This Site is operated and owned by TP Super Solutions ("TPSS") and TP Super Advice ("TPSA"). Your
access to and use of the Site is conditional on acceptance of these
Terms and Conditions. Use of the Site indicates your acceptance of these
Terms and Conditions. Please read them carefully before using the Site.
If you are under the age of 18, you acknowledge that despite being a
minor you fully understand the content of these Terms and Conditions and
that you have the understanding necessary to use the Site in accordance with these Terms and Conditions.
General terms and conditions
- Access
- In order to use this Site, you need the equipment and
connections necessary to access the World Wide Web. You are responsible
for:
- the provision of any such connection or access to the World Wide Web;
- the payment of any fees associated with such connection
or access (such as those charged by an Internet service provider or
other online service); and
- the provision of all equipment necessary for you to make
any such connection to the World Wide Web, including a computer and a
modem.
- TPSS/TPSA reserves the right to deny you access to, or
use of, all or part of the Site, without prior notice, if you engage in
any conduct that TPSS/TPSA believes, in its sole discretion:
- violates any term or provision of these Terms and Conditions; or
- violates the rights of TPSS/TPSA or third parties; or
- is otherwise inappropriate for continued access and use of the Site.
- System Integrity & User Conduct
- You must not use the Site to:
- impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
- post, disclose or transmit any material that is
defamatory, obscene, misleading or deceptive, or which infringes TPSS/TPSA's or any third party’s intellectual property or breaches any
duty of confidence or contractual obligation owed to TPSS/TPSA or
any third party;
- send junk, obscene, indecent, offensive or threatening electronic mail or "spam" to any person or company;
- falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
- conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
- interfere with or disrupt the Site or servers or
networks connected to the Site, or disobey any requirements, procedures,
policies, or regulations of networks connected to the Site;
- attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
- send or upload any material that contains viruses,
worms, trojan horses, time bombs, cancelbots or other harmful programs
or similar computer code designed to adversely affect the operation of
any computer software or hardware;
- commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
- vilifies, insults humiliates any person on basis of
race, religion, ethnicity, gender, age, sexual orientation of any
physical or mental disability
- promotes, advertises goods or services, websites, schemes and other matters
- collect, store, post, disclose or transmit personal
information or data about others, including, without limitation, tax
file number information and email addresses; or
- breach the The Privacy Amendment (Enhancing Privacy Protection) Act 2012 , or contravene or breach any other applicable state,
Commonwealth or international law, convention or regulation.
- You are responsible for maintaining the confidentiality and
security of any passwords and/or identification or login information for
the Site if applicable. You agree to notify TPSS/TPSA immediately of any
unauthorised use of your password or any other breach of security.
- Privacy & Security Statement
- TPSS/TPSA Privacy and Security Statement forms part of these Terms and Conditions.
- Links & Advertising
- This website may contain a number of links to other Internet sites. The provision of these links does not mean TPSS/TPSA endorses or accepts any responsibility for the content, use or products and services made available through these websites. If you use these links, you acknowledge and agree that TPSS/TPSA is not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, or other links provided by these sites. You further acknowledge and agree that TPSS/TPSA is not responsible either directly or indirectly for any damage or loss caused by use or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.
- The Site may contain advertisements for third parties' goods
and/or services. The third party advertisers are responsible for the
accuracy of all representations made in those advertisements. Neither TPSS/TPSA nor its officers, directors, employees, agents or related corporate bodies recommend or endorse the goods or services that may be
advertised on the Site, nor do they offer the goods or services for sale
or make any other representation whatsoever about them. If you choose
to order a product or service advertised by a third party on the Site,
you do so at your own risk.
- Disclaimer of Warranties & Limitation of Liability
- Subject only to 6.b below:
- this Site is provided by TPSS/TPSA on an "as is" basis without any express or implied warranty of any kind;
- the World Wide Web exists across open public networks
that are neither secure nor private. Accordingly, you acknowledge and
accept the risk that any communication to or from the Site may be
intercepted, used or modified by third parties.
