Disclaimer

This Disclaimer applies to all Users who access or make use of the Website Analysis Tools or any other Services offered by the Provider and to any communications made by the Provider to such Users (“Communications”), whether by way of information contained on the Website, newsletters, articles, other materials forwarded through electronic mail or any other forms of public or private communications.

 

In accessing and using the Website Analysis Tools or any other Services of the Provider, you expressly acknowledge and agree that:

(a) the Services are offered on an “as is” basis to Users only and the Provider does not in any way guarantee the accuracy, quality or completeness of the Services and any Reports generated through the use of the Services thereof;

 

(b) you are not required to use the Services or to accept, receive or use any Reports generated thereof. If you do use such Services and/or choose to receive such Reports, you do so at your own risk;

 

(c) the Provider does not in any way guarantee that the use of the Website Analysis Tools or the application of any recommendations or suggestions contained in any Reports shall improve the performance of your website or websites, or in any other way produce results, whether anticipated or otherwise, in respect of your website or websites. Many factors exist which may influence the performance of a website or the placement of websites in relation to search engine results, including those relating to changes in algorithms of search engines. The Website Analysis Tools can therefore only offer basic recommendations and suggestions on a number of such factors;

 

(d) accordingly, the Provider shall not be in any way liable for the use of such Services and the use or reliance on the content of any Reports thereof, including but not limited to liability arising as a consequence or result of:

 

(i) any errors or omissions in the Services;

 

(ii) any errors or omission in the content of Reports thereof; or

 

(iii) any loss or damage of any kind incurred through the use or reliance of the content of such Reports.

 

In accessing and viewing any Communications of the Provider, you expressly acknowledge and agree that:

(a) all statements and opinions expressed in such Communications are supplied for information purposes only. Under no circumstances are the Communications intended for any business, commercial or income related purposes or activities;

 

(b) additionally, no Communications shall create any warranty not expressly stated in the T&C and you are not entitled to rely and/or act on such Communications and/or use them as a basis for any cause of action in law or otherwise.

 

The Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to:

(a) any warranty of merchantability or fitness for a particular purpose in respect of your access and use of the Services, any Reports generated thereof and/or your receipt of Communications; and

 

(b) any warranty in respect of any reliance place on or results procured from the use of the Services, the contents of the Reports or Communications of the Provider.

 

This Disclaimer is supplementary to and has been incorporated by reference into the General Terms and Conditions of the Website. Unless otherwise defined herein, all capitalised terms are defined in the General Terms and Conditions.

General Terms and Conditions

Please read the following General Terms and Conditions carefully as the provisions contained herein govern your access and use of the Website.  In addition to these General Terms and Conditions, you are required to read our Disclaimer and our Privacy Policy sections if you use the services offered by us on this Website or if you communicate with us in any way.

  • ACCEPTANCE OF TERMS
    • The Website is owned and operated by Search Engine Experts PTY LTDand/or its associates, related parties, successors and assigns (collectively referred to as “Provider”, us, we or our”).
    • The terms and conditions set below and those contained in the Disclaimer and Privacy Policy sections of this Website are for the purposes herein, collectively referred to as “T&C”.  The “T&C” applies to any persons viewing or otherwise accessing the Website and any persons using the services offered by us on this Website or communicating with us in any way (each such person being referred to as “User”, “you” or “your”).
    • By accessing and using the Website, you hereby acknowledge and agree to be bound by the T&C. 

  • ELIGIBILITY
    • In consideration of your becoming a User, you represent and warrant that:
  • you are 18 years of age or older;
  • you have the capacity to form a binding contract;
  • you are not a person barred from accessing or using the Website under the governing laws of the T&C; and
  • your access or use of the Website does not violate any applicable law or regulation.

  • WEBSITE ACCESS
    • You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website.
    • You understand that the Website may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access of the Website is subject to Software usage rules set by the Provider and/or its licensors.  The Provider makes no warranty that any errors in the Software will be corrected.
    • The Website is offered, supplied and provided on an "as-is" and “as available” basis, and the Provider assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings.
    • You may not:
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
  • interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;
  • take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • "stalk" or otherwise harass another; or
  • collect or store personal data about other Users; and
  • attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.  Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Information contained therein, in whole or in part, is strictly prohibited.

