Your access to the Genesystel website at www.genesystel.com.au is your acceptance of these Terms and Conditions and your access and use of the website is subject to these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website. In these Terms and Conditions, capitalised words have special meanings. These special meanings are set out in the “General” section of this document.

Disclaimer of Liability – General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Website or a Linked Website or the failure to provide this Website.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Disclaimer of Liability – Specific Warnings and Disclaimers

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time, change or add to this Website (including these Terms and Conditions and privacy policy) or information, products or services without notice and your continued use of the Website will constitute acceptance of the variation. However, we do not undertake to keep this Website or these Terms and Conditions updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.

To the extent permitted by applicable law, our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Website, is limited to providing access to the Website.

You may not use the Website to collect or harvest Personal Information, including Internet addresses, about other users. You must comply with our Acceptable Use Policy available on the Website.

You must abide by any Terms and Conditions posted on the Website. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of, or in any way connected to, the use of the Website by you.

Copyright

This Website, including without limitation, documents, information, programs and designs is our copyright property.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means adapt, reproduce, store, distribute, display, perform, publish or create derivative works from any part of this Website.

Trade Marks

Intellectual Property in all materials, documents, information, data, images, logos and trade marks that we provide you or which are contained on the Website are owned or licensed to us and all rights are reserved.

Personal Information

When transacting with you we may ask you for personal details such as your name, address and email address so that we can accurately identify who is using our services. By accessing the Website you consent to us sending you commercial electronic messages. If you do not want us to send you commercial electronic messages you may ask us not to by sending an email with subject the ‘Unsubscribe’ to info@genesystel.com.au

For information on our policies for the protection of Personal Information please see the Security and Privacy Page.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information or content which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

General

In these Terms and Conditions:

• “Intellectual Property” means any and all intellectual and industrial property rights throughout the world including but not limited to any copyright, trade mark, domain name, business name, design, patent, circuit layout, semi-conductor or other similar proprietary rights and licenses and sub-licenses of such rights (irrespective of whether or not such rights are registered, or formal or informal); trade secrets, technical or non-technical data, knowledge, information or documentation; secret or confidential operations or information; business systems, business methods or business plans (whether registered, formal, informal or otherwise); customer lists, supplier lists and other proprietary lists, names, addresses or information not generally known; techniques, diagrams, data, proofs, prints, particulars, inventions and prototypes.
• “Loss” means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.
• “Personal Information” means any information from which your identity is apparent or can be reasonably ascertained as defined in the Privacy Act 1988 (Cth).
• This “Website” means the whole or any part of the web pages located at www.genesystel.com.au (including the layout of this Website; individual elements of the Website design; underlying code elements of this Website; or text, sounds, graphics, animated elements or any other content of this Website).
• “We” and “us” refer to Genesystel and “our” has a similar meaning.

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions or this Website.

Nothing contained in these Terms and Conditions derogates from Genesystel’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Genesystel with respect to that use.