This web site is owned and operated by Capture Marketing, ABN 87 917 172 844

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In these terms and conditions, the terms we, us, our and Capture are a reference to Capture Marketing and its related entities.

Your access to this web site is conditional upon your acceptance and compliance with the terms set out below, our current Privacy Policy and any other terms, conditions, notices and disclaimers posted elsewhere on this web site (collectively, Terms of Use).

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By accessing and using this web site, you acknowledge that you have read and fully understand these Terms of Use, accept them as legally binding and waive your rights to make any claim against us inconsistent with them.

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We may amend or revise these Terms of Use from time to time. Amendments will take effect on the posting of updated versions of those documents on this web site. If you do not agree with these Terms of Use (including any amendments to them) you must immediately cease using this web site.

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Access

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We only allow access to our website on a temporary basis and may withdraw or amend the Website without notice.  We will not be liable if for any reason our website is unavailable at any time or for any period. We may restrict access to some parts of our website or our entire site to limited groups of users such as users who have registered with us.

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Intellectual Property

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Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

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• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

• commercialise any information, products or services obtained from any part of this web site; without our written permission.

 

All third party product or company names, devices, logos, icons, graphics or designs referred to on our website are or may be trademarks of their respective owners and are exhibited in good faith and in such a manner as intended to be for the benefit of such trademark owners. We do not give permission for their use by any person other with the consent of their owners. Any such use without consent may constitute an infringement of the owner’s rights. The appearance or absence of any third party products, services, companies, organisations, home pages or other websites on our website does not imply any endorsement or non-endorsement by Us.

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Competitions and Promotions

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From time to time we may run or offer competitions or promotions through this web site. Your participation in those competitions and promotions is governed by (in addition to these Terms of Use) the specific terms and conditions relating to each relevant competition or promotion (as the case may be) and subject to your satisfaction of any eligibility criteria described in those terms and conditions.

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Links

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This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

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Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

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Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this web site are matters that are solely between you and such advertisers.

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Privacy Policy

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In using this web site, you may give us personal information in which you have certain rights. You grant us consent to use your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

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General Disclaimer

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This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

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We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

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To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

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Specific Warnings

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You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

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You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

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Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

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Security of Information

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Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

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Governing Law

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These terms and conditions are governed by the laws in force in South Australia and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

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General

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We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

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If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.

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If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force

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Changes to the Website

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We are constantly looking for new ways to improve our website and if the need arises, we may suspend access to it. Accordingly, some of the material on our website may be out of date at any given time and, except as required by law, we are under no obligation to update such material.

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Changes to these Terms

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We may amend these Terms at any time. All such changes will take effect once they have been posted on the Website and you will be deemed to have accepted any such changes by your use of the Website from such time.

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