- TPSS/TPSA does not warrant that access to or use of
this Site will be uninterrupted or error free or that the Site or any
material on or accessible through the Site is free from errors or
viruses, worms, trojan horses, time bomb, cancelbot or other harmful
programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
- TPSS/TPSA does not warrant anything it advises or
comments on or about the reliability, accuracy, completeness,
timeliness, suitability, quality, physical state or for a particular
purpose of any material on or accessible through the Site;
- TPSS/TPSA may change any of the material on the Site at any time without notice;
- TPSS/TPSA makes no commitment to update any material on the Site;
- You are responsible for assessing the accuracy,
reliability, suitability and accuracy of the material on or accessible
through the Site;
- You accept all risks and responsibility for all loss,
damage, costs and other consequences resulting from using the Site or
the material on or accessible through the Site;
- neither TPSS/TPSA nor any of its officers,
directors, employees, agents or related corporate bodies shall be liable
for any loss or damage including without limitation, losses or damages
for loss of profits, business interruption, loss of information,
indirect, special, punitive or consequential losses or damages arising
out of the use or inability to use the material or information available
on or accessible through the Site, even if TPSS/TPSA has been
advised of the likelihood of such damages.
- Where the laws of any country or state in which these terms
and conditions are effective implies into, or expressly includes in,
these terms and conditions any term, condition, guarantee or warranty,
and those laws avoid or prohibit provisions in a contract excluding or
modifying them, then the term, condition, guarantee or warranty shall be
deemed to be included in these terms and conditions provided that the
liability of TPSS/TPSA, its officers, directors, employees, agents
and related bodies corporate for a breach of any such term, condition,
guarantee or warranty, including any economic or consequential loss
which you may sustain shall be limited, at the option of TPSS/TPSA,
to:
- in the case of services, the supply of the services again, or the payment of having the services resupplied and
- in the case of goods, the replacement or repair of the
goods, the supply of equivalent goods, or the payment of the costs of
replacing or repairing the goods or acquiring equivalent goods.
- Indemnification
- You agree to indemnify, defend, and hold harmless TPSS/TPSA, and its officers, directors, shareholders, employees,
consultants, agents, and related bodies corporate from any and all
third-party claims, liability, damages, and costs (including, but not
limited to, reasonable lawyers' fees) arising from your use of the Site
or your failure to comply with these terms and conditions, or from your
violation of any applicable law.
- Intellectual Property Rights
- The information, text materials, graphics, logos, button
icons, images, video and audio clips, trade marks (whether registered or
not), advertisements, layout, arrangement, graphical user interface,
look and feel, and control features of the Site (the "Content") is
protected by copyright, trade mark and other intellectual property laws.
- You must not modify, copy, reproduce, republish, frame,
upload to a third party, transmit or distribute in any way the Content
except as expressly provided in these Terms and Conditions or as
permitted by the Copyright Act.
- TPSS/TPSA's logo and name are the trademarks of TPSS/TPSA, and may not be used as part of your business or in connection
with any goods or services without the prior written consent of TPSS/TPSA.
- General
- TPSS/TPSA may from time to time amend, update, or change
the Site, including these Terms and Conditions, without prior notice.
- TPSS/TPSA shall not be liable by reason of the failure
in the performance of obligations under the Terms and Conditions by
reason of strikes, riots, fire, explosion, acts of God, governmental
action, or any other cause which is beyond the reasonable control of TPSS/TPSA, including any form of technological failure or the actions
of third parties.
- These Terms and Conditions constitute the entire agreement
between you and TPSS/TPSA with respect to this Site, and the Terms
and Conditions replace all prior or contemporaneous understandings or
agreements, written or oral, regarding the Site.
- If any provision of these Terms and Conditions is found to
be invalid or unenforceable, that provision shall be enforced to the
maximum extent possible and will be deemed deleted to the extent that it
is not enforceable, and the remaining provisions of the Terms and
Conditions shall remain in full force and effect.
- The failure by TPSS/TPSA to insist upon or enforce
strict performance of any of these Terms and Conditions will not be
construed as a waiver of any right or remedy of TPSS/TPSA in respect
of any existing or subsequent breach of these Terms and Conditions.
- The law of New South Wales, Australia governs these Terms
and Conditions. You hereby consent and submit to the non-exclusive
jurisdiction and venue of the Courts of New South Wales, Australia for
any cause of action relating to or arising under these Terms and
Conditions.
- TPSS/TPSA operates the Site in Australia. Information
contained on the Site may not be appropriate or available for use in
other locations. If you access the Site from other locations, you do so
at your own initiative and you are solely responsible for compliance
with local laws.