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Terms and Conditions

Terms and Conditions

 

This web site is owned and operated by ProGroup Management Pty Ltd and will be referred to as "We", "our" and "us" in this Terms of Use policy. By using this site, you agree to the Terms of Use Policy of this web site (www.pgm.com.au) which is set out on this web site page.

 

Using our Web Site.

When using this web site you agree to be legally bound by these terms and conditions as they may be modified and posted to our web site from time to time.

Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.

If you do not wish to be bound by these terms and conditions then you may not use our website.

You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy on this website.

 

Applicability of Online Materials

Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.

We have used our reasonable endeavours to ensure that our web site complies with Australian law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside of Australia.

We make no warranties, express or implied that making the Products available in any particular jurisdiction outside of Australia is permitted under any applicable non-Australian laws or regulations. Accordingly, if providing the Products or services or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products and or Services are not offered for sale to you. You accept that if you are resident outside of Australia, you must satisfy yourself that you are lawfully able to purchase the Products or Services. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products or Services by persons in jurisdictions outside of Australia or who are nominees of or trustees for citizens, residents or nationals of other countries.

 

Copyright and Monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights. We, or other third party licensors, are the owner of these rights. All product and company names and logos mentioned in our web site are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of using it as an information resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

 

Linked Sites

We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

 

Availability of our Web Site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.

We are committed to safeguarding the privacy of our users. We take your privacy very seriously and it is important to us that you can use and enjoy our website without having to compromise your privacy in any way. For more information, please see our privacy policy.

Disclaimer

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  ProGroup Management Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, ProGroup Management Pty Ltd does not warrant that:


  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

 

Limitations of liability

ProGroup Management Pty Ltd will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ProGroup Management Pty Ltd has been expressly advised of the potential loss.


Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ProGroup Management’s liability in respect of any:

  • death or personal injury caused by ProGroup Management’s negligence;
  • fraud or fraudulent misrepresentation on the part of ProGroup Management; or
  • matter which it would be illegal or unlawful for ProGroup Management to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.


Other parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect ProGroup Management’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ProGroup Management


Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.