Terms and Conditions
Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This website may also contain links to other websites, web pages and services, which are not operated by The3rdGear (the “Linked Sites”). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to these Terms of Service. You recognise that The3rdGear Pty Ltd (owner of this site) has no control over such Linked Sites and information, and you accept that The3rdGear provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person’s trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the businessanalysistool.com website.
Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of The3rdGear, its advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by The3rdGear, its advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the The3rdGear site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by The3rdGear via the businessanalysistool.com website, its advertisers or content suppliers.
E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Activation times may vary according to availability and settings for reactivation of previous accounts will be set at the discretion of businessanalysistool.com website administrators. The3rdGear is absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with (The3rdGear). When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods or services. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE AND THE LINKED SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE3RDGEAR DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEBSITE OR THE LINKED SITES.
DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW THE3RDGEAR, ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE AND/OR ITS’ CONTENT OR THE LINKED SITES, EVEN IF THE3RDGEAR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
You agree to indemnify, defend and hold harmless The3rdGear from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the The3rdGear services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Variation of Content
The3rdGear shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the The3rdGear website.
All information and material submitted by you to The3rdGear or that you publish on any public area of the The3rdGear website shall be provided by the submitter and accepted by The3rdGear on the basis as outlined in our Privacy Statement. Furthermore, The3rdGear shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and The3rdGear shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
The3rdGear may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
These terms and conditions shall be construed in accordance with Australian law and the courts of Australia OR the jurisdiction in which you are resident or domiciled (at The3rdGear’s election) shall have jurisdiction to resolve any disputes between you and The3rdGear, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Courts of Justice, Sydney, Australia for any and all disputes relating to the Terms of Service, use of this website or any Linked site in the event that The3rdGear have elected Australia as the jurisdiction.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The3rdGear. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the owner of The3rdGear.