HANDS OF TIME TERMS OF USE

 

1. Introduction

1.1      Welcome to the Hands of Time website located at https://handsoftime.com.au (“Site”).

1.2     The Site is owned and operated by Clockwise (“we” or “us”).

1.3     Please read these Terms of Use carefully. By accessing or using the Site you become a user of the Site (“User” or “you”). As a User of the Site, you agree that you have read and understood these Terms of Use and that you agree to be bound by them. These Terms of Use form a binding agreement between you and us (“Agreement”).

1.4      We reserve the right to alter, modify, add to or change in any way, any provision of these Terms of Use and we may, in our absolute discretion, limit or expand the services or information available via the Site without giving prior notice to the Users. It is your responsibility to check these Terms of Use each time you use the Site.

2. Proprietary Rights in the Site

 2.1      All material on the Site including, but not limited to, underlying software, code, design, text, graphics, video, other files (“Content”) is either owned by us or licensed to us by the applicable owner. All rights are reserved. Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent.

2.2      All Trade Marks, logos, trade dress and service marks on the Site are either owned by us or licensed to us by the applicable owner and shall not be copied, imitated, or used, in whole or in part, without our prior written consent.

3. No Warranties

 3.1      The Site is provided on an “as is” basis and to the fullest extent permitted by law, without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use or purpose, accessibility or warranties that access or use of the Site will be uninterrupted or error-free, and that the Site will be secure or free of viruses or other harmful material or elements, or that the Content will be correct, accurate, timely or complete.

3.2      The Content may include technical inaccuracies, typographical or other types of errors. We have the right to make changes, modifications and updates to any Content contained on the Site without prior notice.

3.3      The User acknowledges and agrees that there are no representations made by us that the User will achieve specific results from their use of any information available via the Site.

4. Links to External Websites

4.1      Through this Site Users are able to link to other websites which are not controlled by us. We have no control over the nature, content and availability of those external websites. Unless otherwise stated, the inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such websites.

5. Disclaimer

 5.1      To the fullest extent permitted by law, we expressly disclaim all warranties, express or implied, of any kind with respect to the Site.

5.2  We are in no way responsible for and accept no liability for any loss (including but not limited to loss of revenue or anticipated profits, loss of goodwill, loss of business) in connection with;

a) the conduct and behaviour of any User, whether on the Site or otherwise; any incorrect or inaccurate content on the Site; or

b) the consequences of any malfunction of any equipment or programming associated with the operation of the Site; and/or

c) any information available on or through the Site or on or through any third party website to which is linked to from the Site.

  • There may be times when the Site is temporarily unavailable to Users due to maintenance or any to other reason beyond our control. In the event that the Site is unavailable we shall not be responsible for any loss or damage suffered by any User as a result of such ‘down-time’.
  • We are not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, including but not limited to any injury or damage to the User’s or to any other person’s computer in connection to or resulting from the use of the Site in any way.

6. User Warranties

 6.1      THE USER WARRANTS THAT WE SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE OR ANY INFORMATION AVAILABLE ON THE SITE.

6.2        THE USER WILL NOT HOLD US RESPONSIBLE FOR OTHER USERS’ ACTS OR OMISSIONS IN CONNECTION WITH THEIR USE OF THE SITE AND THE USER AGREES THAT WE HAVE NO CONTROL OVER, AND DO NOT GUARANTEE, AND DISCLAIM ANY AND ALL LIABILITY FOR THE ACCURACY OF INFORMATION CONTAINED ON THE SITE.

7. Indemnity

7.1      The User indemnifies us, and holds us, and our officers, directors, employees, contractors, affiliates, and licensors harmless from and against:

a) any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms of Use, or the User’s violation of any laws, regulations or third party rights;

b) liability for or in respect of any physical injury (including death) to the User or any other person;

c) damage to property; and/or

d) other liability, damage or loss,

insofar as the injury, damage or other liability, damage or loss is attributable to the User’s negligence, breach of these Terms of Use, or unlawful or wilful act or omission in connection with these Terms of Use or use of the Site.

7.2      Should we, in our sole discretion, determine that any User has breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

8. Assignment

 8.1      The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of. We reserve our right to assign the provisions of this Agreement at any time.

9. General

9.1      These Terms of Use and the access and use of the Site shall be governed by and construed in accordance with the laws of Tasmania, Australia. By accessing and using the Site, the Users accepts that any dispute under these Terms of Use or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Tasmanian Courts in Australia and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.

9.2      Users are solely responsible for compliance with any applicable laws of the country from where they access this Site.

9.3      This Agreement is the entire agreement between us and the User and shall supersede and/or override any previous oral or written agreements between the User and us.

 

LAST UPDATE: 12 October 2022