Website Terms

Conditions of Use
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Gemkilt Publishing Services Australian Penthouse Website form the conditions of supply of material on, use of and access to Gemkilt Publishing Services Australian Penthouse Website. Your continued use of Gemkilt Publishing Services Australian Penthouse Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Gemkilt Publishing Services Australian Penthouse Website.

Accuracy of information and disclaimer of warranties
All material on Gemkilt Publishing Services Australian Penthouse Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Gemkilt Publishing Services Australian Penthouse Website is at your sole risk. Access to Gemkilt Publishing Services Australian Penthouse Website is provided on an ‘as available’ basis. Neither Gemkilt Publishing Services Australian Penthouse Website its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on Gemkilt Publishing Services Australian Penthouse Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Gemkilt Publishing Services Australian Penthouse Website will be uninterrupted, timely or secure. Gemkilt Publishing Services Australian Penthouse Website will not be liable for loss resulting from any action or decision by you in reliance on the information on Gemkilt Publishing Services Australian Penthouse Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

General information only – non advisory
The material on Gemkilt Publishing Services Australian Penthouse Website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Copyright
The material provided on Gemkilt Publishing Services Australian Penthouse Website is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Gemkilt Publishing Services or the appropriate supplier or licensor of Gemkilt Publishing Services.

You may not use any part of the material on an Gemkilt Publishing Services Australian Penthouse Website site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Trademarks
The Gemkilt Publishing Services logo, the logos of the Gemkilt Publishing Services sites and the magazines mastheads on the Gemkilt Publishing Services Australian Penthouse Website sites are registered trademarks of Gemkilt Publishing Services or its related bodies corporate. Other trademarks may be displayed on Gemkilt Publishing Services Australian Penthouse Website from time to time. These may belong to third parties. Nothing displayed on Gemkilt Publishing Services Australian Penthouse Website should be construed as granting any licence or right of use of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant owner.

Your conduct
As a condition of your use of Gemkilt Publishing Services Australian Penthouse Website or any services on Gemkilt Publishing Services, you warrant to Gemkilt Publishing Services that you will not use Gemkilt Publishing Services Australian Penthouse Website for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on Gemkilt Publishing Services Australian Penthouse Website. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:

  • use Gemkilt Publishing Services Australian Penthouse Website to defame, abuse, harass, stalk, threaten or otherwise offend others; publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Gemkilt Publishing Services Australian Penthouse Website;
  • impersonate any person or entity;
  • upload, post, e-mail, transmit or otherwise make available using Gemkilt Publishing Services Australian Penthouse Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
    breach any applicable laws or regulations.

Gemkilt Publishing Services Australian Penthouse Website has no obligation to monitor any user’s use of Gemkilt Publishing Services Australian Penthouse Website Corporate website , however Gemkilt Publishing Services retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You will indemnify Gemkilt Publishing Services if Gemkilt Publishing Services or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Gemkilt Publishing Services Australian Penthouse Website.

Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on Gemkilt Publishing Services Australian Penthouse Website from time to time. These websites do not form part of Gemkilt Publishing Services Australian Penthouse Website and are not under the control of Gemkilt Publishing Services or its related bodies corporate and neither Gemkilt Publishing Services nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave Gemkilt Publishing Services Australian Penthouse Website and do so entirely at your own risk.
Gemkilt Publishing Services Australian Penthouse Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Gemkilt Publishing Services Australian Penthouse Website or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.

If you contact a third party using functionality provided on Gemkilt Publishing Services Australian Penthouse Website, including via e-mail, Gemkilt Publishing Services Australian Penthouse Website accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Limitation of liability
Gemkilt Publishing Services Australian Penthouse Website and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise Gemkilt Publishing Services and its related bodies corporate exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Gemkilt Publishing Services’ liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Gemkilt Publishing Services Australian Penthouse Website’s option, to:
in the case of services supplied or offered by Gemkilt Publishing Services Australian Penthouse Website:

  • the re-supply of those services; or
  • the payment of the cost of having those services re-supplied; and

in the case of goods supplied or offered by Gemkilt Publishing Services

  • the replacement of the goods or the supply of equivalent goods;
    the repair of the goods;
  • the payment of the cost of having the goods replaced; or
    the payment of the cost of having the goods repaired.

You expressly agree and understand that in no circumstances will Gemkilt Publishing Services Australian Penthouse Website or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Gemkilt Publishing Services or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access Gemkilt Publishing Services Australian Penthouse Website or any material on Gemkilt Publishing Services Australian Penthouse Website; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on Gemkilt Publishing Services Australian Penthouse Website. Excluding liability for negligence the maximum liability of Gemkilt Publishing Services and its related bodies corporate is equivalent to the total of any amounts you have paid to Gemkilt Publishing Services and its related bodies corporate in respect of goods or services supplied to you by Gemkilt Publishing Services or its related bodies corporate through Gemkilt Publishing Services Australian Penthouse Website.

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