warranty or other obligation, including any consequential
loss which the User may sustain or incur shall be limited
to in relation to services the supplying of the services again
or the payment of the cost of having the service supplied
again as healthychild.co.uk may elect.
5.3 The User acknowledges that Advertisers may impose additional terms
and conditions governing the provision of their information
to the Site and Services and that any such terms and conditions
may include a disclaimer absolving such Advertisers from liability
regarding information and services provided on the Site.
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| Users' Obligations |
6. The User shall:
6.1 determine whether the Information and Merchandise meets with their requirements
by undertaking their own further research and inquries;
6.2 ensure they have the legal rights to store, reproduce or otherwise make
use of Information, Site and Services in the manner contemplated
by the User;
6.3 isolate Information, execute anti-contamination software and do all
things reasonably necessary to ensure that Information, if
contaminated or infected, will not damage the User's systems
and data;
6.4 comply with all legal requirements including but not limited to, laws
relating to the areas of copyright, intellectual property,
defamation, privacy and decency;
6.5 not restrict or inhibit any other User from using and enjoying the Site
and Services;
6.6 not post or transmit any unlawful, threatening, abusive, libellous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability,
or otherwise violate any local, state, national or international
law;
6.7 not post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component;
6.8 not post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through
the Services for commercial purposes (other than as expressly
permitted by the provider of such information, software or
other material);
6.9 not upload, post, publish, transmit, reproduce, or distribute in any way,
Information, software or other material obtained through the
Services which is protected by copyright, or other proprietary
right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or right holder; or
6.10 not upload, post, publish, reproduce, transmit or distribute in any way
any component of the Services itself or derivative works with
respect thereto.
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| Default |
7. healthychild.co.uk may (without prejudice to any other
right or remedy) deny the User access to all or part of the Site and Services
if in healthychild.co.uk's sole discretion it believes the User has or is likely
to fail to observe or perform any of the provisions of this Agreement; or
if healthychild.co.uk is of the opinion that the User has or may use the Site
and Services for any unlawful or improper purpose or in a manner that may
jeopardise the security or interface in the proper operation of any part
of the Site or Services.
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| Waiver |
8. If healthychild.co.uk shall grant to the User any extension
of time or other indulgence, the same shall not in any way affect or prejudice
the rights of healthychild.co.uk under this Agreement except to the extent of
the specific extension or indulgence.
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| Severability |
9. All provisions of this Agreement shall be severable
and no provision shall be affected by the invalidity of any other provision
and in the event that some provision is construed as illegal, invalid, void
or unenforceable the remaining provisions of this Agreement shall not be
affected thereby and shall be interpreted and enforced as if such illegal,
invalid, void or unenforceable provisions were not ever incorporated in
this Agreement.
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| Interpretation |
11. In this Agreement, unless the context otherwise
requires:
11.1 a reference
to a person includes any other entity recognised by law and
vice versa;
11.2 words importing
the singular number include the plural number and vice versa:
11.3 words importing
one gender include every gender;
11.4 any reference
to any of the parties by their defined terms includes the
executors, administrators and/or permitted assigns of that
party or, being a company, the successors and/or permitted
assigns of that party;
11.5 every agreement
or undertaking by more than one person in terms of this Agreement
shall bind and/or enure for the benefit of such persons jointly
and each of them severally;
11.6 headings
of Clauses have been inserted for guidance only and shall
not affect the construction or interpretation of any provision
of this Agreement;
11.7 where any
word or phrase is given a defined meaning in this Agreement,
any other part of speech or other grammatical form in respect
of such word or phrase shall have a corresponding meaning;
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