Terms and Conditions of Use

www. ProComper.com (“ProComper”, or the website”) is owned and operated by Zen Digital (“we”, “our” or “us”).

Before using ProComper. please review these Terms and Conditions of Use carefully.  They govern your rights, responsibilities and obligations as a user of ProComper (“Terms and Conditions”).

If you do not agree with any of the Terms and Conditions of Use, please do not use ProComper.

By accessing ProComper you agree to be bound by the Terms and Conditions of Use and our Disclaimer.

By purchasing goods from ProComper you also agree to be bound by the Terms and Conditions of Sale.

You also consent to our disclosure and use of any personal information you submit to ProComper in accordance with our Privacy Policy.

By continuing to access ProComper you are indicating your acceptance of:

  • These Terms and Conditions of Use;
  • Our Terms and Conditions of Sale;
  • Our Privacy Policy; and
  • Our Disclaimer.

all of which are subject to change at our sole discretion and are available for your review on this website.

Definition of Content

In these Terms and Conditions, the phrase “content” is used to describe that information displayed and available for viewing or downloading.  It includes, but is not limited to, text, images, pictures, logos, sketches, photographs, drawings, all multimedia (including video, sounds and animations) and other material posted or otherwise displayed on the website.

Disclaimer of liability

The content available on ProComper is provided for general information only.  We do not warrant the accuracy of the content.

The content is provided on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.

The content is provided on the understanding that ProComper gives no warranty, guarantee or representation that:

  • Information provided on this website is accurate, reliable or timely;
  • ProComper, or the server that makes ProComper available on the world wide web (“www”) are free of software viruses, bugs or other harmful mechanisms;
  • The functions contained in any software or database contained on ProComper will  operate uninterrupted or are error-free; and
  • Errors and defects on ProComper will be corrected.

Further and in addition to the above, we will not be liable for any loss, damage or other injury resulting from the use of any goods purchased or supplied by ProComper.  This includes any any loss or damage which may arise out of, or in consequence of, any fault or defect in any goods supplied by or purchased from the ProComper.

ProComper is provided on an “as is” basis without any express or implied warranty of any kind.

To the full extent permitted by law, we are not responsible or liable to you for:

  • Errors or omissions on ProComper or any linked website;
  • Delays to, interruptions of or cessation of the services provided on ProComper or linked websites; and
  • Defamatory, offensive or illegal conduct of any user of ProComper;

whether caused through negligence of ProComper, its employees or independent contractors, or through any other cause.

To the full extent permitted by law all representations, conditions and warranties whether based in statute, common law or otherwise are excluded.

In the case of an implied warranty that cannot be excluded by law our liability is limited to the maximum extent permitted by law.

In no case will we be liable for any direct, indirect, punitive, special or other damages including, without limitation, loss or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory.

Posting creative material on our website

When you submit or post any creative material, including but not limited to photographs, pictures, drawings or comments, on our website, that creative material becomes the property of ProComper.

By posting or submitting creative material on ProComper you are agreeing to assign all of your rights, title and interest in and to that creative material to ProComper.

You consent to ProComper using your creative material for future publication on our website.

You agree that in doing so we may edit or re-work creative material.

ProComper may use creative material for any purposes whatsoever and in any media for future promotional, marketing and publicity purposes.

You warrant to ProComper that your creative material is owned by you and does not infringe the rights of any third party.  Furthermore, you agree to indemnify us against all claims and costs by third parties arising from a breach of this warranty.

Unless you object, all creative material becomes the property of ProComper.

Indemnity

You will at all times indemnify ProComper and keep indemnified ProComper and its respective officers, employees and agents (“the indemnified”) from and against any loss, including reasonable legal costs and expenses, or liability incurred by any of those indemnified from any claim, demand, suit, action or proceedings by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publications of or distribution of the material and/or information supplied by you.

Links to other websites and third party website content

ProComper may contain links to other websites (“third party websites”) for your information and convenience only.

You understand and agree that:

a)     Third party websites do not form part of ProComper;

b)     Third party websites are not under our control;

c)     We are not responsible for the content of any third party website;

d)     We do not warrant the accuracy of the content of third party websites;

e)     We do accept any liability in relation to third party websites;

f)      A link to a third party website is not a recommendation or endorsement by us of that website (or its products or services); and

g)     If you decide to access linked third party websites, you do so at your own risk.

We give no warranty, guarantee or representation that:

a)     Information provided on linked websites is accurate, reliable or timely;

b)     The goods or services offered by third party websites are suitable or without fault; and/or

c)     Linked websites are free of software viruses and errors.

Before relying on any content of this website or links to third party websites, we strongly suggest that you make up your own mind by:

a)     Carefully evaluating the accuracy, currency, completeness and reliability of the information being provided; and

b)     Considering whether the material and information is suitable for you; and

c)     Exercising your own skill and care with respect to its use.

Advertisers and sponsors

ProComper may contain advertisements for third parties’ goods and/or services.  Third party advertisers are responsible for the accuracy of all representations made in those advertisements.

ProComper does not endorse the products or services listed or advertised on this website.  In particular:

a)     We give no warranty, guarantee or representation as to the merchantability or fitness for any particular purpose for any service or product contained or referred to on ProComper and/or any linked websites.

b)     We have not tested the products or services advertised or listed on this or linked websites, and cannot advise you on the suitability of products and services.

If you choose to purchase or use a product or service advertised by a third party on ProComper you do so at your own risk.

Before relying on any content of this website or linked websites, we strongly suggest you:

a)     Carefully evaluate the accuracy, currency, completeness and relevance of the information for the purpose for which it is to be used; and

b)     Exercise your own skill and care with respect to its use.

Removal of information and content

We may remove any content, including but not limited to links to third party websites, at any time without giving any explanation or justification for removing that content.

Intellectual Property

All intellectual property rights in relation to content on ProComper belong either to us or our licensors, advertisers or affiliates.  By accessing this website you obtain no interest in that intellectual property.

All content on ProComper is protected by Australian and international copyright and other intellectual property laws.

You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

Amendments to Terms and Conditions of Use

We reserve the right to change these Terms and Conditions of Use:

a)     At our discretion; and

b)     With or without giving further notice to you; and

c)     Without giving you any explanation or justification for such change.

Your continued use after any change to these Terms and Conditions of Use indicates your acceptance of any change.

If you do not want to be bound by any change to the website, discontinue use of ProComper.

Severability

If any part of these Terms and Conditions of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions.

The severed part will not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.

Relevant Jurisdiction

These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principal of conflicts of laws.

You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms and Conditions.

Copyright

Except where otherwise stated, the material on ProComper is the property of Zen Digital, who hold copyright in it.  This includes, but is not limited to, the website and database design, information, images, screens, web pages, logos and branding on this website.

The material may not be copied or revised without our written consent, or unless expressly provided by the website.

You may download and view content or print a copy of material on ProComper provided you do not modify the content in any way, including any copyright notice.

All rights expressly granted under these Terms and Conditions are reserved by us.

Unless expressly stated otherwise, or as permitted by the Copyright Act (1968), you are not permitted to copy, reproduce, distribute or republish anything you find on ProComper without our express written permission.





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