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THIS WEB SITE IS OWNED AND OPERATED BY CICADA MOBILE PTY LTD
(trading as Gecko). ("Gecko," "we," or "us"). PLEASE READ THESE
TERMS AND CONDITIONS OF USE (the "Terms") CAREFULLY BEFORE USING
THIS SITE OR PERMITTING YOUR CHILD TO USE THIS SITE. Your use of
this website or other Internet services provided by Gecko (the
"Services") constitutes acceptance of these Terms. If you do not
agree to these Terms, please do not use the Services. We reserve the
right to change, add, or remove any of these Terms at any time by
posting changes on this page. Your continued use of the Services
following the posting of changes to these Terms means you accept
such changes.
User conduct
You expressly agree that you and/or your minor child will not use
the Services for any purpose that is unlawful or prohibited by these
Terms. You agree to abide by all applicable local, state, national,
and international laws and regulations and are solely responsible
for all acts or omissions that occur under your user name, including
the content of your transmissions through the Service. Any
unauthorised commercial use of the Services, Gecko's servers, or
Internet infrastructure, is expressly prohibited. Without Gecko's
prior written consent you may not reproduce, distribute, modify,
display derivative works based on, repost, or otherwise use the
content of this website. Nothing contained herein shall be construed
as conceding any license or right under any copyright or other
intellectual property right.
Gecko reserves the right to monitor, review, retain, and/or disclose
any information necessary to satisfy any applicable law, regulation,
legal process, or legitimate governmental request.
Registration and passwords
In order to use the Services, you may be required to register
with us. By registering, you agree to provide accurate and complete
information about yourself and to maintain and update the
information. During the registration process, you may be asked to
designate a user name and password. You are responsible for
maintaining the confidentiality of your user name and password, and
you are responsible for all activities that occur under your user
name and password, whether or not authorised by you.
Minors
You may not register on the site unless you are at least 13 years
old. By registering on the site you are representing to us that you
are at least 13 years old. If you are under 18, you should get your
parent's permission before using the site.
Parental control protections (such as computer hardware, software,
or filtering services) are commercially available that may assist
you in limiting access to online material that is harmful to minors.
If you are interested in learning more about these protections,
information is available at safetysurf.com, as well as at a number
of other Internet sites that provide information on this type of
protection.
Disclaimers/limitation of liability
Your use of the Services is at your risk. Neither Gecko nor any
other party involved in creating, producing, or delivering the
Services is liable for any direct, indirect, incidental,
consequential, or punitive damages arising out of your access to, or
use of, the Services. The material contained in this website may
contain inaccuracies and errors. Gecko does not guarantee that the
functional aspects of the web site will be uninterrupted or
error-free or that this website or the server that provides it are
free of viruses or other harmful components. Gecko also assumes no
responsibility and shall not be liable for any damages to, or
viruses that may infect, your computer equipment or other property
on account of your access to or use of the Services or your
downloading of any materials, data, text, images, video, or audio
from this web site.
Links
Gecko has not reviewed all of the sites that you may link to from
this website. These sites may contain information or material that
some people may find inappropriate or offensive. Gecko does not
endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites. We offer these links to you only as a convenience, and
inclusion of any link does not imply endorsement of the site.
Your dealings with third parties accessed through this site,
including payment and delivery of goods or services offered by such
third parties, are solely between you and such third parties. You
agree that Gecko is not responsible or liable for any loss or damage
you incur as a result of your dealings with such third parties
through this site.
Trademarks
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on this web site are registered and
unregistered trademarks of Gecko and others. Your misuse of the
Trademarks displayed on this website is strictly prohibited. Nothing
contained on this website should be construed as granting any
license or right to use any Trademark displayed on the site without
the written permission of Gecko or such third party that may own the
Trademark.
Copyright
You should assume that all the material you see or read on this
website or download from our servers is protected by copyright
unless otherwise stated and may only be used according to these
terms and conditions. Any unauthorised use of such material may
violate copyright laws, trademark laws, the laws of privacy and
publicity, as well as other communications regulations and statutes.
Gecko does not warrant or represent that your use of materials
displayed on this web site will not infringe rights of third parties
who are not owned or affiliated with Gecko.
Procedure for making claims of copyright infringement
Gecko respects the intellectual property rights of others, and we
ask you to do the same. If you believe that your work has been
copied and is accessible through the Services in a way that
constitutes copyright infringement, you may notify us by providing
us with the following information:
the electronic or physical signature of the copyright owner or the
person authorised to act on behalf of the owner of the copyright
interest;
a description of the copyrighted work that you claim has been
infringed and a description of the infringing activity;
a description of the location of the material that you claim is
infringing;
your name, address, telephone number, and email address; and
a statement by you, made under penalty of perjury, that the above
information is accurate and that you have a good faith belief that
the disputed use is not authorised by the copyright owner, its
agent, or the law.
Gecko's agent for notice of claims of copyright infringement is its
Privacy Manager, who can be reached as follows:
By mail:
Privacy Manager
Gecko
73 Smith Street,
Balmain NSW 2041
By phone: 1300 GO GECKO (1300 46 43256)
By email:
privacymanager@geckoworld.com.au
General
These terms and conditions constitute the entire agreement
between you and Gecko with respect to the Services, superseding any
prior agreements between you and Gecko. These terms and conditions
are governed by the laws of Australia and the state of New South
Wales without regard to conflicts of law provisions. If you use the
Services from locations outside Australia. you are responsible for
compliance with local laws and regulations. Use of the Services is
unauthorised in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without
limitation this paragraph. The failure of Gecko to exercise or
enforce any right or provision of these terms and conditions shall
not constitute a waiver of such right or provision.
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