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Conditions of Use

1.Overview

The Terms of Use of the Over18.com.au website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Over18.com.au website (Additional Terms and Conditions).

The Additional Terms and Conditions that appear on the Over18.com.au website will govern your use of, and access to, certain sections of the Over18.com.au Web Site where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Over18.com.au website.


2. Website Contents, Delivery and Access1

While Over18.com.au takes every step to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors and/or incorrect pricing. The website content is subject to change at any time, without notice, and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire, directly, to ensure the accuracy and currency of the material or information on this website. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Over18.com.au disclaims all liability for loss, directly or indirectly, arising from your use of and/or reliance on the website and any content within.

Over18.com.au does not guarantee that access to the Over18.com.au website will be uninterrupted or that the content of the website is free from viruses or anything else that may damage any computer which accesses the Over18.com.au website or any data on said computer.


3. Limitation of liability

To the maximum extent permitted by law, Over18.com.au excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of, or in connection with the website content.Over18.com.au also excludes all liability arising from the use or performance of the Over18.com.au website except to the extent that the loss or damage is directly caused by Over18.com.au’s fraud or willful misconduct.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, Over18.com.au's liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:

(a) in the case of goods: replacement of the goods or the supply of equivalent goods; payment of the cost of replacing the goods or acquiring equivalent goods; and (b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.


4. Intellectual Property

The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Over18.com.au and are protected by copyright, trade mark and other intellectual property laws of Australia. Any such content may be displayed and printed solely for your personal, non-commercial use within your organization provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Over18.com.au.

Save for the above, and unless expressly granted, Over18.com.au does not grant any license or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Over18.com.au website or in the user interface of the Over18.com.au website.


5. Information

Any material sent to us on or via the Over18.com.au website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas etc. We will be entitled to use any such material, which has not been indicated to be confidential or proprietary, for any purpose deemed acceptable by Over18.com.au without compensation to you.


6. Third party websites

The Over18.com.au Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Over18.com.au does not control, endorse, sponsor or approve any such third party websites or their content. Over18.com.au does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.


7. Interference with Over18.com.au

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Over18.com.au website or any material or content displayed on this website.


8. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of Queensland, Australia. In the event that a dispute arises, from these Website Terms and Conditions, Over18.com.au and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

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