Terms Of Use

Ken MacKenzie Communications owns and operates this website and related sub domains. Terms of Use Agreement states the terms and conditions under which you may access and use this website. By accessing and using this website you agree to be bound by these terms and conditions.

If you do not accept the terms and conditions of the Ken MacKenzie Communications website, you must discontinue using it.

Ken MacKenzie Communications may revise this Agreement at any time by updating this website. Use of the website after such changes are posted will indicate your agreement to these revised terms. You should visit this page periodically to review this Agreement.

Ownership of Material, Software Licences & Intellectual Property Rights

All materials displayed or otherwise accessible through this website, including, without limitation, articles, text, photographs, images, illustrations, computer software and code, and the website, itself, are protected under Australian and foreign copyright or other laws, and are owned by Ken MacKenzie Communications.

Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet ( including placing on another website ), transmission, redistribution or other exploitation of this website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of Ken MacKenzie Communications.

All software embedded in or located on or at this website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Ken MacKenzie Communications, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into this website, subject to

(i) the terms and conditions of this Agreement, and
(ii) any additional conditions which may be imposed on your access and use of such Software.
If this website provides Software for download, unless otherwise provided, you are hereby granted, subject

(i) to the terms of this Agreement and
(ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to
(i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and
(ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not:

(i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part;
(ii) sell, rent, lease, licence, trade, transfer or otherwise provide access to the Software;
(iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or
(iv) disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in this website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into this website or made available for download from this website, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into this website is provided as Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty

(i) that the Software is of merchantable quality or is fit for any particular purpose;
(ii) that the Software will conform with any specification(s) relating to the Software;
(iii) that the Software will be free from material defects;
(iv) that the Software contains no computer viruses or other contaminants; or
(v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
Disclaimer

This website and all content is provided on an 'as is' basis. By accessing and using this website you acknowledge and agree that use of this website and the content is entirely at your own risk.

Ken MacKenzie Communications makes no representations nor warranties regarding this website and the content, including, without limitation, no representation or warranty:

(i) that this website and/or content will be complete, accurate, reliable, suitable or timely;
(ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through this website will be of merchantable quality or fit for a particular purpose;
iii) that the operation of this website will be uninterrupted or error free;
(iv) that defects or errors in this website will be corrected;
(v) that this website will be free from viruses or harmful components; and
(vi) that communications to or from this website will be secure or not intercepted.
The information contained on this website is for information purposes only. It is not intended to provide accounting, legal, investment, financial, or other advice to you, and you should not rely upon the information to provide any such advice.

All information posted on this website is intended only as a basis for further discussion, enquiry and study. Ken MacKenzie Communications disclaims any liability for direct, indirect or consequential loss arising in connection with the use of the contents of this website or reliance on those contents by any person or organisation, whether in its original form or altered in some way by the user.

Ken MacKenzie Communications gives no warranties nor does Ken MacKenzie Communications make any representation in respect of the contents of this website. Ken MacKenzie Communications advises users of this website to seek their own appropriate independent professional advice to matters raised in this website.

Limitation of Liability

(A) To the extent permitted by law Ken MacKenzie Communications aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content is limited to the following, the choice of which is at Ken MacKenzie Communications sole discretion:

(i) In the case of goods any one or more of the following:

(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; or

(ii) in the case of services:

(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.

(B) To the extent permitted by law Ken MacKenzie Communications will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

(C) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

Ken MacKenzie Communications expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of this website or any advertiser or sponsor of the website. Under no circumstances shall Ken MacKenzie Communications and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from this website.

If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to this website, you do so entirely at your own risk.

You hereby release Ken MacKenzie Communications and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through this website or by third parties through this website.

Links, Downloads, Features and Advertisements

This website contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Ken MacKenzie Communications of the contents of such third-party web sites.

We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against Ken MacKenzie Communications or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that Ken MacKenzie Communications or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo, or copyright symbol of Ken MacKenzie Communications or any of our affiliates.

Ken MacKenzie Communications is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation

(i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site;
(ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or
(iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Ken MacKenzie Communications encourages links to this website, it does not wish to be linked to or from any third-party web site which:

(i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Ken MacKenzie Communications or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
(ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy, or which is protected by copyright, trademark or other proprietary rights. Ken MacKenzie Communications reserves the right to prohibit or refuse to accept any link to this website, including, without limitation, any link which contains or makes available any content or information of the aforementioned nature, at any time. You agree to remove any link you may have to this website upon the request of Ken MacKenzie Communications.
Indemnity

You agree to indemnify, defend and hold harmless Ken MacKenzie Communications and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Ken MacKenzie Communications website or any Ken MacKenzie Communications website Content or other content to which the Ken MacKenzie Communications website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Ken MacKenzie Communications website; and/or (iv) your violation of any law or regulation.

Registration and Use of Passwords

To access particular pages and features of this website, you may be asked to register with Ken MacKenzie Communications. You agree:

(i) that Ken MacKenzie Communications reserves the right to refuse registration access to any individual or organisation at any time
(ii) to provide true, accurate, current and complete information about yourself as prompted by any form provided by Ken MacKenzie Communications and
(iii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete.

If Ken MacKenzie Communications has reasonable grounds to suspect that such information is misleading, inaccurate, not current or incomplete, Ken MacKenzie Communications has the right to suspend or terminate your access to and use of this website. Ken MacKenzie Communications use of any personally identifying information you provide as part of the registration process is governed by the terms of Ken MacKenzie Communications Privacy Policy.

To access particular pages of this website, you may need to use a username and password, which you will receive through our website registration process. It is your responsibility to maintain the confidentiality of the password and account, and you are responsible for all activities that occur using your password or account. You agree to notify Ken MacKenzie Communications immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Ken MacKenzie Communications cannot and will not be liable for any loss or damage arising from your failure or Ken MacKenzie Communications failure to protect your password or account information.

Security of Information on the Internet

You should note that information sent or received over the Internet is generally unsecure and Ken MacKenzie Communications cannot and does not make any representation or warranty concerning security of any communication to or from this website or any representation or warranty regarding the interception by third parties of personal or other information.

Governing Law and Jurisdiction

This website (excluding linked Web sites) is controlled by Ken MacKenzie Communications based in the state of New South Wales, Australia. By accessing or using this website, you agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the state of New South Wales and and the laws of Australia. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Australia and/or the courts of the state of New South Wales with respect to such matters.