About this Website
This web site is operated by Merlin Software Pty Ltd (Merlin Software) under the domain name “www.merlinsoftware.com.au” (Site).
Please Contact Us if you have any questions about these Terms.
Applicability of these Terms
Your use of the Site constitutes your acceptance of these Terms.
Merlin Software may revise these Terms at any time without giving you notice, and it is your responsibility to monitor this page for revised Terms. All changes to these Terms are effective from the date the revised Terms are posted on the Site, and the revised version of these Terms will supersede any earlier version. You agree that by doing this, Merlin Software has given you sufficient notice of the variation to these Terms.
You can review the most current version of these Terms at any time by visiting this page.
The Site contains general information about products and services offered by Merlin Software. You should not act or refrain from acting solely on the basis of that information, but should obtain specific advice as to the suitability of any product or service.
Information available from this Site does not form a part of the terms and conditions under which any products or services are offered for sale or supply. Nor does that information amount to an offer to enter into a legally binding contract.
Use of the Site
When you access the Site, you:
- must not use the Site or any of the material contained in it for any purpose that is unlawful, prohibited under these Terms, or that violates any right (including copyright) of Merlin Software or of any third party;
- must not access or attempt to access any part of the Site which is not designated for public access;
- may only save a local copy of, or print any of the material contained in the Site for your own information, research or study, and to inform others about the Site. You may not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public, transmit in any form or by any process, or otherwise exploit any part of the Site or any of the material contained in the Site for any commercial purpose;
- must not transmit, or permit or encourage the transmission to or through the Site of any information or material that is:
- illegal, threatening, abusive, defamatory, obscene, pornographic or indecent;
- in contempt of any court or parliament or in breach of any law; or
- incorrect or misleading.
- must not knowingly post or transmit or permit the posting or transmission of any material to the Site which contains a virus;
- must take your own precautions to ensure that whatever you select from the Site is free of viruses or anything else that may interfere with your or any third party’s computer system.
Merlin Software may refuse you access to the Site, or edit or delete material transmitted by you if you act in contravention of any of these terms.
Copyright and other Intellectual Property Rights
All material on this Site is owned by or licensed to Merlin Software.
Your use of this Site will not confer on you any intellectual property rights in any of the material contained in this Site. Except as provided in these Terms or as permitted under the Copyright Act 1968 (Aust), you must not use, adapt, upload to a third party, link to, frame, distribute or transmit any of the material contained in this Site in any form without Merlin Software’ prior specific written permission. All rights are reserved.
“Merlin Software” and all associated trademarks are the property of Merlin Software’s.
While Merlin Software has attempted to ensure the accuracy and completeness of the contents of this Site, Merlin Software does not give any warranty or assurance as to the adequacy, or the accuracy or completeness of any material on this Site (including all implied warranties as to merchantability or fitness for any purpose). All information contained in the Site is subject to change without notice and is provided “as is”.
Merlin Software does not warrant that access to the Site or any Linked Site will be uninterrupted or error-free, or that the Site or any Linked Website will be free from any virus.
Limitation of Liability
Subject to any liability that is implied by law and cannot be excluded, Merlin Software is not liable to you for any damages whatsoever, including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with the Site, any Linked Website, or any information contained in the Site or in any Linked Website.
At any time, Merlin Software can terminate, interrupt or withdraw the Site or your access to the Site for any reason, including for upgrades to or maintenance of the Site.
Merlin Software may terminate these Terms, the agreement constituted by your access to the Site or your use of any material contained in the Site, and your access to the Site, at any time without reason, and without notice.
All provisions of these Terms that are intended to continue operating after termination, including those provisions relating to intellectual property, disclaimers and limitations of liability, survive termination for any reason.
If a court of law in a place finds a provision of these Terms to be invalid or unenforceable, that provision is severed in that place, and that severance will not affect the remainder of these Terms, or the enforceability of that provision in another place, which will continue in full force and effect.
These Terms are governed by the laws of South Australia, and you submit to the jurisdiction of the courts of that place and of any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms or the Site.
Due to the nature of the Internet it is possible to access the Site throughout the world. Merlin Software does not make any representation that the contents of the Site comply with the laws of any country outside of Australia. If you access the Site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
Version Number: 2.0
Date of Publication: 1/10/2020