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Terms and conditions

The following Terms of Use govern your use of this website.
Should you have any questions or wish to clarify the meaning of any of these Terms of Use, please contact DMAG prior to using this website.

1. Acknowledgment and acceptance of terms of use

2. Copyright and trademarks

3. Membership

4. Comments and information provided by visitors

5. What visitors and members must not do

6. Disclaimer to third party website links and advertising

7. Purchase of goods or services and promotions participation

8. Disclaimer

9. Limitation of liability

10. Release and indemnity

11. Termination

12. Applicable law

13. General

Acknowledgment and acceptance of terms of use

DMAG.com.au is a joint venture between Smartypantz Communications Pty Ltd CAN 101 079 092 and Australian Geographic Pty Ltd CAN 002 869 678, ABN 31 890 108 365. Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices, DMAG Privacy Statement and disclaimers (collectively referred to as "Terms of Use"). Your access of and / or use of and / or act of completing the registration process to become a member of DMAG website ("Member"), constitutes your acknowledgement that you have read and understood these Terms of Use and that you expressly agree to the Terms of Use.
DMAG reserves the right to amend the Terms of Use at any time, with immediate effect. Being bound by these Terms of Use, you should therefore periodically refer to this document. The Terms of Use contained in this document were last updated on 1st May 2003.

Copyright and Trademarks

All information, material, text, graphics (collectively referred to as contents) on this website are copyright DMAG unless indicated otherwise. The Contents are protected under the Australian copyright and trademark laws and through international copyright treaties.
You may download a single copy of the information on this website and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information for your own information, research or study. You may not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping by a storage and / or information retrieval system) or otherwise exploit any part of the contents contained on this website for any commercial purpose without the specific prior written consent of DMAG.
You must not use the website and / or its Contents in any manner which violates any right of DMAG or an affiliate third party or which is prohibited by the Terms of Use.

Membership

You do not need to register as a Member in order to access this website. Membership however is free and does not obligate you to purchase anything, but you will be responsible for any taxes, duties or similar liabilities arising from any Membership benefit that you receive or become entitled to.
Membership is non-transferable. You may change your information on an existing membership account only to update your membership account.
You may terminate your Membership by sending a written notice or an email to DMAG. Termination of your Membership becomes effective upon actual receipt by DMAG of your notification of termination. DMAG may terminate your Membership and any Membership program at any time. If any Member Information provided by you is incomplete or inaccurate or you are otherwise in breach of these Terms of Use, DMAG retains the right to terminate your membership and / or rights to use this website, without notice.

Comments and information provided by visitors

You agree to provide current, complete, and accurate information about yourself and / or as prompted to do so by this website and maintain and update the information to keep it current, complete and accurate.
When you provide any Information including Member information, you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify DMAG for any losses, costs, expenses or damages that DMAG may suffer if any of this information is not correct.
You hereby grant to DMAG, the right to disclose to third parties certain aspects of your Member Information, to the extent that such disclosures do not include your name, mailing address, email address or phone number, without your prior express consent to DMAG to disclose such information. For further information concerning the collection and usage of Member Information, you should review the DMAG Privacy Statement
DMAG welcomes visitors and/or members to its sites to post reviews of and comments on this website or participate in community areas on the site. If you post reviews or comments on this website or participate in community areas on the site, you grant to DMAG, a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, assign, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews, comments and other communications throughout the world in any media. You expressly waive in favour of DMAG and any other person authorised by DMAG all moral and similar rights in any jurisdiction which you have or acquire in respect of such reviews, comments and / or other communications.

What visitors and members must not do

This website is to be used solely for personal use. Any commercial use of this website without prior written consent from DMAG or any of its related bodies corporate is prohibited. You agree not to use DMAG for chain letters, junk mail, 'spamming', solicitations or mass communications of any kind, including, without limitation, distribution lists to any person who has not given specific permission to be included in such lists.
You agree not to post any communication including reviews or comments that contain any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you agree to indemnify DMAG for any losses, costs, expenses or damages that DMAG may suffer as a result. No licence granted
Nothing on this website or on any third party site, or your use of the services, shall be construed as conferring any licence or other transfer of rights to you of any intellectual property including copyright and trade marks or other proprietary rights of DMAG, its affiliates or any third party, whether by estoppel, implication or otherwise.

