In using this website you are deemed to have read and agreed to the following terms and conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Yahoo Download”, “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party” refers to either the Client or Us, “Parties” refers to both the Client and Us.
We will not sell, share, or rent Your personal information to any third party or use Your e-mail address for unsolicited mail. Any emails sent by The Company will only be in connection with the provision of agreed services and products.
We own all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not to use or copy any part thereof without our express permission. All postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) You upload are added to the site by You at Your own risk. In doing so You are giving express and irrevocable permission for us to store, display and use the content.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, The Company:
- excludes all representations and warranties relating to this website and its contents or which are or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or The Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised The Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of Your statutory rights as a consumer are affected.
Unless otherwise stated, the services featured on this website are only available within Australia. All advertising is intended solely for the Australian market. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of The Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify The Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within The Company on a need-to-know basis. Except as required by law, any individually identifiable information related to this data will never be used in any way different to that stated above without Your explicit permission.
If You create a link to a page of this website, You do so at Your own risk and the exclusions and limitations set out in this document will apply to Your use of this website by linking to it.
We do not monitor or review the content of other parties’ websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Us and We should not be regarded as the publisher of such opinions or material. Please be aware that We are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.
Neither Party shall be liable to the other for any delay or failure to perform any obligation under these terms and conditions which is due to an event beyond the control of such Party including but not limited to any Act of God (or other imaginary entity), terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of the control of such Party, which causes the termination of an agreement or contract entered into, or which could not have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with these terms and conditions where it remains possible to do so.
Failure of either Party to insist upon strict performance of any provision of these terms and conditions or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations hereunder. No waiver of any of the provisions of these terms and conditions shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Australia govern these terms and conditions. By accessing this website You consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of The Company to enforce any of the provisions set out in these Terms and Conditions, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of The Company.
These terms and conditions form part of the Agreement between the Client and Ourselves. Your accessing of this website and/or undertaking of a Service Agreement indicates Your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.