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WEBSITE TERMS OF USE

Synthesis 345 Pty Limited ABN 79 273 742 574 (we, us and other similar expressions) welcomes you, the viewer of our Internet website at http://www.synthesis345.com/ (Website).

Acceptance of terms

We provide the Website subject to these terms of use. Before you access the Website, it is important that you read, understand, and agree to these terms of use. Please help us keep the Website clean. If you see anything that violates these terms of use, please send details to us at feedback

Territorial restriction

The Website is provided for access only by users located within the Commonwealth of Australia. We make no representation that the content available on or through the Website is appropriate or available for use outside the Commonwealth of Australia. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent applicable.

Privacy policy and personal information

We treat all personal information submitted to us in accordance with our Privacy Policy, which is available online for you to read or print out. To see our Privacy Policy go here

Varying these terms

We may change these terms of use from time to time without notice to you. It is important that you regularly review the most up to date version of these terms of use, as they will be the terms on which you access the Website at any time. If you bookmark this page, to conveniently review these terms of use when you use the Website, you should up-date your bookmark regularly. 

Content

In general, this information is presented for the purposes of promoting the goods and services of Synthesis345. We make no representation about the accuracy of the content that has not expressly originated from us.

You must evaluate, and bear all risks associated with the use of content available on or accessible from the Website, including your reliance on the accuracy, completeness, or usefulness of it. By using the Website you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:

the accuracy or otherwise of the content displayed or omitted from the Website;

any person’s reliance on content available or omitted from the Website;

any loss in connection with the use of the Website.

Linked sites

The Website may be linked to other websites over which we have no control.  We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We make no representations about the accuracy of content contained on those websites. We are not liable for the content on those websites.

Dealings with us

We only supply goods and services subject to our standard terms and conditions that apply to the particular supply. 

Dealings with third parties

Your communications or dealings with, or participation in promotions of, third parties found on or accessible from the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of these dealings or as the result of the presence of third party content on the Website.

Our proprietary rights

The content on the Website, including but not limited to text, photographs, images and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes).

You may download a single copy of any content contained on the Website, solely for your personal use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content.

You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use – unless specifically permitted by us in writing. Your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal use, violates the intellectual property rights and proprietary rights of the content owners and is prohibited.

Violation of intellectual property rights may result in significant civil liability or criminal penalties under Australian and/or worldwide intellectual property laws. Reproduction or use of content, except as authorised by these terms of use, is considered intentional infringement.

Trade marks

Our name and other trade marks, including the distinctive Synthesis 345 logo, which appears on the Website, are our trade marks or the trade marks of other third parties (Trade Marks).

Nothing contained on the Website is to be construed as granting, by implication, estoppel, or otherwise, any license or right to display, use or link to the Trade Marks, whether registered or unregistered, without our prior written permission or the prior written permission of the relevant third party owner.

Your use of the Trade Marks, except as permitted in these terms of use, is strictly prohibited.

Software

The software used in connection with the Website is protected by copyright and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes).

The software is owned and controlled by us or our licensors.  We grant you a personal, non-transferable and non-exclusive license to use the object code of the software on a single computer solely for the purpose of learning about us and the types of goods and services we offer, subject to these terms of use. We may terminate the license at any time without cause or notice to you.

You must not access the Website by any means other than through the home page interface that is provided by us for use in accessing the Website at http://www.synthesis345.com/. You must have our prior written permission to link to any content on the Website.

Other prohibited conduct

You must not:

attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Website;

take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; or

use the Website for any purpose that is unlawful or prohibited by these terms or use, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.

Limitation of Liability

IMPORTANT NOTICE:

Terms conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these terms and the contract between you and us to the extent required by that law.

We exclude to the extent permitted by law all other terms, conditions and warranties which might be implied into these terms and the contract between you and us.

Subject to paragraphs (*) to the extent permitted by law our sole liability for breach of contract, breach of statutory duty, negligence, or other tort is limited at our option to –

In relation to the goods we supply:

replacement of the goods or the supply of equivalent goods; or

repair of the goods; or

payment of the cost of replacing the goods or of acquiring equivalent goods; or

payment of the cost of having the goods repaired.

In relation to services we supply:

the supplying of the services again; or

the payment of the cost of having the services supplied again.

You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these conditions. In particular, we make no waranty that the Website or the Services will always be available, accessible, secure or operate without error.

* You release us from any liability to you for any loss or damage sufferred by you arising from or related to:

our supply or non-supply of our services to you;

the accuracy or otherwise of the content displayed or omitted from the Website;

your reliance on content available or omitted from the Website;

your use of the services provided on the Website.

* You indemnify us from any claim made by a third party against us for any loss or suffered by a third party arising from or related to:

our supply or non-supply of our services to you or the third party; 

the accuracy or otherwise of the content displayed or omitted from the Website;

your reliance by the third party on content available or omitted from the Website;

the use of the services provided on the Website by the third party.

You indemnify us against any loss or damage which we suffer arising from your breach of these terms.

For the purposes of this paragraph :

the expression loss or damage includes, but is not limited to, loss or damage caused by the loss of or damage to property, personal injury or death, damage to reputation or goodwill, as well as direct and indirect or consequential costs, losses, expenses, lost profits and lost savings; and

the expression the supply or non-supply of the services includes, but is not limited to, an act or omission that constitutes or results in negligence, or other tort, or in a breach or alleged breach of contract or statutory duty.

Disclaimer

You agree that:

your use of the Website, and any content downloaded or otherwise obtained through the use of the Website, is done at your own discretion and risk;

you are solely responsible for any damage to your computer system or loss of data that results from the download of content available on or through the Website;

the Website is provided on an "as is" and "as available" basis;

we disclaim all warranties of any kind in relation to use of the Website and content on or accessible from the Website, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement; and

we make no warranty that:

the Website will meet your requirements;

the Website will be uninterrupted, timely, secure, or error-free;

results that may be obtained from the use of the Website will be accurate or reliable;

the quality of any goods and services promoted on the Website will meet your expectations; and

any errors in the Software will be corrected;

no advice or information, whether oral or written, obtained by you from us or accessible from the Website creates any warranty not expressly stated in these terms of use.

General information

These terms of use supersede any prior agreements between you and us in respect of your use of the Website.

These terms of use and the relationship between you and us are to be governed by the laws of the Commonwealth of Australia and the State of New South Wales without regard to its conflict of law provisions. You agree to submit to the personal and non-exclusive jurisdiction of the courts in the State of New South Wales.

Headings in these terms of use are for convenience only and do not affect interpretation.

Our failure to exercise or enforce any right or provision of these terms of use must not be treated as a waiver of the right or provision.

If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision. The other provisions of these terms of use are to remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action against us (our related corporations and the officers, employees and agents of each) arising out of or related to use of the Website or these terms of use must be filed within one year after the claim or cause of action arose, or be forever barred.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of the Website.

Your rights and obligations under these terms of use are personal and may not be assigned or dealt with in any way without our permission, which we may withhold in our absolute discretion.

 
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