The use of this website, is subject to our Terms of Use.
As a user of this website (‘www.pwnps.com’), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.
Licence
By allowing you to access the website, Parkway grants to you a licence. By accessing the website, you accept the terms and conditions of this licence.
Pursuant to this licence (and subject to the absolute right of Parkway to vary access to all or any part(s) of the website), you acquire a non-exclusive right to:
- view the material in the website;
- access material contained in the website; and
- use the website strictly in accordance with the provisions of this licence.
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so. However, downloading material contained in the website for reproduction by you may only be done with prior written consent from Parkway, and upon payment of any fee required by Parkway to be paid by you for that use.
Your obligations
In your capacity as a user of the website, you hereby undertake to comply with the following obligations:
- You may only use our website for lawful purposes;
- You must not use our website:
- in any way that breaches any applicable law or regulations;
- in any way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any individual in any way;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to create liability for us in any way; or in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers; and/or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our website in contravention of any of the provisions in these Terms of Use;
- not to access without authority, interfere with, damage or disrupt:
- any part of our website;
- any equipment or network on which our website is stored;
- any software used in the provision of our website; or
- any equipment or network or software owned or used by any third party.
Warranties
Parkway does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superceded material in the website will not cause Parkway to be in breach of the terms of this licence.
Parkway reserves the right to change, add or remove any material in or from the website without notice.
Parkway does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.
To the extent permitted by law, all implied terms are excluded and Parkway will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this licence, the supply of a defective program, or any error, omission or misrepresentation in any material on this website. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of Parkway for breach of any such implied term will be limited, at the option of Parkway, to any one or more of the following:
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
- The repair of such goods or services;
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
- The payment of the cost of having the goods repaired or the services performed again.
When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Parkway which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Parkway (which material may be out of date or superceded).
Intellectual Property rights
You acknowledge that the material in the website is the subject of copyright © and that it is the subject of other intellectual property and legal rights (including third-party rights).
You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.
Trade marks
‘PPS’ and all associated trade marks, whether registered or unregistered, are trade marks of Parkway Corporate Limited, Parkway Process Solutions Pty Ltd and their related bodies corporate.
Access to or use of the website does not constitute or create a licence except as expressly provided in these Terms and Conditions or any other right to use Parkway’s name, trade marks, copyright or any other intellectual property.
Indemnity
You must indemnify and keep Parkway indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Parkway may incur to a third party or you as a result of your breach of the provisions of this licence.
This website may contain hyperlinks to other websites operated by third parties. You accept that Parkway has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.
Users are prohibited from placing a link to the website without the prior written consent of Parkway and on terms satisfactory to Parkway.
Disclaimer
You accept that Parkway takes no responsibility for any error or omission relating to the material contained in the website.
You accept that Parkway makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Parkway will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.
Terms of licence
This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by Parkway if you are in breach of any terms of this licence.
Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Parkway.
Termination pursuant to this clause shall not affect any rights or remedies, which Parkway may otherwise have under this licence or at law.
Amendments to this licence
These are the current terms and conditions of the licence.
Parkway may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, Parkway has provided you with sufficient notice of the variation and amendment.
It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.
Waiver
Failure or neglect by Parkway to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Parkway under this licence.
Jurisdiction
This licence shall be governed by and construed according to the laws of the State of Victoria, Australia.
Definitions
'Parkway' means Parkway Process Solutions Pty Ltd, Parkway Corporate Limited all of their related bodies’ corporate (as that term is defined in the Corporations Act 2001 (Cth)).
'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Parkway website.
