Terms of Service - Australian Land Title Search

2.1 Non-exclusive Licence to Access

ALTS CORP and GlobalX grant to the Customer a non-exclusive right to access the Service subject to:

(a) the terms and conditions of the Agreement;

(b) the Customer’s continuing adherence to the operating instructions displayed on the electronic platform for the Service from time to time; and

2.2 Order (offer) and Acceptance

(a) A Customer may order Services by placing an online order on or through the GlobalX Website (Order Form) and in relation to ordering the Customer agrees that:

(i) by placing an online order on the GlobalX Website, the Customer is offering to purchase the Service from the Service Provider in accordance with this Agreement;

(ii) the Service Provider may accept the Customer’s offer by delivering
the Content to the Customer or undertaking the Service. The Service Provider will not be obliged to accept the Customer’s offer even if the Customer has pre-paid for the Service. The Service Provider may reject the Customer’s offer by refunding to the Customer any payment made by the Customer; and

(iii) Content ordered by the Customer will be delivered to the Customer
at the email address nominated by the Customer on an Order Form or delivered via Intelli-Doc or in such other manner as may be agreed to between the Customer and the Service Provider (including through a Software Product).

(b) In addition to the methods described in clause 2.2(a), a Customer may order Manual Services or other services by submitting a request to GlobalX using an electronic or hard copy Order Form supplied by GlobalX. GlobalX will notify the Customer within a reasonable period of time if the request for Manual Services or other services is not accepted. If the request is accepted, GlobalX will communicate acceptance by acting in accordance with the Customer’s instructions.

3 ADDITIONAL PROVISIONS FOR CONTENT SERVICES

3.1 Agency

The Customer hereby appoints ALTS CORP as its agent for the sole purpose of ordering and obtaining any Property Certificate that:

(a) the Customer orders pursuant to this agreement; and

(b) is exempt from GST.

3.2 Victoria Landata

If the Customer wishes to access Information Provider Information from Victoria Landata® the Customer must first duly execute the documents required from time to time by Victoria Landata® and GlobalX and deliver the original signed documents to GlobalX. (All pages must be received (in originally signed form), not just the signature page.) If at any time Victoria Landata® or GlobalX require that any additional or amended documents be signed by the Customer so as to allow the Customer to access Information Provider Information from Victoria Landata® the Customer must duly execute the amended or additional documents and deliver the original signed amended or additional documents to GlobalX before further access is permitted. The Customer agrees to strictly observe the terms of any documents it signs pursuant to this clause.

7 ADDITION PROVISIONS IN RELATION TO THE SERVICE

7.3 Customer liable for Charges

The Customer is liable for all Charges resulting from the use of the Software Product or Service through the Customer’s Security Information whether such use of the Software Product or Service was authorised by the Customer or not. The Customer must immediately inform the Service Provider of loss of Security Information or any unauthorised access to or misuse of the Service.

7.4 Deactivation of Security Information

GlobalX will deactivate the Customer’s Security Information within two (2) Business Hours of an emailed request to helpdesk@globalx.com.au.

7.5 Password Changes

The Service Provider reserves the
right to enforce user name and password changes as required for security, confidentiality and other legal compliance.

7.7 No Legal Advice

The Customer acknowledges that no Service Provider purports to give legal advice through the provision of the Services or Software Products.

7.8 Assistance with the Service

GlobalX will provide the Customer with assistance (within Business Hours) through its Help Desk in order to assist the Customer with any enquiries about the Service.

7.9 No Warranty re Information Provider Information

The Customer acknowledges that ALTS CORP and GlobalX give no warranty or representation that any Information Provider Information or Content provided through any Information Provider is complete, accurate or up-to- date.

7.10 Limitations to Access to Service

(a) GlobalX will use its best endeavours to provide access to the GlobalX electronic platform for the Service during Business Hours but will not be liable for any loss or damage sustained by the Customer caused by the failure of GlobalX to provide access to the electronic platform for the Service during Business Hours.

(b) In respect of its use of the Service, the Customer acknowledges that:

(i) the Customer’s access to the Service may be limited to the hours of access provided by Information Providers. These hours will be notified on the electronic platform for the Service; and

(ii) access to the Service or particular Content provided through the Service may from time to time be unavailable due to circumstances beyond the control of GlobalX, in which case GlobalX or any Service Provider shall not be liable for any loss or damage sustained by the Customer caused by the unavailability of the Content or the Service.

