Ammunition Pages

Recitals:

(a) The following terms and conditions govern the use of www.ammunitionpages.com and www.ammopages.com (‘the Site’) and the materials available therein (‘the Materials’) by the website user (‘the User’);

(b) Ammunition Pages (‘the Administrator’) administers the Site and controls the provision of the Materials therein.

1. Application of the Terms and Conditions

1.1. The User agrees to be legally bound by these terms, which shall take effect immediately on the User’s first use of the Site.

1.2. In the event the User does not agree to be bound by the terms and conditions, the User’s sole and exclusive remedy is to discontinue using the Site.

2. Use of the Site

2.1. The User may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Site and the Materials in any way except for the User’s own personal, non-commercial use. The User may not adapt, alter or create a derivative work from the Materials except for the User’s own personal, non-commercial use. Any other use of the Materials requires the prior written consent of the Administrator.

2.2. The User agrees to use the Site and the Materials only for lawful purposes, and in a way that does not infringe the rights of other Site users, and/or restrict or inhibit other Site user’s use and enjoyment of the Site and the Materials. Prohibited behaviour includes but is not limited to harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, and the use of the Materials for any purpose deemed to be illegal by the law of the jurisdiction in which the User downloads, accesses, or otherwise utilises the Materials.

3. Purchase of the Materials

3.1. The Materials are available to the User by means of subscription (‘the Subscription’).

3.2. The User is solely responsible for the protection and confidentiality of any password or user identification issued to the User by the Administrator from time to time. The User must not reveal (or cause to be revealed through any act or omission) its password to any other person or entity.

3.3. The Administrator charges a fee for Subscription. The fee charged is determined at the sole discretion of the Administrator and may be changed at any time, without notice to the User. Any change to the fee charged for the Subscription will not affect the Subscription purchased by the User prior to the fee change.

3.4. The Subscription fee is by default set to recurring by the Administrator. The User can cancel the payment of the recurring Subscription fee at any time through notification to the Administrator or cancellation of payment by the User’s payment provider.

3.5. The User can only access the Materials for the period of the Subscription. Any use of the Materials following the expiry of the Subscription will constitute a breach of these Terms and Conditions and the Administrator reserves its rights to recover against the User for such a breach.

4. Restrictions on Use of the Site

4.1. The use of the Site and/or the Materials is at the risk of the User.

4.2. Under no circumstances shall the Administrator and its affiliates or directors, officers, employees, agents, subcontractors, successor, assign, contributors, third party content providers or licensors be liable for, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages, liability, expense or reliance in connection with the Site and/or the Materials, the use of the Site and/or the Materials even if the Administrator and its affiliates or directors, officers, employees, agents, subcontractors, successor, assign, contributors, third party content providers or licensors has been advised of the possibility of such damages. This includes but is not restricted to loss, damages, liability, or expense the User may suffer as a result of any of the following:-

4.2.1. Reliance on the completeness, accuracy, suitability or currency of the Site and/or the Materials (including third party material and advertisements) and the advice, factual material, opinion, statement, or other information contained therein, irrespective of any verifying measures taken by the Administrator. The Site and/or the Materials are designed for general interest only. Reliance upon any such advice, factual material, opinion, statement or other information contained in the Site and/or the Materials (including third party material and advertisements) shall also be at the User’s own risk;

4.2.2. Failure of performance, inaccuracy, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration of or use of any content herein, or unauthorised access to records regardless of cause, or for any damages resulting therefrom;

4.2.3. Accessing any sites or servers maintained by organisation through links on the Site. Links including any link contained in a linked site are provided for the convenience of users of the Site and without any representation as to the operation or content of those sites. Unless other stated, linked sites and their products and services are not endorsed by the Administrator and the use of any such site is at the risk of the User;

4.2.4. The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the Site;

4.2.5. Defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct;

4.2.6. A breach by the Administrator of the Privacy Policy (other than a wilful breach).

5. Indemnity

5.1. As a condition of use of the Site, the User agrees to indemnify the Administrator and its affiliates or directors, officers, employees, agents, subcontractors, successor, assign, contributors, third party content providers or licensors from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out of the User’s use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms and Conditions.

6. Disclaimers

6.1. The User specifically acknowledges and agrees that the Administrator is not liable for any conduct of the User.

7. Limited Warranty

7.1. The Administrator represents and warrants that it has the right and authority to make the Materials available pursuant to these Terms and Conditions.

7.2. Except as otherwise provided in clause 7.1, the Materials and all other Site content not constituting the Materials, including the information, names, images, pictures, logos and icons regarding or relating to the Site and the Administrator its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including, without limitation, the implied warranties of satisfactory quality and merchantability, samples being same as the Site content, fitness for a particular purpose, non-infringement, compatibility, security and accuracy and such warranties are expressly negated, and subject to clause 7.3, contracted out of.

