Terms & Conditions
Personal Use of the TimeTarget Site
Your use of the www.timetarget.com web site (the "Site") and allinformation, products and services on the Site are subject to the binding legal terms set forth below and all applicable laws (the "Terms"). The Site is owned and operated by TimeTarget trading as TimeTarget Pty Ltd. You should be aware that these Terms may be amended from time to time with out notice. If you do not agree to any of these Terms, you must exit the Site immediately. You may browse this Site for personal entertainment and information. However, please do not distribute, modify, transmit or revise the contents of this Site without the prior written consent of TimeTarget. Any unauthorised copying, mirroring, storage or other unauthorised use is absolutely prohibited and will be prosecuted. "You" refers to all individuals and or entities accessing this Site for any reason.
In each document copied, mirrored, downloaded and printed from this Site itmust contain the following copyright notice and permission notice: "Copyright 2011 TimeTarget. All rights reserved. Protected by the copyright laws of the Commonwealth of Australia and international treaties." Copyright, trademark and other proprietary notices contained on the Sitemust not be removed.
No Commercial Use of TimeTarget Site
You may not reproduce, copy, charge any fee for the use of or redistribute for commercial purposes any of the materials or design elements on the Site directly relating to TimeTarget. Commercial use of any of the material relating to TimeTarget is strictly prohibited unless with the express written consent of TimeTarget.
Warranties
To the fullest extent permitted by law, TimeTarget disclaims all warranties, representations and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability, durability and fitness for a particular purpose, quality, satisfactory
quality, title and non-infringement of proprietary rights) including but not limited to the accuracy or completeness of this Site content or of the content of any website or websites "hot-linked" to this Site and other content (including third party information, products and content) included
in or accessible from the Site.
Limitation of Liability
To the fullest extent permitted by law, in no event will TimeTarget or its related body corporates or affiliates be liable to you (or any third party making claims through you) for any loss or damage what so ever, including butnot limited to any direct, incidental, consequential, indirect, special or punitive damages or damages for loss of use, profits, data or otherintangibles, or the cost of procurement of substitute goods or services, unauthorised access to and tampering with your personal information ortransmissions arising out of or related to access to or use, inability to use, unauthorised use, performance or non-performance of any content of theSite or the content of any website or websites "hot-linked" to the Site or any computer-related damages due to downloading materials, typographical errors and/or omissions. Wowwee do not warrant that this Site will operate error-free or that this Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, TimeTarget is not responsible forthose costs. The aggregate liability of TimeTarget for all claims arising from use of this Site either jointly or severally is limited to AUD$100.The limitations of liability and disclaimers herein shall apply regardless of the form of action, whether in contract, warranty, strict liability,negligence, or other tort and shall survive a fundamental breach or breaches of contract or the failure of the essential purpose of this agreement or ofan exclusive remedy.
Indemnity and Release
In accessing this Site, you release TimeTarget and its related bodiescorporate, respective directors, officers, employees, shareholders, agents and consultants (those "Indemnified") from any claim relating in any way toyour use of this Site and you indemnify those Indemnified from and against
all actions, proceedings, claims and demands against any of thoseIndemnified by a party claiming loss or damage as a result of your acting other than in accordance with these Terms.
Information Submitted to TimeTarget
Any communication or material you post or transmit on the Site to TimeTarget over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this Site you agree that TimeTarget or any of its related bodies corporate may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, promotional purposes and posting. Further more, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considereda criminal offence or violate any law. From time to time, TimeTarget may offer and may allow others to offerproducts and services to you. If you wish to discontinue receiving such offers, please contact TimeTarget. TimeTarget reserves the right to gather more extensive information than that stated in its Privacy Policy about any attempted access to the Site which raises security issues (and, should the need arise, to disclose such information to relevant authorities).
Licensed Logo Use Only
All TimeTarget names, logos and marks appearing in this Site, except asotherwise noted, are trademarks owned or used under license by TimeTarget or its related bodies corporate in the territories where TimeTarget markets products bearing such trademarks. The use or misuse of these trademarks or any other content on this Site except as provided in these Terms or in the Site content is strictly prohibited.
Links to Other Sites
The Site contains links to third party websites and web pages. The linkedwebsites are not under the control of TimeTarget, and TimeTarget is not responsible for the contents of any linked website or any link contained ina linked website. TimeTarget is providing links only as a convenience, and the inclusion of a link does not imply endorsement of the linked website by TimeTarget, The TimeTarget Company or their various subsidiaries, affiliates or joint ventures.
Interactive Facilities
If you participate in any interactive facility you represent and warrantthat any information provided by you is not owned by or confidential to, any third party; represent and warrant that your provision of such informationwill not expose TimeTarget to any liability, whether civil or criminal; grant to TimeTarget a perpetual licence to use and disclose any suchinformation provided by you to any person or entity for any purpose; waive any rights you have in relation to any information submitted through aninteractive facility in favour of TimeTarget release and indemnify TimeTarget from any claim in any way related to the information provided by you.
Miscellaneous
This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia without regard to conflict of laws principle and you irrevocably and unconditionally submit to the jurisdiction of the Courts in that State. If any provisions of this agreement are found to be invalid or unenforceable by a Court of law, such invalidity orunenforceability will not affect the remainder of the agreement, which will continue in full force and effect. No waiver of any breach of a term of this agreement by TimeTarget will constitute a waiver of the rights of TimeTarget arising from that or any other breach. This agreement supersedes andreplaces any prior agreement.
All rights not expressly granted herein are reserved.
Last Updated 25/03/2009.