Introduction

These Website Terms and Conditions (Website Terms), apply when you use this website, tallystone.com and its subdomains (Website).

By using this Website, you agree to be bound by these Website Terms which form a binding contractual agreement between you, a visitor to this Website and Tallystone Australia Pty Ltd ABN 26 676 704 706 (Tallystone, we, our or us). If you don’t agree to these Website Terms, you must not use this Website.

We may change these Website Terms from time-to-time by updating this page of the Website. Your continued use of the Website following such an update represents agreement by you to be bound by these Website Terms as amended.

You must only use this Website in accordance with these Website Terms and any applicable laws, and you must ensure that your employees, sub-contractors and any other agents who use or access the Website do so as well.

Your obligations

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
• use the Website for any purpose other than the purposes of contacting us or for browsing, selecting or subscribing to our software;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• use the Website with the assistance of any automated scripting tool or software; nor
• act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website.

You must also not attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

• gaining unauthorised access to Website accounts or data;
• scanning, probing or testing the Website for security vulnerabilities;
• overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
• instigate or participate in a denial-of-service attack against the Website.

Intellectual property

We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, downloads and software) (Website Content) and reserves all rights in the Website Content (including any intellectual property rights owned or licensed by us not expressly granted to you).

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

Website information

While every effort is made to keep the information on the Website up-to-date and accurate, you acknowledge and agree that to the maximum extent permitted by law, we do not guarantee that:

• the Website will be free from errors or defects;
• the Website will be accessible at all times;
• messages sent through the Website will be delivered promptly, or delivered at all;
• information you receive or supply through the Website will be secure or confidential; or
• any information provided through the Website is true or accurate.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

External links

The Website may contain links to other websites that are not our responsibility or other websites may link to our Website. We have no control over the content of the other websites and we are not responsible for it. Inclusion of any linked website on this Website does not imply our approval or endorsement of the linked website.

Security and privacy

We do not accept responsibility for loss or damage to computer systems, software, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the processes you use for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

You agree to our collection, use and distribution of personal information in accordance with our Privacy Policy.

Reporting misuse

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately via our Contact us page.

Liability

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on this Website. You agree to indemnify us for any loss or liability arising out of your use of this Website.

Jurisdiction

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.