Terms and Conditions
Introduction and Acceptance of Terms of Use.
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site").
This Agreement constitutes the legal agreement between The Old Swan Barracks and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
Limited Right to Use.
The viewing or downloading of any content, graphic, form or document
from the Site grants you only a limited, non-exclusive license for
use solely by you for your own personal use and not for republication,
printing, saving, downloading, distribution, assignment, sublicense,
sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical,
and is not for resale or redistribution.
Communications.
Except for any disclosure by you for technical support purposes,
or as specified in our Privacy Statement, all communications
from you to this website will be considered non-confidential
and non-proprietary. You agree that any and all comments,
information, feedback and ideas regarding our company, products
or services that you communicate to The Old Swan Barracks ("Feedback")
will be deemed, at the time of communication to The Old Swan Barracks,
the property of The Old Swan Barracks, and The Old Swan Barracks
shall be entitled to full rights of ownership, including without limitation,
unrestricted right to use or disclose such Feedback in any form,
medium or technology now known or later developed, and for any purpose,
commercial or otherwise, without compensation to you. You are solely
responsible for the content of your communications and their legality
under all laws and regulations. You agree not to use this website to
distribute, link to or solicit content that is defamatory, harassing,
unlawful, libellous, harmful to minors, threatening, obscene, false,
misleading, or infringing a third party intellectual or privacy rights.
Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas of this website is restricted
to authorised users only. You will be asked to provide accurate and current information
on all registration forms on this website. You are solely responsible for maintaining
the confidentiality of any username and password that you choose or is chosen by your
web administrator on your behalf, to access this website as well as any activity that
occur under your username/password. You will not misuse or share your username or
password, misrepresent your identity or your affiliation with an entity, impersonate
any person or entity, or misstate the origin of any Materials you are exposed to
through this website.
Monitoring.
Although The Old Swan Barracks is not obligated to do so, it will have the
right to review your communications on this website to determine whether you
comply with our Terms of Use. The Old Swan Barracks will not have any
liability or responsibility for the content of any communications you post to
this website, or for any errors or violations of any laws or regulations by you.
The Old Swan Barracks will comply with any court order in disclosing the identity
of any person posting communications on this website. It is advisable that you
review our privacy policy before posting any such communications. Please note
that when you conduct transactions with other companies providing content via
this website, you will also be subject to their privacy policies.
Links to Other Sites.
The linked sites are not under the control of The Old Swan Barracks and
The Old Swan Barracks is not responsible for the content of any linked
site or any link contained in a linked site. The Old Swan Barracks
reserves the right to terminate any link at any time. The Old Swan Barracks may provide links from this website to other sites as a
convenience to you and in no way should this be interpreted as an endorsement
of any company, content or products to which it links. If you decide to
access any of the third party sites linked to this website, you do this
entirely at your own risk. The Old Swan Barracks DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT
NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY
OF ANY CONTENT OF A LINKED SITE.
Trademarks.
The trademarks, service marks and logos of The Old Swan Barracks
and others used in this website ("Trademarks") are the property of
The Old Swan Barracks and their respective owners. You have no
right to use any such Trademarks, and nothing contained in this
website or the Terms of Use grants any right to use
(by implication, waiver, estoppel or otherwise) any Trademarks without
the prior written permission of The Old Swan Barracksor the respective owner.
Indemnity.
You agree to indemnify, defend and hold The Old Swan Barracks harmless from and against any and all third party claims, liabilities,
damages, losses or expenses (including reasonable attorney's fees and costs)
arising out of, based on or in connection with your access and/or use of this website.
Disclaimer and Limitation of Liability.
IN NO EVENT SHALL The Old Swan Barracks OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF
REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR
INABILITY TO USE THIS WEBSITE OR ANY LINKED SITE, DAMAGES RESULTING
FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON
THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY EVEN IF The Old Swan Barracks OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Laws.
These Terms of Use are governed by the law in force in the State of
Western Australia, Australia, and the parties irrevocably submit to the
non-exclusive jurisdiction of the courts of Western Australia and courts
of appeal from them for determining any dispute concerning the Terms of Use.
General.
If you have any questions regarding the Terms of Use, please contact
The Old Swan Barracks via our
contact us page.