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Terms of Fair Use Policy

By using our website, you accept in full these terms of use. If you disagree with these terms of use or any part thereof, you must not use our website.

Please read the terms and conditions concerning our use of Cookies within our Privacy Policy.

Usage Licence

GDA Design Limited & GDA Design Pty Limited or our licensors own the intellectual property rights within the websites gdadesign.com & gdadesign.com.au (hence-forth known as ‘the websites’) and all material within the websites. All intellectual property rights are reserved, subject to the licence below.

The websites may be printed and/or download for caching purposes only for personal use. This is subject to the restrictions set out below.

The following actions are prohibited:

  • The republishing of material from this website
  • The sale, rent or sub-licensing of any material from the websites
  • Public broadcast of the website
  • Commercial usage of the websites by any third parties
  • Any modification of the websites online or in reproduction
  • Any redistribution of any content from the websites without the express written permission of GDA Design Limited & GDA Design Pty Limited

Fair & Acceptable Use Policy

  • The websites must not be used in any manner that directly or indirectly causes damage to the websites, impairs the availability or accessibility of the websites or in any manner either directly construed to be illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful activity
  • The websites must not be re-purposed or used to copy, store, host or distribute any material which directly consists consists of spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkit or links in any form whatsoever to other malicious computer software
  • Systematic and/or automated data collection activities such as, but not limited to, any form of data mining, scraping extraction or harvesting either directly or indirectly without our express written consent
  • Transmission of unsolicited commercial communications via the websites is expressly forbidden without our express written consent

 Access Restrictions

  • We reserve the right to restrict access to all or part of the websites at our sole discretion and without notice
  • Any supplied passwords of access to restricted areas must be kept confidential and secure
  • If any unauthorised use of your account or password is suspected, GDA Design Limited & GDA Design Pty Limited must be notified in writing immediately
  • Any unauthorised activity on the websites arising out of any failure to secure passwords will be at the sole responsibility of the user(s) concerned. Users may be held liable for any losses arising from any compromise of passwords issued
  • Unless express permission has been granted from either the user or GDA Design Limited & GDA Design Pty Limited, the use of third person user ID and passwords to access the websites is strictly prohibited
  • Any issued user ID and password may be disabled and/or terminated at the sole discretion of GDA Design Limited & GDA Design Pty Limited without notice

 Limited Warranties

  • The completeness or accuracy of the information published on this website is un-warranted by either GDA Design Limited & GDA Design Pty Limited. GDA Design Limited & GDA Design Pty Limited have no responsibility to ensure the availability of the websites. GDA Design Limited & GDA Design Pty Limited have no responsibility to ensure that the websites or any information contained therein is kept up-to-date
  • To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the websites and the use of the websites (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill)

Limitations & Exclusions of Liability

Nothing in these terms of use will:

  • Limit or exclude either GDA Design Limited, GDA Design Pty Limited or the websites user(s) liability for fraud or fraudulent misrepresentation
  • Limit or exclude either GDA Design Limited, GDA Design Pty Limited or the websites user(s) liability for death or personal injury resulting from negligence
  • Limit or exclude either GDA Design Limited, GDA Design Pty Limited or the websites user(s) liabilities in any way that is not permitted under applicable law

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

  • Are subject to the preceding paragraph
  • Govern all liabilities arising under the terms of use of, or in relation to, the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty
  • Neither GDA Design Limited nor GDA Design Pty Limited will be liable to any third party in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill
  • Neither GDA Design Limited nor GDA Design Pty Limited will be liable to any third party for any loss or corruption of any data, database or software
  • Neither GDA Design Limited nor GDA Design Pty Limited will be liable to any third party in respect of any special, indirect or consequential loss or damage

Breaches of Terms

Without prejudice to GDA Design Limited or GDA Design Pty Limited’s other rights under these terms of use, any breach of these terms of use in any way may result in such action as GDA Design Limited or GDA Design Pty Limited deem appropriate to deal with the breach. This may include (though not be limited to) suspension of website(s) access, including the blocking of computers using any transgressor’s IP addresses from accessing the websites and contacting a transgressor’s internet service provider (ISP) to request a block on access to the websites and/or court proceedings.

Severability

If a provision of any or all of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable all other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted and or modified then that part will be deemed to be deleted/modified to enable the rest of the provision to continue immediately.

Exclusion of Third Party Rights

These terms of use are for the mutual benefit GDA Design Limited and/or GDA Design Pty Limited and the viewers of the websites. There is no intent whatsoever to benefit any third party or to be enforceable by any third party. The exercise of rights of GDA Design Limited and/or GDA Design Pty Limited and the viewers of the websites in relation to these terms of use, is not subject to the consent of any third party.

Entire agreement. Law & Jurisdiction

These terms of use including the privacy policy, constitute the entire agreement between GDA Design Limited and/or GDA Design Pty Limited and the viewers of the websites.

Any disputes relating to these terms of use will be subject to the jurisdiction of the courts of the United Kingdom and/or Australia.

This version supersedes all previous agreements.

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