Agreement between User and Tony Gavin
In this Agreement “Tony Gavin” means;
Sherpa Way Pty Ltd
A.C.N. 629 024 282
(ATF The Shangri-La Unit Trust)
A.B.N. 47 401 411 568
T/as ROI Media Australia
Suite 17, 29 Cinderella Drive
Springwood QLD 4127
its successors and assigns. The tonygavin.com website is comprised of various web pages operated by Tony Gavin.
Links to third parties
The tonygavin.com website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tony Gavin and Tony Gavin is not responsible for the contents of any Linked Sites including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Tony Gavin is not responsible for webcasting or any other form of transmission received from any Linked Site. Tony Gavin is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Tony Gavin of the site or any association with its operators.
No unlawful or prohibited use
Use of communication services
The tonygavin.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). You agree to use the Communication Services only to post send and receive messages and material that are proper and related to the particular Communication Service. By way of example and not as a limitation you agree that when using a Communication Service you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know or reasonably should know cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others including e-mail addresses without their consent.
- Violate any applicable laws or regulations.
Tony Gavin has no obligation to monitor the Communication Services. However Tony Gavin reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tony Gavin reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Tony Gavin reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit refuse to post or to remove any information or materials in whole or in part in Tony Gavin’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tony Gavin does not control or endorse the content messages or information found in any Communication Service and therefore Tony Gavin specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Tony Gavin spokespersons and their views do not necessarily reflect those of Tony Gavin.
Materials uploaded to a Communication Service may be subject to posted limitations on usage reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Tony Gavin or posted at any Tony Gavin website
Tony Gavin does not claim ownership of the materials you provide to Tony Gavin (including feedback and suggestions) or post, upload, input or submit to any Tony Gavin website or its associated services (collectively “Submissions”). However by posting, uploading, inputting, providing or submitting your Submission you are granting Tony Gavin and its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission as provided herein. Tony Gavin is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tony Gavin’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products and services included in or available through the tonygavin.com website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Tony Gavin and/or its suppliers may make improvements and/or changes to the tonygavin.com website at any time. Advice received via the tonygavin.com website should not be relied upon for personal, medical, business or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Tony Gavin and its suppliers make no representations about the suitability, reliability, availability or timeliness and accuracy of the information, software, products, services and related graphics contained on the tonygavin.com website for any purpose. To the maximum extent permitted by applicable law all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. Tony Gavin and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law in no event shall Tony Gavin and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, data or profits arising out of any or in any way connected with the use or performance of the tonygavin.com website, with the delay or inability to use the tonygavin.com website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the tonygavin.com website, or otherwise arising out of the use of the tonygavin.com website, whether based on contract, tort, negligence, strict liability or otherwise, even if Tony Gavin and/or any of its suppliers has been advised of the possibility of damages.
Termination of access or restriction
Tony Gavin reserves the right in its sole discretion to terminate or restrict your access to the tonygavin.com website and the related services or any portion thereof at any time without notice to you.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tony Gavin as a result of this agreement or use of the tonygavin.com website. Tony Gavin’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Tony Gavin’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the tonygavin.com website or information provided to or gathered by Tony Gavin with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein this agreement constitutes the entire agreement between the User and Tony Gavin with respect to the tonygavin.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and Tony Gavin with respect to the tonygavin.com website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn in English.
Copyright and Trademark notices:
All copy displayed on the tonygavin.com website is the legal copyright of its respective owners and licensees.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious unless otherwise stated. Otherwise no association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and procedures for making claims of copyright infringement
Notifications of claimed copyright infringement under Australian copyright law should be sent to;
ROI Media Australia
PO Box 882
Springwood QLD 4127
Inquiries not directed to Tony Gavin in writing will not receive a response.