7.11 Content not to be Reproduced

The Customer agrees not to reproduce, retransmit, redistribute, disseminate, sell, publish or circulate any Content obtained through the Service to any other person other than:

(a) Content used in the course of the Customer’s usual business (including but not limited to a Customer law firm providing the results of searches to their client, the other party or financiers to a transaction); or

(b) if the Customer is an authorised reseller, to its end user customers.

7.12 Document Repository Service

The Service Provider may offer a document repository service on the electronic platform for the Service. The Customer acknowledges that on expiration or termination of this Agreement for any reason, access to the historical documents stored on the document repository will be immediately irrevocably relinquished.

7.13 Information provided by Customer

The Customer must provide the Service Provider with all information and assistance and accessories reasonably required by the Service Provider to enable it to supply the Service to the Customer. The Customer warrants that it is responsible for the accuracy, completeness and currency of the information submitted to ALTS CORP, GlobalX and any Information Provider through the use of the Service or Software Product. If inaccurate, incomplete or non-current information is supplied by the Customer, then ALTS CORP and GlobalX (or any member of the GlobalX Group) will not be liable for any loss or damage (including consequential loss or damage, which includes, without limitation, loss of profits, business, revenue or data) arising from the use of the Service or Software Product.

8 VARIATION OF TERMS

8.1 Variation of Terms

GlobalX may change the provisions of this Agreement at its absolute discretion from time to time:

(a) in respect of provisions of this Agreement that relate to the provision of Services, on not less than 30 days written notice by GlobalX to the Customer (or such shorter period requested by an Information Provider); and

(b)in respect of provisions of this Agreement that relate to the Software Licence, by written notice by GlobalX to the Customer at least 30 days prior to the renewal date of the Software Licence (and if there is more than one Software Licence and they have different renewal dates, at least 30 days prior to at least one half of those licences), and the Customer acknowledges that there is only one End User Agreement but there is likely to be multiple Order Forms.

9 CHARGES

9.1 Charges

The Customer must pay the Charges within 14 days from the invoice date for Services (in exchange for the relevant tax invoice) for any Service or Software Product provided to the Customer by GlobalX or a Service Provider under this Agreement.

9.2 Change in Price List

A Service Provider may vary or change the Price List from time to time. The applicable Price List for a Service will be the Price List that is current at the time that the Service is provided by the Service Provider.

A Service Provider may from time to time change the price for a Service or Software Product not contemplated on the Price List or an Order Form at its absolute discretion without being required to provide notice to the Customer.

On occasions Information Providers do not provide ALTS CORP and GlobalX with prompt notification of the change in the fees they charge. If the Customer orders a Service and the Service Provider is of the opinion that the price for that Service does not take into account a recent price increase by an Information Provider, the Service Provider must promptly advise the Customer of the situation. The Service Provider has no obligation to perform the relevant part of the Service until the Customer agrees to pay an increase in the Charge equal to the Information Provider’s price increase.

9.3 Manner of Payment

The Customer will make payment in the manner specified in this Agreement or as set out in a Price List. Subject to the previous sentence, payments must only be made by direct debit, cheque or electronic fund transfer.

9.3 Customer liable for the Charges

The Customer agrees the Customer is personally liable for the Charges (even if the Customer has incurred such fees or charges on behalf of a third party).

The Customer will be charged for every search conducted on the GlobalX Website. No refunds will be given if the Customer is unhappy with the purchase or the result of a Customer error. The Service Provider may provide the Customer with search credits provided that, within seven (7) days of the search being conducted, the Customer notifies the Search Provider of the time, date, search type and reason for credit request. The Search Provider has an absolute discretion on whether or not to provide credits.

10 INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION

10.1 GlobalX’s warranty regarding Intellectual Property

GlobalX warrants that the GlobalX Group has all right, title and interest in the intellectual property rights reasonably necessary to enable the Customer to use the Software Products and Services (excluding third party software), provided in accordance with this Agreement from time to time.

10.2 GlobalX’s ownership of Intellectual Property

GlobalX owns all intellectual property in any customisation, alteration or Update of any Software Product (even if made at the specific request of the Customer and in exchange for a fee).

10.3 Property Rights in Content

The Customer agrees:

(a) that Content provided through the Service may be subject to copyright, intellectual property rights and other property rights of the Service Provider or another entity (including but not limited to an Information Provider);

(b) not to do or omit to do anything which infringes these rights; and

10.4 Customer’s obligations in relation to Confidential Information

The Customer:
(a) agrees to keep confidential the

Confidential Information;

(b) must not make public, disclose or use the Intellectual Property for any purpose other than that for which it was obtained;

(d) must comply with any specific directions from GlobalX or any relevant Information Provider with respect to Confidential Information.

