Terms and Conditions
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Toach.net form the conditions of supply of material on, use of and access to Toach.net. Your continued use of Toach.net constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.
Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Toach.net.
From time to time, Toach.net may run competitions, prize draws and promotions on Toach.net. These will be subject to additional terms and conditions, which will be made known to you at the time.
All terms and conditions, which govern your use of Toach.net (including disclaimers) may only be amended in writing signed by an authorised officer of Toach.net and Toach.net may amend them from time to time.
Accuracy of information and disclaimer of warranties
All material on Toach.net is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Toach.net is at your sole risk. Access to Toach.net is provided on an 'as available' basis. Neither Toach.net, Toach Pty Ltd nor its directors or employees make any representation or warranty that (i) any material on Toach.net will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Toach.net will be uninterrupted, timely or secure. Toach.net will not be liable for loss resulting from any action or decision by you in reliance on the information on Toach.net, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
General information only - non advisory
The material on Toach.net provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
The material provided on Toach.net is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Toach.net or the appropriate supplier or licensor of Toach.net.
You may not use any part of the material on Toach.net to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
As a condition of your use of Toach.net or any services on Toach.net, you warrant to Toach.net that you will not use Toach.net for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on Toach.net. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
* use Toach.net to defame, abuse, harass, stalk, threaten or otherwise offend others;
* publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
* use any automated scripting tools or software;
* engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Toach.net;
* impersonate any person or entity;
* upload, post, e-mail, transmit or otherwise make available using Toach.net any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
* breach any applicable laws or regulations.
Toach.net has no obligation to monitor any user's use of Toach.net., however Toach.net retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify Toach.net if Toach.net suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Toach.net.
Unless stated to be otherwise, charges referred to for use of any services provided via Toach.net are GST inclusive. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act").
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on Toach.net from time to time. These websites do not form part of Toach.net and are not under the control of Toach.net and Toach.net does not have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave Toach.net and do so entirely at your own risk.
If you contact a third party using functionality provided on Toach.net, including via e-mail, Toach.net accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Limitation of liability
Toach.net do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise Toach.net and its related bodies corporate exclude all conditions and warranties which may be implied by law.
To the extent permitted by law, Toach.net's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Toach.net's option, to:
in the case of services supplied or offered by Toach.net:
* the re-supply of those services; or
* the payment of the cost of having those services re-supplied; and
in the case of goods supplied or offered by Toach.net:
* the replacement of the goods or the supply of equivalent goods;
* the repair of the goods;
* the payment of the cost of having the goods replaced; or
* the payment of the cost of having the goods repaired.
You expressly agree and understand that in no circumstances will Toach.net be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Toach.net) which result from (i) the use of or access to or any inability to use or access Toach.net or any material on Toach.net; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on Toach.net. Excluding liability for negligence the maximum liability of Toach.net is equivalent to the total of any amounts you have paid to Toach.net in respect of goods or services supplied to you by Toach.net through Toach.net.
These conditions and all other specific and additional terms which govern your use or membership of and access to Toach.net will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.