Website terms

Website Terms and Conditions

Web Site Terms of Service Agreement between user and Kingston Data Systems

This web site is offered to persons, organisations, firms or companies (the “User”) conditioned on User’s acceptance without modification of the terms, conditions and notices contained herein (the “Web Site Terms of Service”). These Terms of Service constitute a legal agreement between User and Kingston Data Systems and its affiliates web pages and services also operated by Kingston Data Systems. User signifies its acceptance of these Web Site Terms of Service, and Kingston Data Systems Privacy Policy by entering and using the Kingston Data Systems Sites and the terms, conditions, notices and guidelines, if any, contained on each Kingston Data Systems Site accessed by User (the ” Kingston Data Systems Site Terms and Conditions”).
In the event that these Web Site Terms of Service and/or Kingston Data Systems ‘s Privacy Policy conflict with the Kingston Data Systems Site Terms and Conditions then the following priority will apply; (i) the Kingston Data Systems Site Terms and Conditions, (ii) the Web Site Terms of Service and (iii) Kingston Data Systems Privacy Policy (referred to hereinafter collectively as the “Conditions”). User agrees to click on the links to and familiarise itself with the Conditions.

Copyright & Trademarks

All the information, data, text, graphics, links or computer code published on, contained or available on the Kingston Data Systems Sites and associated publications (the “Material”) are the copyright of Kingston Data Systems or its content suppliers.
The names and logos of Kingston Data Systems and all related product and service names, design marks and slogans are the trade names, service marks or trademarks of Kingston Data Systems and may not be used without the prior written consent of Kingston Data Systems.
All product names mentioned are acknowledged as the trademarks or registered trade marks of their respective owners. All trademarks are acknowledged.
No rights to, or property in the Kingston Data Systems Sites or the Material shall pass to User.

Use of Kingston Data Systems Sites

Kingston Data Systems grants User the right to view and use the Kingston Data Systems Sites and to download, where applicable, a single copy of the Material (but not the computer code or any part, the copying of which is strictly forbidden). Unauthorised use of the Material including reproduction for purposes other than those noted above, modification, distribution or republication without the prior written consent of Kingston Data Systems or, where applicable, the respective copyright owner is prohibited.

Save for any express guaranties and/or warranties contained in these Conditions the Material is published for information purposes only and while every effort is made to ensure that it is accurate Kingston Data Systems assumes no responsibility for errors or omissions. It is the responsibility of User to identify and confirm the accuracy and suitability of the Material for whatever purpose User requires or wishes to use the Material.
As a condition of use of the Kingston Data Systems Sites User warrants to Kingston Data Systems that it will not use the Kingston Data Systems Sites, the Material or part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in a defamatory, obscene, threatening, abusive or hateful manner. User shall indemnify Kingston Data Systems, its servants and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against Kingston Data Systems, its servants and agents, as a result of the use by User of the Kingston Data Systems Sites, the Material or part thereof for whatever purpose.

Third Party Websites

Kingston Data Systems Sites may contain links to web sites operated by parties other than Kingston Data Systems. Such links are provided for User’s convenience only. Kingston Data Systems does not control such web sites, and is not responsible for their contents. Kingston Data Systems inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Limitation of Liability

Save for any express warranties and/or guaranties contained in these conditions Kingston Data Systems hereby disclaims all warranties and conditions with regard to the material, goods and services supplied, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose) save as expressly stated in these conditions in no event shall Kingston Data Systems be liable for any indirect, punitive, special, incidental or consequential damages whatsoever even if Kingston Data Systems has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the SG sites, interruptions or delays to Kingston Data Systems sites, the provision of or failure to provide services, or for any information, material, goods and services obtained through SG sites or otherwise arising out of the use of the Kingston Data Systems sites, whether based on contract, tort or otherwise to the fullest extent permitted by law.

Changes to this Agreement

Kingston Data Systems reserves the right to revise these Conditions at any time and without notice at its sole discretion. User is bound by the version of this agreement that is in effect on the date of its visit.

General

All notices which are required to be given hereunder shall be sent by electronic mail and shall be deemed to have been given at the time the electronic mail is received at either party’s electronic mail address.
If any provision of these Conditions is held to be invalid or unenforceable the validity or enforceability of the remaining provisions shall not be affected.
These Conditions constitute the entire agreement between Kingston Data Systems and the User and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between User and Kingston Data Systems regarding the Kingston Data Systems Sites.
Any failure of Kingston Data Systems to exercise or enforce any of its rights under these Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.

Jurisdiction

Your use of this Site is governed by the laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Australian courts in all disputes arising out of or relating to the Kingston Data Systems Sites or these Conditions.