Terms of Access to the Generation G Pty Ltd Website

This Website ["Website"] is owned and operated by Generation G Pty Ltd ["Generation G"] on the World Wide Web ["WWW"]. The Website and the content of the Website is copyright 2007 Generation G. The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to the terms and conditions set out below.

Use of material on the Website
1.Except for the limited use set out in paragraph 2. below you may not use the Website, or the material contained on it, for any purpose including but not limited to the reproduction of the material in any material form, the distribution of the material in any material form, re-transmission of the material by any medium of communication, uploading and/or reposting the material to any other site on the WWW or "framing" the material on the Website with other material on any other WWW site. Such activities are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
2.Notwithstanding the restrictions in paragraph 1. above you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and/or trade mark notices from the material.
3.You may not modify or copy the layout of the Website or any computer software and/or code contained in the Website.
4.Generation G reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be re-sold and/or re-distributed in any material form, stored in any storage media, and/or re-transmitted in any media without the prior written consent of Generation G.

Links to other Websites
5.The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of Generation G.
6.In relation to the other sites on the WWW which may be linked to the Website Generation G provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Generation G of the linked site and Generation G is not responsible for the material contained on those linked sites.

Disclaimer
7.Generation G makes the Website available for others to publish information without assuming a duty of care to users. Generation G is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
8.To the full extent permitted by law Generation G disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites and the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
9.Generation G will not be liable under any circumstances for any loss of profits or any damages of any kind (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you acting or failing to act on any information contained on or referred to on the Website and/or any of the linked Websites or you using or acquiring or your inability to use or acquire any service or product contained or referred to on the Website and/or any linked sites.
10.Generation G does not warrant, guarantee or make any representation that the Website, or the server that makes the site available on the WWW are free of software viruses, that the functions contained in any software contained on the Website will operate uninterrupted or are error-free or that any errors and defects in the Website will be corrected.
11.Generation G is not liable to you for errors or omissions in the Website or linked sites on the WWW, delays to, interruptions of or cessation of the services provided in the Website or linked sites or defamatory, offensive or illegal conduct of any user of the Website whether caused through negligence of Generation G, its employees or independent contractors, or through any other cause.
12.You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability
13.To the full extent permitted by law Generation G's liability for any implied warranty or condition is limited, at the choice of Generation G, to one or more of the following:
(a)If the breach of an implied warranty or condition relates to services:
(b)the supply of the services again; or
(c)the payment of the cost of having the services supplied again.
14.If the breach of an implied warranty or condition relates to goods:
(a)the replacement of the goods or the supply of equivalent goods;
(b)the repair of such goods;
(c)the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of information gathered/Privacy policy
15.Generation G and/or people authorised by it may gather and process the information which you may provide when accessing the Website such as your name, address, e-mail address and other personal information about you and information regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website. Generation G may authorise others to offer you goods and services using this information.
16.You in your own right and on behalf of any interested person(s) HEREBY CONSENT to Generation G (subject to its obligations under the Privacy Act 1988 (Cth)) at any time collecting, using and/or disclosing commercial and/or consumer information about you and/or any interested person(s): (i) which relates to but is not limited to identity, credit history and/or solvency; (ii) for the purpose(s) of assessing creditworthiness, risk and/or solvency and/or enforcing any rights of Generation G; and/or (iii) by arrangement with any authorised agent(s), credit provider(s) and/or reporting service(s) and the like (including any banker(s), the ASIC, ITSA etc.). Generation G may refuse to grant credit if any information to which it is entitled is inaccurate or not provided and otherwise agrees to allow you access to all such information. These Terms of Access may be produced as conclusive evidence of your consent.

Termination of access
17.Generation G may terminate access to the Website at any time without giving any explanation or justification for the termination of access and Generation G has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms of Access
18.Generation G reserves the right to change these Terms of Access with or without further notice to you and without giving you any explanation or justification for such change.

Removal of information
19.In relation to any material and/or information included on the Website Generation G may remove any material and/or information including but not limited to any links to other sites on the WWW at any time without giving any explanation or justification for removing the material and/or information.

Limitation of liability
20.Generation G and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind which you may incur arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website and as a consequence of removing any material and/or information from this Website.

Indemnity
21.You will at all times indemnify and keep indemnified Generation G and its respective officers, employees and agents ["Those Indemnified"] from and against any loss (including legal costs on an indemnity basis) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and/or publication of or distribution of the material and/or information supplied by you.

Uploading information
22. You represent and warrant in relation to any material and/or information you provide to the Website that:
(a)you are authorised to provide the material and/or information;
(b)the material and/or information is not defamatory or a malicious falsehood in relation to any product, service,
person or corporation;
(c)the material and/or information is not the "passing off" of any product or service and does not constitute unfair competition;
(d)the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e)the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic.) and equivalent state and territory legislation] and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

License to use intellectual property
23. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks ["Intellectual Property"] on to the Website, you are granting Generation G a perpetual, non-exclusive and payment-free license throughout the world to:
(a)reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b)allow Generation G to sub-license others the same rights granted to Generation G in paragraph 23(a) above.

Relevant jurisdiction
24.If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
25.This Agreement will be governed by and interpreted in accordance with the law of the Victoria, Australia, without giving effect to any principles of conflicts of laws.
26.You agree to the jurisdiction of the courts of the Victoria, Australia, to determine any dispute arising out of this Agreement.