7.3. Despite anything contained in these Terms and Conditions, if due to the provisions of the Trade Practices Act 1974 (Cth), the Fair Trading Act 1989 (Qld), and/or the Sale of Goods Act 1896 (Qld), warranties are implied into the supply of the Materials by way of Subscription and are unable to be expressly contracted out of, then the User shall have the full benefit thereby only to the extent to which those warranties are applicable to these Terms and Conditions and may not be excluded from it and any and all other warranties are hereby expressly negated and excluded and to the extent that the aforementioned Acts permit the Administrator to limit its liability for a breach of any such warranty, the Administrator’s liability is limited at the discretion of the Administrator to:-

7.3.1. The supply of the Materials by way of Subscription again;

7.3.2. The payment of the cost of having the Materials supplied again by Subscription;

7.3.3. The refund of the Subscription fee paid by the User.

8. Intellectual Property

8.1. The names, images and logos identifying the Administrator or third parties and their products and services are subject to copyright, design rights and trade marks of the Administrator and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the Administrator or any other third party without first obtaining the Administrator’s express consent.

9. Use of the Site by Children

9.1. The Administrator requires the User to confirm their date of birth when subscribing to the Materials. Children (persons under the age of 18 years) are not eligible to subscribe to the Materials available on the Site.

9.2. Children may view the Materials and access the Site under the Supervision and with the consent of their parents and/or guardians. The Administrator is not required to take any steps to confirm whether its Site viewers are Children viewing the Site with the aforementioned consent.

10. Forums

10.1. The Site may contain bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (“Forums”). The User agrees to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum.

10.2. The use of the Forums by the User is governed by rules which may be enforced at any time by the Administrator. The rules of the Forums are:-

10.2.1. Contributions must be civil and tasteful;

10.2.2. No disruptive, offensive or abusive behaviour;

10.2.3. No unlawful or objectionable content;

10.2.4. No spamming or off-topic material;

10.2.5. No advertising;

10.2.6. No spoilers;

10.2.7. No impersonation;

10.2.8. No inappropriate (eg. vulgar, offensive etc) user names.

10.3. In addition and without limitation to the rules listed herein, the User is strictly prohibited from engaging in any of the following behaviour:-

10.3.1. Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others;

10.3.2. Publishing, posting, distributing or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information including text, graphics, video, programs or audio;

10.3.3. Uploading or attaching files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless the User owns or controls the rights thereto or has received all consents in respect of the intellectual property as may be required by law;

10.3.4. Uploading or attaching files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;

10.3.5. Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

10.3.6. Falsifying the origin or source of software or other material contained in a file that is uploaded;

10.3.7. Advertising or offering to sell any goods or services, or conduct or forward surveys, contests or chain letters or downloading any file posted by another user of a Forum that the User knows, or ought to know, cannot be legally distributed in such manner.

10.4. The views expressed in the Forums are those of the Users and members of the public and are not necessarily those of the Administrator. Any such postings on the Forum shall not be considered to have been reviewed, screened or approved by the Administrator.

11. Reservation of Rights of the Administrator

11.1. The Administrator reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or the Materials in any respect. The Administrator shall have no obligation to take the needs of any User into consideration in connection therewith.

11.2. The Administrator reserves the right to deny in its sole discretion any User access to the Site or any portion thereof (including any Materials) without notice.

11.3. Without limitation to the reservation of rights in clause 11.1 herein, the Administrator reserves the right to remove, for any reason and without notice, any content of the Forum received from Users including, without limitation, email and bulletin board postings.

12. Breach of Terms and Conditions

12.1. Without limiting other remedies available to the Administrator at law, in equity, or under these Terms and Conditions, the Administrator may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the Subscription of the User and refuse to provide further Subscription to the User if:-

12.1.1. The User breaches these terms and conditions, the Privacy Policy or the terms and policies those documents incorporate by reference;

12.1.2. The Administrator is unable to verify or authenticate any information provided by the User; or

12.1.3. The Administrator is of the opinion that the actions of the User may cause legal liability for the User, other users, the Site, or the Administrator.

13. Notices

13.1. A notice or other communication required to be given by the User to the Administrator must be in writing and sent by email transmission to sent through the enquiry form located at http://www.ammunitionpages.com/enquiry.html

14. General

14.1. If any part or provision of this Agreement is held to be invalid or otherwise unenforceable by any court of competent jurisdiction then that part or provision may, be severed from this Agreement and the remainder of this Agreement shall continue to be effective and valid notwithstanding such severance.

14.2. No waiver by the Administrator of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorised representative.

14.3. The failure of the Administrator to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

14.4. These Terms and Conditions are governed by and is to be construed in accordance with the laws in force in Queensland and the Commonwealth of Australia.

14.5. The User and the Administrator irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland and the Commonwealth of Australia.