11 THIRD PARTY CONDITIONS AND INFORMATION

11.1 Customer’s Acknowledgement regarding Third Party Agreements

The Customer acknowledges that:

(a) GlobalX is a party to various agreements with third parties, including Information Providers (“Third Party Agreements”) which enable the delivery of Information Provider Information and other services via the Service or Software Product;

(b) the Third Party often require the Service Provider to impose certain terms and conditions on the users of the Content including in relation to the use and security of access to the Content;

(c) third parties, and in particular, government departments and agencies, treat any potential breach or misuse
of Content, whether by the Service Provider, the Customer or others, very seriously;

(d) any unauthorised conduct by the Customer has the potential to cause significant detriment to GlobalX in relation to its contractual relationships with those third parties; and

(e) a breach of this Agreement by the Customer may cause a breach by GlobalX or a member of the GlobalX Group of one or more Third Party Agreements.

11.2 Customer to comply with Information Provider’s Conditions

The Customer agrees to:

(a) read any and all deeds, terms and conditions of use of the various Information Providers (contained on the respective websites of those Information Providers), from time to time, and undertakes to adhere to these at all times; and

(b) comply with any and all conditions of Information Providers (from time to time) relating to the use of Content that is obtained through the Service (including but not limited to the prohibition on use of the Content for Direct Marketing).

11.3 Customer not Representative of Information Provider

The Customer warrants that it will not hold itself out as being part of, or a representative of, any Information Provider, ALTS CORP or GlobalX.

11.4 Customer to Indemnify

The Customer indemnifies, and will keep indemnified, ALTS CORP, GlobalX and the GlobalX Group in respect of any cost, expense, damage, loss or liability (including legal costs on a full indemnity basis) to any of them resulting from a breach by the Customer of the customer’s obligations under this Part 11.

11.5 ASIC Content

In respect of any ASIC Content provided by ALTS CORP and/or GlobalX to the Customer, the Customer agrees that:

(a) the Search Extracts contained in the ASIC System and ASIC Registers are based on information provided to ASIC by third parties;

(b) ASIC has not verified the accuracy, currency, reliability or completeness of the Search Extracts and makes no representation or warranty as to their accuracy, currency or reliability;

(c) ASIC will have no liability to any persons for any inaccuracy, omission, defect or error in the Test Database, ASIC System or ASIC Registers; and

(d) extracts in relation to companies limited by guarantee which are registered charities with the Australian Charities and Not-for-profits Commission may not be up to date as such entities now notify changes to the Australian Charities and Not-for-profits Commission, not ASIC.

11.6 GlobalX’s obligations regarding Information

Subject to this Agreement, GlobalX acknowledges that information passed to an Information Provider may be confidential and that all reasonable precautions are taken by GlobalX to ensure confidentiality.

11.7 Format of Information

The Customer acknowledges that information may be transmitted to it through a medium and in any format or form as required or specified by an Information Provider, and, as such, ALTS CORP and GlobalX may not have the choice as to the medium, format or form in which the information is transmitted.

12 GENERAL WARRANTIES, LIABILITY AND EXCLUSIONS FROM LIABILITY

12.1 No Warranty or Representation by Service Providers

ALTS CORP and GlobalX (or any member of the GlobalX Group) do not make any express or implied warranties that the Services or Software Product will:

(a) operate error free;

(b) be uninterrupted while in use; or

The Customer acknowledges that ALTS CORP and GlobalX do not make any representations or warranties with respect to the usefulness or efficiency of any Software Product or any Service provided under this Agreement. The Customer has made its own enquiries and is satisfied with the usefulness and efficiency of the Software Product and Services.

14 TERMINATION OF THIS AGREEMENT (IN WHOLE OR PART)

14.1 Termination of this Agreement by the Customer

(a) The Customer may terminate this Agreement by giving both ALTS CORP and GlobalX at least thirty (30) days advance written notice of such termination in which event:

(i) all Charges owing by the Customer to the Service Provider are then immediately due and payable as at the date of termination; and

(ii) all Charges then paid by the Customer to the Service Provider (whether in the nature of prepayment or otherwise) shall be forfeited to and shall be the absolute property of the Service Provider.

(b) The Customer is deemed to have repudiated this Agreement if any Charges owing by the Customer under this Agreement remain unpaid for 30 days after the due date for payment, unless the Service Provider to whom the Charges are owing gives express written notice before that date suspending the operation of this clause on such terms as such Service Provider may specify.

