Acceptance of Terms

Please read the following important Terms and Conditions (the “Agreement”) carefully. The Agreement governs your access to and use of the websites owned or managed by Walley Advertising Pty Ltd Your access to and use of the Website requires your compliance with the Agreement and the terms and conditions contained herein. By accessing and/or using the Website, you agree to be bound by the Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the Website. This Agreement sets forth Walley's terms and conditions with respect to its operation of the Websites; other policies and agreements govern Walley's non-Internet operations.  

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Authorised Use

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You may use this Website only for your personal use and subject to this Agreement, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.  

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Affiliates

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As used in the Agreement, the term “Affiliates” means, any other Person that directly or indirectly controls, is controlled by, or is under common control with Walley. The term “control” (including, with correlative meanings, the terms “controlled by” and “under common control with”) as applied to any Person means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities or other ownership interest. The term “Person” means any individual, partnership, corporation, limited liability company, unincorporated organisation or association, any trust, or any other business entity.​

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Amendments to the Agreement

Walley reserves the right, in its sole discretion, to modify, alter, or otherwise change the Agreement at any time and without notice. All modified terms and conditions will be effective after the modified terms and conditions have been posted on the Website. Please review the Agreement periodically for changes. If any modified terms and conditions are not acceptable to you, you must immediately discontinue use of the Website. Further, if any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Website. By continuing to access or use the Website after any posted modification to the Agreement, you agree to be bound by such changes.

Privacy

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Restrictions

The Website may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website. In addition, you agree not to exceed the authorised access granted to you herein by Walley or do any of the following while using or accessing the Website:

• upload, post, email or otherwise transmit any viruses, worms, defects, Trojan horses or other computer code that may interrupt, destroy, limit the functionality of the Website, or interfere with the access of any user to the Website; 

• circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or features that enforce limitations on the use of the Website; 

• attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any aspect of the Website 

• reformat or frame any portion of the Website 

• use manual or automated software, devices, scripts robots, other device, means or processes to access, “scrape,” “crawl,” retrieve, index or spider any portion of the Website or Content 

• attempt to probe, scan or test the vulnerability of any Walley system or network or breach or impair or circumvent any security or authentication measures protecting the Website or the Content 

• interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website 

• use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website 

• take any action that imposes or may impose, in Walley's sole discretion, an unreasonable or disproportionately large load on Walley’s technology infrastructure or otherwise make excessive traffic demands of the Website 

• attempt to gain unauthorised access to the Website, computer systems, or networks connected to the Website through hacking, password mining or any other means 

• use the Website in any way that competes with Walley 

• encourage or instruct any other individual to do any of the foregoing 

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Walley will determine, in its sole discretion, whether you have engaged in prohibited conduct; Walley’s determination will be final and un-reviewable, and you waive any and all rights you may have to challenge Walley’s decision.

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Website Modification, Availability, Termination, Cancellation

The Website (or any portion of the Website or Websites) may be modified, updated, interrupted, suspended or terminated at any time, for any reason, without notice to you. You agree that Walley will not be liable to you or to any third party for any modification, update, interruption, suspension or termination of the Website or any portion thereof. Walley may suspend or terminate your access to a Website or the Websites at any time, in Walley’s sole discretion, with or without notice, if you fail to comply with any provision of the Agreement, or for any other reason, or for no reason at all. Any suspension, termination or cancellation will not affect your obligations to Walley under the Agreement (including but not limited to ownership, indemnification, disclaimers of warranty and limitation of liability, choice of law and venue), which by their sense and context are intended to survive such suspension, termination or cancellation. Walley will not be liable to you or any other person for termination of the Website or termination of your use of the Website.

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Ownership

The Website and the Content are protected by copyright, trademark, service marks, patents or other proprietary rights and laws. Walley, its licensors, and/or third parties exclusively own all right, title and interest in and to the Website(s) and the Content including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or the Content. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website(s) or the Content except as expressly permitted in the Agreement.  Walley hereby grants you a limited, non-exclusive, non-transferrable license to use the Content solely for your own purposes to consider business transactions with Walley.  No other use is authorised.  All rights not expressly granted to you in this Agreement are hereby reserved by Walley.  

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Testimonials

The Website may contain comments and statements by third parties about Walley or products and services obtained through Walley. Walley does not represent or warrant that any statements or comments by third parties are accurate or that you will have a similar experience. Walley explicitly disclaims any liability for reliance on any comments or statements made by third parties.

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Disclaimer of Warranties and Limitations of Liability

The Website and Content included therein, are provided on an “as is” and “as available” basis without any warranties of any kind.

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Your use of, and reliance on, any information obtained from or through the website or websites is at your own risk. Walley makes no representations and expressly disclaims all warranties of any kind, whether express, implied or statutory, relating to the website, the operation of the website or the information, content or material included on the website, including but not limited to the warranties of title, merchantability, fitness for a particular purpose, non-infringement of propriety rights, course of dealing or course of performance. Further, Walley makes no warranty that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results of information that may be obtained from the use of the website will be accurate or reliable, (iv) the quality of any product, services, information, or other material purchased or obtained through the website will meet your expectations, (v) any errors in the software or website will be corrected, or that (vi) its servers will be free of viruses and or other harmful components. Your use of the website is at your sole discretion and risk. Any material or content downloaded or otherwise accessed or obtained through the use of the website is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system, mobile device or loss of data that results from your use of the website. No advice or information, whether oral or written, obtained by you from Walley or through or from the website will create any warranty not expressly stated in the agreement. Walley and its affiliates, licensors, officers, employees, agents, or shareholders will not be responsible for any personal injury, property damage, or other harm that results from your use of the website. Additionally, you expressly understand and agree that in no event will Walley be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages whatsoever, whether the damages are foreseeable and whether or not Walley have been advised of the possibility of such damages, including but not limited to: (i) damages for loss of profits, goodwill, use, data, or business interruption or otherwise intangible losses of any kind, (ii) the use or the inability to use of the website, (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the website, (iv) unauthorised access to or alteration of your transmissions or data, (v) errors or inaccuracies contained on the website or any content, information, products, or services obtained through the website, (vi) statements or conduct of any third party on the website, (vii) any property damage including damage to your device caused by viruses or other harmful components, during or on account of access to or use of the website or any site to which it provides links, (v) any damages otherwise arising out of the use of the website or otherwise related to the website. The limitations of liability will apply regardless of the form of action, whether based on contract, negligence, strict liability or otherwise.

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Your sole and exclusive right and remedy in case of dissatisfaction with the Website or any other grievance will be your discontinuation of access to, or use of the Website.

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General

The Agreement is the entire agreement between you and Walley concerning the Website and supersedes all prior or contemporaneous communications between you and Walley with respect to the Website. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, then such provision will be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provisions, and the remaining provisions will remain in full force and effect. No waiver of any term of the Agreement will be deemed a further or continuing waiver of such term or any other term, and Walley’s failure to assert any right or provision under the Agreement will not constitute a waiver of such right or provisions.

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The Agreement is not assignable, transferable or sub licensable by you except with Walley’s prior written consent, but may be assigned or transferred by Walley without restriction. Any assignment attempted to be made in violation of the Agreement will be void. 

The prevailing party in any proceeding arising under the Agreement will be entitled to receive reimbursement of its reasonable expenses and attorneys’ fees.

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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within (1) year after such claim or cause of action arose or be forever barred.

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