Terms & Conditions

Last Modified: December 23, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement (“Agreement”) for www.appleworks.com.au (“Site,” “we,” “us,” or “our”), and this Agreement applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”). By using the Website, you represent that you have read and accepted these Terms and Conditions and the terms of the Privacy Policy.

We reserve the right to amend these Terms and Conditions and the Privacy Policy at any time without prior notice. Your continued use of the Website following any such amendment shall represent an agreement by you to be bound by the Terms and Conditions and the Privacy Policy as amended from time to time.

The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.

Your Use of the Website

You agree to use the Website only for the Permitted Purpose and in accordance with these Terms and Conditions. You further agree to comply with all applicable laws and accepted practices in the use of the Website. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user or conducting fraudulent activities on the Website are prohibited. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.  You shall not take any action that imposes an unreasonable or disproportionately large load on our server. You shall not violate or attempt to violate or compromise the security of the Website, including, without limitation, by (a) accessing data not intended for your use or logging onto a server or an account which you are not authorised to access; (b) using the Website other than for the Permitted Purpose or trying to change the behaviour of the Website; (c) attempting to probe scan or test the vulnerability of a system or network or breach security or authentication measures; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Website or to the Website (such as by impersonating as a legitimate user).  Sending unsolicited and unauthorized e-mails on behalf of AppleWorks, including promotions and/or advertising of products or services, is expressly prohibited.

You shall be responsible for maintaining the confidentiality of your user account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

We reserve the right, at our sole discretion, to restrict and/or terminate your access to the Website, or any part of the Website, at any time and without prior notice to you, and without providing any reasons whatsoever, and without any liability either to you or to any third party.

Intellectual Property Rights

All Intellectual Property Rights in, to or associated with AppleWorks, the Website, the Content or the Products, belong to us, our Affiliates or suppliers. You shall not (a) reproduce, modify, distribute, store, transmit, publish or display within another website the Content or any part thereof, or any computer software or code contained in the Website, (b) download the images of the Products, (c) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website, (d) commercialize any information obtained from the Website; (e) create derivative works from the Website; or (f) use or infringe any of our trade marks or other Intellectual Property Rights or those of our Affiliates or suppliers, or any other trade marks or Intellectual Property Rights in, to or associated with us, the Website, the Content or the Products.

You shall not use any information on the Website in a manner which infringes the Intellectual Property Rights of any person or party.  Nothing in the Website shall be construed as conferring any license or other rights under our Intellectual Property Rights or other proprietary rights or those of our Affiliates or any third party, whether implied or otherwise.

Registration

We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

Advertising

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

Posting

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (“Post” or “Postings”) and (b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site or the Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

Warranty

We will offer you either a repair, exchange or refund if your item is faulty, if the fault occurs within 3 days of purchase (or delivery or installation). If replacement or repairs are not possible, we will examine the Goods and, if the Goods are faulty or do not do what we say in Writing that they will do, will, at your option, either remedy the defect in question, replace the defective Goods or refund the price of the defective Goods. You must return all Goods to us in their original packaging in substantially the same condition as you bought them and you should ensure that all returned Goods bear a return identification number clearly visible on the exterior (such number may be obtained from us prior to return of the Goods by you).

Payment

Unless we agree otherwise in Writing, you must pay for Goods (and any Support Services) prior to the despatch of the Goods to you by such means as we may notify you of. Where the Goods and/or Support Services are supplied on credit terms granted at our discretion, payment will be made by you by the end of the month following our invoice date. Payment by cheque is deemed to have been made only upon such cheque being met on first presentation.

Hyperlinks To Third Party Sites

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, the Parent Companies or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site’s, the Parent Companies’ or any of their Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Site collects and uses your Personal Information and other information, and the nature of certain of our relationships.

This Terms of Use Agreement was last modified on the date indicated above and is effective immediately.