ALTERNET SOFTWARE TERMS AND CONDITIONS

By visiting alternetsoft.com website, you agree to abide by the Terms and Conditions described below. We have created these rules and guidelines to protect you and to ensure that the AlterNET Software Website(s) is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you disagree with the Terms and Conditions below, please do not access or use this site.

LEGAL NOTICE AND DISCLAIMER

AlterNET Software obtains all information, downloadable files, and software contained herein from sources AlterNET Software believes to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, AlterNET Software shall not be held responsible for any errors or omissions in the information and/or downloadable files and/or software available at the AlterNET software website. AlterNET Software makes no representations and expressly disclaims all responsibilities about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the AlterNET Software Website. AlterNET Software may change any information and/or software in the Website at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranties.
AlterNET Software expressly disclaims all warranties with regard to the information and/or software, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. In no event shall AlterNET Softwarebe liable for any special, incidental, indirect, or consequential damages or any other damages whatsoever, including, without limitation, any loss of use, lost data, lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on AlterNET Software Website. Some Australian and foreign countries may provide rights in addition to those above or do not allow limitation or exclusion of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by AlterNET Software’s authorized representatives, and shall be governed by the laws of the New South Wales of Australia.

LINKS TO THIRD-PARTY SITES

The links to third parties on this Website will allow you to leave AlterNET Software’s site. The sites linked to AlterNET Software’s site are not under the control of AlterNET Software. AlterNET Software is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or any link contained in a linked site. AlterNET Software provides these links only as a convenience to you, the user of the Website, and the inclusion of any link to a third-party site is not, nor does it imply in any way, AlterNET Software’s of the linked site.

Any rights not expressly granted by AlterNET Software herein are expressly reserved.

These Terms and Conditions govern your use of AlterNET Software’s site and all services provided with AlterNET Software’s Website. AlterNET Software shall not be liable to you for any breach of these Terms and Conditions. In addition, AlterNET Software does not bear any fiduciary responsibility to any website user. If you disagree with these Terms and Conditions, please do not enter or register at AlterNET Software's site. The Terms and Conditions for your continued use of AlterNET Software’s site will be posted on the site. Please check this area before using AlterNET Software’s site to determine whether a change has been made to these Terms and Conditions. If you do not agree to these changes in the Terms and Conditions as they may occur from time to time, please arrange to terminate your registration with AlterNET Software’s site immediately (i) by notifying AlterNET Software of your unwillingness to accept the changes to the Terms and Conditions; and (ii) by discontinuing your use of AlterNET Software’s site. Your continued use of AlterNET Software’s site shall be construed as and shall constitute, your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time, AlterNET Software may supplement these Terms and Conditions with additional Terms on specific content or events ("Additional Terms"), which Additional Terms may be placed on AlterNET Software’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions.

COLLECTION OF PERSONAL INFORMATION

For a detailed description of the data collected by AlterNET Software, its use, and your control over it, please see AlterNET Software's Privacy Policy

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ALTERNET SOFTWARE immediately of any unauthorized use of your account or any other security breach. ALTERNET SOFTWARE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AlterNET Software or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

USE OF COOKIES

To analyze and improve our site, we use "cookies" to track your visit. A cookie is a small amount of data transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, which allows you to decide whether or not to accept it.

Please note that AlterNET Software is not responsible for the content or privacy practices of third-party Websites to which AlteRNET Software website may link. Users may contact our Data Protection Officer at dataprivacy@alternetsoft.com with any further questions.

CONTENT OF MESSAGES

You agree not to use AlterNET Software site to send or post on message boards or any place on AlterNET Software’s site any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. AlterNET Software reserves the right to delete any such material from AlterNET Software’s site. AlterNET Software will cooperate fully with any law enforcement officials and/or agencies in investigating any person or persons who violate the Terms and Conditions contained in this Section.

You agree not to post or use AlterNET Software’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) AlterNET Software allows you access to content that is protected by copyright, trademark, and other intellectual and proprietary rights ("Rights"); (ii) these Rights are enforceable and protected in all media and technologies whether now existing or subsequently developed; and (iii) except as explicitly provided to the contrary, these Terms and Conditions and the applicable copyright, trademark, and other laws govern your use of such content. You may not post to AlterNET Software’s site, copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any material subject to the Rights. The burden of determining that Rights do not protect any information, software, images, or any other content on AlterNET Software’s site rests with you. You acknowledge that AlterNET Software may acquire the Rights to use any posted materials described below and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of AlterNET Software’s site, including message boards, forums, contests, and/or chat rooms, you grant AlterNET Software and its affiliates a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or subsequently developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and has effectively and irrevocably granted you the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on AlterNET Software’s site retains any and all Rights that may exist in such content.

