4 If you do not agree, you should not access or use our Website or any part of it.
Linking to our Website
7 We encourage you to provide links to our Website. While you may use the name "Decimal" in the text of any such link, you may not use the Decimal logo or any of our other trade marks without our prior written consent. You must not frame our Website, or represent or imply that any part of our Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to our Website, you must immediately cease providing such links.
8 In using our Website, including the Community Forum, you must not:
1. provide us with inaccurate or incomplete information;
2. violate any applicable laws;
3. provide any material through the Community Forum (your Content) that:
(i) is defamatory, false, fraudulent, discriminatory, confidential, offensive, abusive, pornographic, profane or otherwise unlawful;
(ii) infringes any third party intellectual property rights; or
(iii) gives rise to any civil or criminal liability for you or us;
4. impersonate any person;
5. use any functionality of our Website to send unwanted emails or spam;
6. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
7. collect or store personal data about other users of our Website;
8. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of our Website; or
9. engage in any conduct that inhibits any other person from using or enjoying our Website.
Accuracy of our Website
9 Although we use reasonable care and skill in providing our Website, we cannot guarantee that our Website will be continuously available or virus or fault free.
10 You acknowledge and agree that internet communications are not always secure and communications to and from our Website may be intercepted or altered in transit.
11 Neither we nor any third parties make any representation or give any warranty, representation or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
12 Some of the materials on our Website may be provided by third parties, including third party users of the Community Forum. Where this is the case, the materials provided and views expressed are those of the third parties and are not ours, and we cannot guarantee that this information is accurate, up-to-date or complete. You should independently verify such information before relying on it.
Registration and the Community Forum
13 Certain features on our Website may only be available if you register, such as the Community Forum. You must keep any user name and password that are allocated to you confidential, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address. You may cancel your registration, by notifying us at email@example.com and providing your user name.
15 By using the Community Forum, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
16 By posting your Content to the Community Forum, you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit your Content in any form in connection with the operation of our Website, and you warrant that you have the right to grant such licence.
17 If you believe our Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us on 1300220799, and provide particulars of such content and a detailed description of why it is objectionable or infringing.
Warranties and liability
1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
22 Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
1. special, indirect, consequential, incidental or punitive damages; or
2. damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
23 Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Intellectual property rights
24 You acknowledge that our Website is protected by laws relating to copyright, trade marks and other intellectual property rights.
25 We grant you a limited, non-transferable licence to access and use our Website solely for your personal, non-commercial purposes. We (or our licensors) retain all right, title, and interest in and to our Website, and nothing you do on or in relation to our Website will transfer any intellectual property rights to you or, except for this limited licence, licence you to exercise any intellectual property rights unless this is expressly stated.
Breach, suspension and termination
28 From time to time our Website may also include links to other websites. These links are provided for your convenience only to provide further information. By including the links on our Website, we are not representing, warranting or guaranteeing that we endorse the websites or the content of those websites. We have no responsibility for any of that material or content.
32 Your use of and access to our Website is conducted electronically and we may communicate with you electronically for all aspects of your use of and access to our Website, including sending you electronic notices.
34 No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.