  • WEBSITE SERVICES
    • The Website offers website analysis tools (“Website Analysis Tools”) enabling Users to perform optimisation and functionality tests of individual websites (“Services”).  Unless explicitly stated otherwise, any new services, features, or content offered or made available from time to time by the Provider through or in connection with the Website shall be subject to the T&C.
    • The Website Analysis Tools comprise publicly available tools sourced from third party providers and are therefore offered on an “as is” basis to Users, subject to all Disclaimers contained in the Disclaimer section of the Website.  Any reports generated through or from the use of the Website Analysis Tools (“Reports”) are also subject to such Disclaimers.
    • All intellectual property rights, including names, logos, trademarks, designs, drawings, source codes, techniques and concepts, embodied in, or present in relation to, the Website, the Services and/or the Reports, are the proprietary rights of, and are, and shall remain, owned or controlled by, the Provider or the author or creator of such rights.
    • You acknowledge and agree that you will receive no right, title or interest whatsoever in respect of any such intellectual property rights under the T&C. Except to the extent otherwise specifically authorised in writing by the Provider:
      • you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, the Website, the Services, the Reports or any other content or information contained in the Website, or create any derivative works thereof;
      • you may only download Reports relating to websites owned or operated by you or your associates solely for your own individual use; and
      • you shall not reverse engineer, decompile, copy or otherwise reproduce any part of any intellectual property embodied in the Website or the Services.

  • SUPPLY OF INFORMATION
    • If you choose to download a Report, you are required to supply your personal and other information to the Provider when doing so.  Additionally, you may be required to supply information when you communicate with us for any reason. 
    • In supplying such information:
  • you agree to supply only true, accurate, current and complete information to the Provider;
  • you must not supply any information that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  • any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • any information or content comprising unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • any information or content containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
  • any information or content purporting to impersonate any other person or entity, including, but not limited to, the Provider’s official, employee, consultant, guide, host or any other representative or falsely state or otherwise misrepresent your affiliation with a person or entity.
    • The Provider has a right to refuse you access to the Website and use of the Services at any time in the event that you have breached any obligations herein, or the Provider has reasonable grounds to suspect that such obligations have been breached.
    • The technical processing and transmission of information and content submitted by you may involve:
  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices,

and may result in a loss or security breach of the information or content submitted by you.  You agree that the Provider has no responsibility or liability for any damage arising from such loss or security breach in any way whatsoever.


  • EXCLUSION OF LIABILITY
    • You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
  • the accessing of, or the inability to access, the Website or the Services, or the use of, or the inability to use, the Website or the Services;
  • unauthorised access to or alteration of your transmissions or data;
  • any other matter relating to the Website or the Services; and
  • the use or non-use of or reliance or non-reliance on the Reports or any parts thereof.

  1. INDEMNITY
    • You agree to indemnify and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your access of the Website, your use of the Services, your violation of the T&C and your violation of any rights of another.

  1. GENERAL PRACTICES

    • You agree that the Provider may establish general practices and limits concerning use of the Website, including without limitation, the maximum number of times and the maximum duration for which you may access the Services in a given period of time.
    • The Provider reserves the right to modify its general practices and limits from time to time.

  1. MODIFICATIONS TO THE WEBSITE, SERVICES AND T&C
  • The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any Services and any Information, with or without notice. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.
  • The Provider reserves the further right to make any amendments to the T&C, including the terms herein, the Disclaimers and/or the Privacy Policy, at any time in its sole and absolute discretion, with or without notice to you.  The most current version of the aforesaid documents as posted on the Website shall supersede all previous versions.
  • You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website and/or amendments to the T&C.  Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the aforesaid documents, as amended.

  • SUSPENSION AND TERMINATION
    • You agree that the Provider may, under certain circumstances and without prior notice, immediately suspend or terminate your access to the Website and bar any further use of the Services. Cause for such suspension or termination shall include, but not be limited to:
    • breaches or violations of the T&C;
    • requests by law enforcement or other government agencies;
    • discontinuance of the Website (or any part thereof); and
    • unexpected technical or security issues or problems.
    • You agree that all suspensions or terminations for cause shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such termination.

  • OFF SITE LINKS
    • The Website may provide, or third parties may provide, links to other Websites or resources.
    • You understand and acknowledge the Provider has no control over such sites and resources.  In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
    • You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  1. EMAIL POLICY
  • We will not respond, unless required to do so by law, to any electronic mail (“Email”) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
  • We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 12 months after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.

  • NOTICES
    • If you choose to provide us with a nominated email address, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to this Website, the Services or additional information regarding further Services which the Provider may be able to offer to you.

  1. GOVERNING LAW AND JURISDICTION
    • The T&C and any non-contractual obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of the state of Victoria.
    • You understand, agree and acknowledge that the courts of Victoria are to have non-exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of that state.

  1. ENTIRE AGREEMENT
    • The T&C, including the Disclaimers and Privacy Policy sections, constitute the entire agreement between you and the Provider and govern your use of the Website, superseding any prior agreements between you and the Provider.
    • You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.

  • WAIVER AND SEVERABILITY OF TERMS
    • The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
    • If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.

  • VIOLATIONS AND INFRINGEMENTS
    • Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at [ sales@searchx.com.au]