Disclaimer to third party website links and advertising

This website contains hyperlinks to websites maintained and operated independently by third parties. These websites are maintained and operated without any control of DMAG. DMAG is not responsible for the accuracy, ownership or any other aspect of the information contained on those websites or any hyperlink contained in a linked website. You visit any such website solely and entirely at your own risk.
This website also contains third party advertisements (including banner advertisements and referral buttons or tiles) which contain embedded hyperlinks to websites maintained and operated by third parties. The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party website.
The third party advertising and the links to third party websites including the embedded hyperlinks in advertisements are paid for by the relevant third party advertisers and do not imply that DMAG or it's directors or employees endorse any of the materials, products or services available on those sites.

Purchase of goods or services and promotions participation

DMAG is not an online retailer and does not sell products and services to you. The sale and purchase of goods and services via the DMAG website is conducted directly by third party online retailers. You may enter into correspondence with or participate in purchase of goods and services from a third party online retailer via this web site. Any such correspondence or purchase, including the delivery of or payment for or return of goods and services and any other terms, conditions, warranties or representations associated with such correspondence or purchases are solely between you and the third party online retailer.
If you are a member, DMAG will communicate, from time to time, via email, items that may be of interest to you, if you have requested upon registration or subsequently to receive such emails. You may enter into correspondence with or participate in such promotions of the advertisers showing their products on this website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions will be solely between you and the advertiser at your own risk. DMAG assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
All prices listed on this website are either suggested or recommended retail price supplied by the manufacturer / publisher / dealer / seller / service provider and are accurate only as at the time they were notified to DMAG. DMAG is not liable for the correctness of prices or price changes, including where price changes have not been reflected on DMAG website. All prices are quoted in Australian Dollars and may / may not be inclusive of GST.

Disclaimer

The information contained on this Website is provided by DMAG in good faith and all contents (including third party information, products and content) included in or accessible from this website are provided on an "as is" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, DMAG excludes any representations, warranties or conditions, express or implied, statutory or otherwise, including but not limited to the warranties of condition, quality, merchantability and fitness for a particular purpose, and non-infringement of proprietary rights as to all contents (including third party information, products and content) included in or accessible from this web site. DMAG does not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes such contents available are free of viruses or other harmful components. DMAG does not warrant or make any representations regarding the use or the results of the use of the contents on this site in terms of their correctness, accuracy, reliability, or otherwise.
None of DMAG, its related bodies corporate, their directors, employees, contractors, consultants or shareholders shall be responsible or liable (including negligence) for any loss or damage caused or alleged to be caused, directly or indirectly, as a result of reliance by any person on any of the information or ideas contained in, or referred to in this website.
You expressly acknowledge and agree that DMAG has no control over other users including Members, of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from the linked websites and DMAG is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
The Contents of this website satisfy the laws of Australia and may not satisfy the laws of other countries. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this website, it is not directed at you and should not be relied upon by you.

Limitation of liability

None of DMAG, its related bodies corporate, their directors, employees, contractors, consultants or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from your use or your inability to use this website; your reliance on any information contained on this website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if DMAG has been advised of the possibility of such damages.
To the fullest extent permitted by law, the liability of DMAG for breach of any implied warranty or condition which can not be excluded shall be limited, at the option of DMAG, to any one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

Release and indemnity

As a member you are entirely responsible for maintaining the confidentiality of your member's password and account name. Furthermore, you are entirely responsible for any and all activities which occur under your member's account and you agree to indemnify, defend, and hold harmless DMAG for any liability or expense arising from such use or misuse. You agree to immediately notify DMAG of any unauthorized use of your member's account or any other breach of security known to you.
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have in the future against DMAG, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction with DMAG.
You hereby agree to indemnify, defend and hold DMAG, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by DMAG, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms of Use including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

Termination

DMAG may terminate this agreement and your access to this website at any time without notice. In the event of termination, you are not authorised to access this website but all restrictions, licenses and the like granted by you and all disclaimers and limitations of liability by DMAG will survive termination.

Applicable law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and DMAG agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts of appeal.

General

If any provision(s) of these Terms of Use is / are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be excluded, and the other provisions shall remain in full force and effect.
DMAG's failure to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DMAG in writing.