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Terms of Use

1General
1.1This document (henceforth referred to as the Policy) outlines the terms and conditions under which users are permitted to access the information and services on the Evanscorp Web Site. Users are deemed to have accepted these terms and conditions upon accessing information, services and downloadable resources available on this Web Site.
1.2All information, services and downloadable resources available on this Web Site and the Web Site itself (henceforth collectively referred to as the Site or this Site) are subject to the terms and conditions outlined in this Policy.
1.3Evanscorp reserves the right to amend this Policy at any time without notice. The most recent version of the Policy can be viewed at any time by clicking on the "Terms of Use" hyperlink at the bottom of any page on this Site.
1.4Any reference to a user or person throughout this Policy also refers to any associated individual, group of individuals, business, company, corporation or other entity.
1.5Headings are used for convenience and do not affect the interpretation of this Policy.
1.6If any clause in the Policy is found to be invalid or unenforceable by a Court of Law, such a clause is severed from the Policy. This does not affect the rest of the Policy, which will remain in effect.
2Privacy
2.1Please refer to the Evanscorp Privacy Statement, accessible via a hyperlink at the bottom of any page on this Site.
3Use of this Site
3.1Evanscorp does not warrant that this Site will always be available or function as expected.
3.2Evanscorp will not be liable to any party for any loss, damage, costs or expenses of any kind suffered directly, indirectly or consequentially, arising out of or in connection with any action or failure to act by Evanscorp in relation to the availability, functionality, behaviour or performance of this Site.
3.3This Site must not be used for any unlawful purpose, for any other activity that Evanscorp believes could subject it to criminal liability or civil penalty or judgment, or in any way that is contradictory to this Policy.
3.4The Site must not be accessed in any way that could damage or disable any Evanscorp server or the network to which it is connected, or in any way hamper or cause interruption to the services provided by these resources, or interfere with any other party's use of the Site.
3.5The attempt to gain unauthorised access to the Site or other resources managed by Evanscorp, including but not limited to other accounts, computers or networks, is strictly prohibited.
3.6The attempt, through any means, to obtain any material from Evanscorp that is not intentionally made available through the Site, is strictly prohibited.
3.7The Site or any Evanscorp services are not to be used:
a.in connection with chain letters, junk Speedmail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
b.to harvest or otherwise collect information about others, including email addresses, without their consent;
c.to create a false identity or forged address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any message;
d.to create a false identity or forged address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any message;
e.to transmit, associate with the Service, or publish with the Service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
f.to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
g.to libel, defame or slander any person, or infringe upon any person's privacy rights;
h.Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
i.Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
4Content Published on this Site
4.1The information published on this Site is intended for use by individuals or business representatives who are genuinely interested in the products and services promoted by Evanscorp.
4.2Evanscorp endeavors to ensure that the information published on this Site is as accurate and up-to-date as possible. The information contained in this Site is provided in good faith and without warranty of any kind.
4.3No representations are made about the accuracy and suitability-for-purpose of the information contained in this Site.
4.4Evanscorp will not be liable to any party for any loss, damage, costs or expenses of any kind suffered directly, indirectly or consequentially, arising out of or in connection with the use of any content published on this web Site.
4.5All material on this web Site is subject to copyright and may not be copied, reproduced or published in any media, in whole or in part, without express written permission from Evanscorp.
4.5Evanscorp prohibits the use of any material or information, including images, logos or photographs, which are made available through this Site that in any way infringes upon any copyright, trademark, patent, trade secret, or other Intellectual Property rights of any party.
5Downloadable Software
5.1Any software that is available for download from this Site is the work of Evanscorp and is protected by copyright.
5.2The use of any software downloaded from this Site is in accordance with the accompanying License Agreement, if present.
5.3Where no License Agreement accompanies software downloaded from this Site, Evanscorp will grant to the user a royalty-free license to use the software for personal or non-commercial use, but prohibits the sub-licensing or re-distribution of the software by the user. The software may only be used for commercial purposes with the express written permission of Evanscorp.
5.4The software available on this Site is not warranted against any defect or failure to function as expected.
5.5Evanscorp will not be liable to any party for any loss, damage, costs or expenses of any kind suffered directly, indirectly or consequentially, arising out of or in connection with the use of any software downloaded from this web Site.
6Submissions Made via this Site
6.1Submissions made to or via this site, whether by e-mail or other means, should only contain material that is proper and relevant to the Site, and must not contain:
a.Information, images, photographs, software or other material, either whole or in part, that is protected by any Intellectual Property law, unless you control the Intellectual Property rights or hold proof that you have obtained the necessary permission to disseminate the material.
b.Material related to promotional activities, including but not limited to advertisements, surveys, contests, selling schemes, junk mail, SPAM, and chain letters.
c.Any abusive, defamatory, profane, indecent, illegal or offensive material or that which impinges upon the legal rights of any party.
d.Destructive material, including but not limited to viruses and corrupted files, that could affect the operation or behaviour of any computer or network to which it is connected.
e.Any false or misleading information, including but not limited to legal notices or identification information.
6.2Evanscorp advises the use of caution when transmitting via the Internet any personal details, contact information or material for which you control the Intellectual Property rights.
6.3By submitting to or via this Site any material for which you hold Intellectual Property rights, unless explicitly stated otherwise, you grant to Evanscorp a royalty-free license to use, re-distribute, copy, modify and make available in the public domain the submitted material.
7Links to Third Party Sites
7.1Some links to third party web sites are included on this Site. Such links are provided for the convenience of users, only. The use of third party sites referred to by this Site is not subject to the terms and conditions in this Policy.
7.2Evanscorp does not control the content, behaviour or functionality of any third party site referred to by this Site, and as such does not warrant against any loss, damage, costs or expenses of any kind suffered directly, indirectly or consequentially, arising out of or in connection with the availability, functionality, behaviour or performance of any third party site.
8References to This Site
8.1References to this Site from third party sites, whether by means of a hyperlink or descriptive text, are permitted, provided that:
a.Evanscorp has been notified of such a reference.
b.The correct logos, fonts and product and service names are used (provided by Evanscorp, upon request).
c.Any representation made about Evanscorp, its products and services are accurate and not misleading, and do not contain any false, derogatory or discriminatory statements about any party.
9Trademark
9.1The symbol contained within the Evanscorp logo is a registered trademark in Australia. Express written permission for its use or reproduction in any form must be obtained from Evanscorp prior to its use or reproduction.
Statement Version1.0
Date of last Revision17 Jul 2003
Copyright © 2003-2008 Evanscorp Pty. Limited. All Rights Reserved.
Terms of Use | Privacy Statement