ERRORS ON OUR SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and AlterNET Software reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AlterNET Software will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with AlterNET Software’s Money-back Guarantee Policy.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF ALTERNET SOFTWARE’S SITE IS AT YOUR SOLE RISK. ALTERNET SOFTWARE’S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALTERNET SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEALTERNET SOFTWARE MAKES NO WARRANTY THAT ALTERNET SOFTWARE’S SITE WILL MEET YOUR REQUIREMENTS OR THAT ALTERNET SOFTWARE’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ALTERNET SOFTWARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ALTERNET SOFTWARE’S SITE. ALTERNET SOFTWARE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ALTERNET SOFTWARE’S SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ALTERNET SOFTWARE’S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT ALTERNET SOFTWARE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH ALTERNET SOFTWARE’S SITE. ALTERNET SOFTWARE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ALTERNET SOFTWARE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ALTERNET SOFTWARE’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. ALTERNET SOFTWARE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM YOU MAY HAVE. ALTERNET SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN ALTERNET SOFTWARE’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTERNET SOFTWARE OR THROUGH ALTERNET SOFTWARE’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ALTERNET SOFTWARE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ALTERNET SOFTWARE’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH ALTERNET SOFTWARE’S SITE.
ALTERNET SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR ARE POSTED OUTSIDE ALTERNET SOFTWARE’S SITE. AS A CONVENIENCE TO ALTERNET SOFTWARE’S USERS, ALTERNET SOFTWARE MAY PROVIDE LINKS TO THIRD-PARTY SITES AND TO RESOURCES THAT ARE BEYOND ALTERNET SOFTWARE’S CONTROL. ALTERNET SOFTWARE MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY, OR LEGALITY OF ANY SITES TO WHICH ALTERNET SOFTWARE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST ALTERNET SOFTWARE WITH RESPECT TO SUCH SITES.

LIMITATION OF LIABILITY 

ALTERNET SOFTWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ALTERNET SOFTWARE'S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ALTERNET SOFTWARE’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ALTERNET SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PROMOTIONAL MESSAGES

AlterNET Software may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. AlterNET Software makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from AlterNET Software, and you agree that AlterNET Software shall not be liable to you thereto.

INDEMNIFICATION

You agree to indemnify and hold each officer and/or employee of AlterNET Software, its parent companies, subsidiaries, and affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of AlterNET Software’s site, the violation of these Terms and Conditions by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the New South Wales of Australia, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be New South Wales State and Australian Federal courts. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

REMEDIES OF BREACH OF THESE TERMS BY YOU

In the event that AlterNET Software determines, at its sole discretion, that you have breached any portion of these Terms and Conditions or have otherwise demonstrated conduct inappropriate for the community of AlterNET Software’s site, AlterNET Software reserves the right to (i) warn you via e-mail that you have violated these Terms and Conditions; (ii) delete any content provided by you or your agent(s) to AlterNET Software’s site, (iii) delete all content provided by you to AlterNET Software’s site, (iv) discontinue your registration with AlterNET Software’s site and/or any other AlterNET Software community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action that AlterNET Software deems appropriate.

MISCELLANEOUS INFORMATION 

If any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
AlterNET Software may assign, without notice, its rights and obligations under these Terms and Conditions, and upon such assignment, AlterNET Software may be relieved of any further obligation hereunder.
You represent to AlterNET Software that you have the authority to register with AlterNET Software’s site according to these Terms and Conditions. These Terms and Conditions and any Additional Terms (as such terms shall be identified when posted on AlterNET Software's site) constitute the entire understanding between the parties regarding the subject matter herein and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of AlterNET Software, be deleted or modified to correct the defect, and, regardless, the remainder of the terms of these Terms and Conditions will remain valid and enforceable.
AlterNET Software reserves the right to charge fees, surcharges, and/or membership fees at any time without any notice to you.

ALTERNET SOFTWARE CONTACT INFORMATION

Attn: AlterNET SoftwareData Protection Officer
Level 11, 1 Margaret Street, Sydney NSW 2000

Phone:+61 2 9976 5728 

E-mail: dataprivacy@alternetsoft.com