| 1 | General |
| 1.1 | This document (henceforth referred to as the Policy)
outlines the terms and conditions under which users are permitted to access the
information and services on the Evanscorp Web Site. Users are deemed to have
accepted these terms and conditions upon accessing information, services and
downloadable resources available on this Web Site.
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| 1.2 | All information, services and downloadable resources
available on this Web Site and the Web Site itself (henceforth collectively
referred to as the Site or this Site) are subject to the terms and conditions
outlined in this Policy.
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| 1.3 | Evanscorp reserves the right to amend this Policy at any time
without notice. The most recent version of the Policy can be viewed at any
time by clicking on the "Terms of Use" hyperlink at the bottom of any page on
this Site.
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| 1.4 | Any reference to a user or person throughout this Policy also
refers to any associated individual, group of individuals, business, company, corporation
or other entity.
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| 1.5 | Headings are used for convenience and do not affect the
interpretation of this Policy.
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| 1.6 | If any clause in the Policy is found to be invalid or
unenforceable by a Court of Law, such a clause is severed from the Policy.
This does not affect the rest of the Policy, which will remain in effect.
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| 2 | Privacy |
| 2.1 | Please refer to the Evanscorp Privacy Statement, accessible
via a hyperlink at the bottom of any page on this Site.
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| 3 | Use of this Site |
| 3.1 | Evanscorp does not warrant that this Site will always be
available or function as expected.
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| 3.2 | Evanscorp will not be liable to any party for any loss,
damage, costs or expenses of any kind suffered directly, indirectly or
consequentially, arising out of or in connection with any action or failure to
act by Evanscorp in relation to the availability, functionality, behaviour or
performance of this Site.
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| 3.3 | This Site must not be used for any unlawful purpose, for
any other activity that Evanscorp believes could subject it to criminal liability or civil penalty or judgment,
or in any way that is contradictory to this Policy.
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| 3.4 | The Site must not be accessed in any way that could damage or
disable any Evanscorp server or the network to which it is connected, or in any
way hamper or cause interruption to the services provided by these resources,
or interfere with any other party's use of the Site.
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| 3.5 | The attempt to gain unauthorised
access to the Site or other resources managed by Evanscorp, including but not
limited to other accounts, computers or networks, is strictly prohibited.
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| 3.6 | The attempt, through any means, to obtain any material from
Evanscorp that is not intentionally made available through the Site, is
strictly prohibited.
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| 3.7 | The Site or any Evanscorp services are not to be used:
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| a. | in connection with chain letters, junk Speedmail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
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| b. | to harvest or otherwise collect information about others, including email addresses, without their consent; |
| c. | to create a false identity or forged address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any message; |
| d. | to create a false identity or forged address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any message; |
| e. | to transmit, associate with the Service, or publish with the Service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; |
| f. | to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; |
| g. | to libel, defame or slander any person, or infringe upon any person's privacy rights; |
| h. | Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; |
| i. | Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; |
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| 4 | Content Published on this Site |
| 4.1 | The information published on this Site is intended for use by
individuals or business representatives who are genuinely interested in the
products and services promoted by Evanscorp.
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| 4.2 | Evanscorp endeavors to ensure that
the information published on this Site is as accurate and up-to-date as
possible. The information contained in this Site is provided in good faith and
without warranty of any kind.
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| 4.3 | No representations are made about the accuracy and
suitability-for-purpose of the information contained in this Site.
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| 4.4 | Evanscorp will not be liable to any party for any loss,
damage, costs or expenses of any kind suffered directly, indirectly or
consequentially, arising out of or in connection with the use of any content
published on this web Site.
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| 4.5 | All material on this web Site is subject to copyright and may
not be copied, reproduced or published in any media, in whole or in part,
without express written permission from Evanscorp.
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| 4.5 | Evanscorp prohibits the use of any material or information,
including images, logos or photographs, which are made available through this
Site that in any way infringes upon any copyright, trademark, patent, trade
secret, or other Intellectual Property rights of any party.
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| 5 | Downloadable Software |
| 5.1 | Any software that is available for download from this Site is
the work of Evanscorp and is protected by copyright.
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| 5.2 | The use of any software downloaded from this Site is in
accordance with the accompanying License Agreement, if present.
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| 5.3 | Where no License Agreement accompanies software downloaded
from this Site, Evanscorp will grant to the user a royalty-free license to use
the software for personal or non-commercial use, but prohibits the
sub-licensing or re-distribution of the software by the user. The software may
only be used for commercial purposes with the express written permission of
Evanscorp.
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| 5.4 | The software available on this Site is not warranted against
any defect or failure to function as expected.
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| 5.5 | Evanscorp will not be liable to any party for any loss,
damage, costs or expenses of any kind suffered directly, indirectly or
consequentially, arising out of or in connection with the use of any software
downloaded from this web Site.
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| 6 | Submissions Made via this Site |
| 6.1 | Submissions made to or via this site, whether by e-mail or
other means, should only contain material that is proper and relevant to the Site,
and must not contain:
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| a. | Information,
images, photographs, software or other material, either whole or in part, that
is protected by any Intellectual Property law, unless you control the
Intellectual Property rights or hold proof that you have obtained the necessary
permission to disseminate the material.
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| b. | Material
related to promotional activities, including but not limited to advertisements,
surveys, contests, selling schemes, junk mail, SPAM, and chain letters.
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| c. | Any abusive,
defamatory, profane, indecent, illegal or offensive material or that which
impinges upon the legal rights of any party.
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| d. | Destructive material,
including but not limited to viruses and corrupted files, that could affect the
operation or behaviour of any computer or network to which it is connected.
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| e. | Any false or
misleading information, including but not limited to legal notices or
identification information.
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| 6.2 | Evanscorp advises the use of caution when transmitting via
the Internet any personal details, contact information or material for which
you control the Intellectual Property rights.
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| 6.3 | By submitting to or via this Site any material for which you
hold Intellectual Property rights, unless explicitly stated otherwise, you
grant to Evanscorp a royalty-free license to use, re-distribute, copy, modify and
make available in the public domain the submitted material.
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| 7 | Links to Third Party Sites |
| 7.1 | Some links to third party web sites are included on this
Site. Such links are provided for the convenience of users, only. The use of
third party sites referred to by this Site is not subject to the terms and
conditions in this Policy.
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| 7.2 | Evanscorp does not control the content, behaviour or
functionality of any third party site referred to by this Site, and as such
does not warrant against any loss, damage, costs or expenses of any kind
suffered directly, indirectly or consequentially, arising out of or in
connection with the availability, functionality, behaviour or performance of
any third party site.
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| 8 | References to This Site |
| 8.1 | References to this Site from third party sites, whether by
means of a hyperlink or descriptive text, are permitted, provided that:
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| a. | Evanscorp has been notified of such a reference. |
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| b. | The correct
logos, fonts and product and service names are used (provided by Evanscorp,
upon request).
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| c. | Any
representation made about Evanscorp, its products and services are accurate and
not misleading, and do not contain any false, derogatory or discriminatory statements
about any party.
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| 9 | Trademark |
| 9.1 | The symbol contained within the Evanscorp logo is a
registered trademark in Australia. Express written permission for its use or
reproduction in any form must be obtained from Evanscorp prior to its use or
reproduction.
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| Statement Version | 1.0 |
| Date of last Revision | 17 Jul 2003 |
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