14.2 Termination of this Agreement by Service Provider

(a) Under this clause 14, a Service Provider may at its election:

(i) terminate this Agreement in its entirety; or

(ii) terminate any part or parts of the Service or Software Product being supplied pursuant to this Agreement (including but not limited to the termination of provision of a specific Service or Software Product to the Customer), in which event the remainder of the Agreement will remain in force and will continue to be binding upon the Customer.

(b) A Service Provider may, by notice in writing to the Customer, immediately suspend the Customer’s access to the Service or the Software Product, or any part of the Service or the Software Product if the Customer commits or is reasonably suspected by the Service Provider of committing an Act of Default;

(i) terminate this Agreement or any part of this Agreement with the Customer for the Customer’s Act of Default; or

(ii) restore access to the Service or Software Product on such terms that the Service Provider in its absolute discretion sees fit (including, but not limited to, the issue to the Customer of new Security Information) assuming the Act of Default has been remedied and the Service Provider is reasonably satisfied that the Act of Default will not occur again.

(d) If a Customer’s access to the Service or to a Software Product is suspended pursuant to paragraph (b), the Customer must pay to GlobalX reinstatement fee in an amount determined by GlobalX in its absolute discretion prior to access to the Software Product being reinstated unless GlobalX agrees otherwise.

14.3 Effect of Termination

Termination of this Agreement will not:

(a) release the Customer from liability in respect of any breach or non-performance of any obligation contained in this Agreement; and

(b) affect any rights or remedies which the Service Provider may have otherwise under this Agreement or at law, and the Customer acknowledges that any indemnities given by it under any provision in this Agreement shall survive the termination of this Agreement.

15 GUARANTEE AND INDEMNITY

15.1 Application of Part 15

This Part 15 only applies if an entity is named in the Information Schedule as “Guarantor” and such entity signs this Agreement.

15.2 Guarantee

The Guarantor guarantees to ALTS CORP and GlobalX that the Customer will strictly perform and fulfil all of the Customer’s obligations under this Agreement.

15.3 Indemnity

The Guarantor agrees to indemnify and keep indemnified both ALTS CORP and GlobalX in respect of all expenses, losses, damages and costs incurred by or awarded against either of them arising from or in connection with the Customer breaching the Customer’s obligations under this Agreement. This indemnity will continue notwithstanding termination of this Agreement.

QLD Department of Natural Resources,Mines & Energy

Standard Terms

Definitions

Direct Marketing means one to one marketing using personal details (e.g. name, address, email address or other Personal Information), normally supported by a database/resource, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.

Information Product means a product supplied through online access search types (e.g. Title Search).

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

Ownership

I acknowledge that I have no rights of ownership in the Information Products and all intellectual property rights, including copyright in the Information Products that the State of Queensland (Department of Natural Resources, Mines and Energy) or the copyright owner has, are retained by the State of Queensland (Department of Natural Resources, Mines and Energy) or the copyright owner.

Liability

I acknowledge that, except as provided in the section titled Statutory Compensation below, the State of Queensland (Department of Natural Resources, Mines and Energy) does not guarantee the accuracy or completeness of the Information Products, and does not make any warranty about the Information Products.

I agree that, except as provided in the section titled Statutory Compensation below, the State of Queensland (Department of Natural Resources, Mines and Energy) is not under any liability to me for any loss or damage (including consequential loss or damage) arising out of or in connection with my use of the Information Products.

Statutory Compensation

The provisions of the section titled Liability above are subject to the provision that the State of Queensland through the Department of Natural Resources, Mines and Energy will be liable to compensate me in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Title Act 1994 (as amended) if I suffer deprivation of a lot, interest in a lot or loss or damage in accordance with the Land Title Act. Where I am entitled to compensation against the State of Queensland through the Department of Natural Resources, Mines and Energy pursuant to the above-mentioned provisions of the Land Title Act, I agree that I will seek compensation in accordance with the provisions of the Land Title Act.

Privacy

I agree that I will not use, other than for the purpose for which the Information Products are provided under this agreement, or disclose to any other person, any Personal Information contained in the Information Products.

I agree that I will not use the Information Products for Direct Marketing.

Permitted Use

I accept that the use of the Information Products by me will be limited to my own personal use or for use in the ordinary course of my business. I will not on-sell or distribute the Information Products to any other third party, nor will I produce any products incorporating the Information Products, except with the prior written approval of the State of Queensland (Department of Natural Resources, Mines and Energy).

General Conditions

This agreement will be governed by and construed in accordance with the laws of the State of Queensland, Australia.

This website is operated by ALTS Corp. Throughout the site, the terms “we”, “us” and “our” refer to ALTS Corp. ALTS Corp offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ALTS Corp, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ALTS Corp and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our contact form.