Terms and Conditions

The following provisions govern your use of www.retailsupport.com.au and all other services made available to you through the Retail Support website.

User Submissions

It is a condition of these Terms and Conditions that all information you post and/or submit to be posted in our directories, including all advertisements and creative designs, are either your own works or works which you are using with the permission of the owner.  By submitting information (including advertisements and designs) to any part of the Retail Support Pages Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the Retail Support Pages Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or therapist/client confidentiality. You warrant that any and all information submitted by you and posted on the Retail Support Pages Web Site, including in any directories, is true, complete and correct.

We may suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.

Copyright and Trade Marks

The entire contents and design of the Retail Support Web Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws.

General Disclaimer

The Retail Support Web Site is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the Retail Support Web Site is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the Retail Support Web Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the Retail Support Web Site at any time without notice.

Use of the Retail Support Web Site

Your use of the Retail Support Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Retail Support Pages Web Site. Neither we nor anyone else involved in creating, producing or delivering the Retail Support Web Site, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the Retail Support Web Site.
You must not use any means of automatically searching or mining data from the Retail Support Web Site or in any way interfere or attempt to interfere with the proper operation of the Retail Support Web Site.

You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Retail Support Pages Web Site, our systems or data or those of any third party via the Retail Support Web Site.

Waiver, Release and Limitation of Liability

You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Retail Support Web Site. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the Retail Support Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.

Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the Retail Support Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$360. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Retail Support Pages Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.