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Website Terms Pty Ltd (“kelpee”) Website Terms of Use.

  1. Agreement

Your use of this website is deemed to be your agreement to be bound by all the following clauses of these Terms and Conditions. If you do not agree with any provision of these terms, you should discontinue your use of the site immediately.

  1. Permitted Use

2.1 You must use this website only for the purposes expressly set forth in the body of the website and in these Terms and Conditions or in the terms and conditions of any other separate Agreement made between you and kelpee. Any other use of the website is prohibited. If there is a conflict between any statement in the body of the website and any provision of these Terms and Conditions, the provisions of these Terms and Conditions will prevail.

2.2 Irrespective of any other provision of these Terms and Conditions you must not:

  1. use this website for any purpose that is unlawful;
  2. post or transmit any unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, defamatory, or obscene material or any material that would be in violation of the rights of a third party, including any intellectual property rights or privacy rights;
  3. access this site for use in anyway that is in conflict with these Terms and Conditions;
  4. attempt to gain unauthorised access to any area of the site that is not made readily available by kelpee;
  5. Use the website in a manner which could be harmful to any computer system, network or server used in hosting or maintaining this website;
  6. Use the website in a manner that may restrict the access of any other person.
  7. access, attempt to access, or use any materials or information not made publicly or readily available by kelpee.

2.3 You accept responsibility for complying with all applicable laws and regulations whether local, national or otherwise in your use of this website.

2.4 You are permitted to temporarily download content on this website made explicitly and publicly available by kelpee, either by caching in a browser or to your computer for personal viewing only. You may not:

  1. modify the content in any way;
  2. use the content for any commercial purpose, or for any public display (commercial or otherwise);
  3. attempt to decompile or reverse engineer any software contained on the website;
  4. provide any content to another person or “mirror” or post the content on any other website or server.

2.5 If you fail to abide by these Terms and Conditions kelpee may prohibit you from accessing or using the website. No action or omission by kelpee will be deemed to be a waiver of any right or remedy provided under these Terms and Conditions or under applicable law.

  1. Warranties

3.1 The content and services on this website are provided “as is” and without any warranties, either express or implied including, but not limited to merchantability or fitness for purpose.

3.2 Without prejudice to the generality of clause 3.1 we make no warranty or representation:

  1. as to the completeness, accuracy or currency of any of the content on this website;
  1. that any content or the website will continue to be available otherwise than at kelpee’s discretion.
  2. that the content is free of any viruses or other defects that may be harmful to your property.
  3. as to specific function, reliability, availability or otherwise of this website or the server that hosts it.
  4. in regards to non infringement of intellectual property or other violation of another’s rights.
  5. as to any information or services whatsoever provided by any third party Supplier or third party website which you may access or be put in contact with in through use of this website.

3.3 Nothing in this clause shall be deemed to seek to limit any guaranteed statutory or implied protections under any applicable consumer protection laws including but not limited to the Competition and Consumer Act 2010 and the Competition and Consumer Regulations 2010.

  1. Limitation of Liability

4.1 You agree that kelpee only facilitates the initial contact between third parties providing or requiring services through this website. Any and all claims regarding any failure or breach with respect to agreements made between third parties are limited to claims against the parties to those agreements. kelpee hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with any third party agreements including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of any such third party and both Suppliers and individual users of this website hereby exonerate kelpee from any liability with respect to the same.

4.2 In no event shall kelpee be liable, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages arising out access or use of, or inability to access or use this website.

  1. Applicable Law

The applicable law relating to these Terms and Conditions is the law of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

  1. Amendment

We may revise these Terms and Conditions at any time and without notice.  We encourage you to check this page regularly for any updates.

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