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<SMPage class="sm-terms">
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<h1>Terms and Conditions</h1>
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<p>
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Please read these terms carefully. By accessing or using our
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website and online servers, you agree to be bound by these terms
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and conditions. Do not use this site or our other online
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services if you if you do not agree to all of these terms. If
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you have any questions regarding the use of our site, please
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contact us. These Terms and Conditions ("Terms") apply to your
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access to, and use of the website (stemmechanics.com.au) and
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online services (collectively, the "Sites") of STEMMechanics.
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("STEMMechanics"). The Terms do not alter in any way the terms
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or conditions of any other agreement you may have with
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STEMMechanics, or our subsidiaries or affiliates, for products,
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services or otherwise. If you are using the Sites on behalf of
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any entity, you represent and declare that you are authorized to
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accept these Terms on such entity's behalf and that such entity
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agrees to indemnify you and STEMMechanics for its violations of
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these Terms.
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</p>
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<h4>1. Eligibility, registration & account</h4>
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<p>
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You must be 18 years of age to use the Website. If you are under
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18 years of age you must have the permission of your parent or
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guardian to use the Site.
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</p>
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<p>
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Until you are 18 years old, by using our online services you
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certify that your parents or legal guardian has consented to
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your use and agreed to these Terms and Conditions on your
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behalf, and you acknowledge and agree that your use of our
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online services is at their discretion. We may require your
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parents or legal guardian to provide a written acknowledgement
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of these Terms and Conditions on your behalf before we provide
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you with part of all of our online services.
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</p>
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<p>
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You also represent and warrant that you (a) have not previously
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been suspended or removed from the Sites; (b) do not have more
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than one Site account.
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</p>
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<p>
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In consideration of your use of the Sites, you agree to (a)
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provide accurate, current and complete information; (b) maintain
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and promptly update your account information; (c) maintain the
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security of your account credentials; (d) not share your account
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credentials with others; and (e) promptly notify STEMMechanics
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if you discover or otherwise suspect any security breaches
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related to the Sites.
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</p>
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<h4>2. Ownership of site content</h4>
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<p>
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Unless otherwise indicated on our Sites, the Sites and all
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content and materials therein, including but not limited to the
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STEMMechanics logo and all designs, text, graphics, pictures,
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information, data, software, sound files, other files and the
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selection and arrangement thereof (collectively, "Site Content")
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are the proprietary property of STEMMechanics or our affiliates,
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licensors, suppliers or users and are protected by international
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copyright laws.
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</p>
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<p>
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You are granted a limited, nonexclusive, non-sublicensable
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license to access and use the Sites and electronically copy
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(except where prohibited without a license) and print hard copy
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portions of the Site Content for your informational,
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non-commercial and personal use. Such license is subject to
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these Terms and excludes: (a) any resale of the Sites or Site
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Content; (b) the collection and use of any product listings,
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pictures or descriptions; (c) the distribution, public
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performance or public display of any Site Content; (d) modifying
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or otherwise making any derivative uses of the Sites and the
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Site Content, or any portion thereof; (e) use of any data
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mining, robots or similar data gathering or extraction methods;
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(f) downloading (other than page caching) of any portion of the
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Sites, the Site Content or any information contained therein,
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except as expressly permitted on the Sites or pursuant to
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separate terms; or (g) any use of the Sites or the Site Content
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other than for its intended purpose. Any other use of the Sites
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or the Site Content, without the prior written permission of
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STEMMechanics, is strictly prohibited and will terminate the
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license granted herein. Unless explicitly stated herein, nothing
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in these Terms shall be construed as conferring any license to
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intellectual property rights, whether by estoppel, implication
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or otherwise. This license is revocable at any time.
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</p>
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<h4>3. Hyperlinks</h4>
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<p>
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You are granted a limited, non-exclusive right to create a text
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hyperlink to the Sites for non-commercial purposes, provided
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such link does not portray STEMMechanics or any of our products
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and services in a false, misleading, derogatory or otherwise
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defamatory manner and provided further that the linking site
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does not contain any adult or illegal material or any material
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that is offensive, harassing or otherwise objectionable. This
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limited right may be revoked at any time. You may not use a
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STEMMechanics logo or other proprietary graphic of STEMMechanics
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to link to the Sites without the express written permission of
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STEMMechanics. Further, you may not use, frame or utilize
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framing techniques to enclose any STEMMechanics logo or other
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proprietary information, including the images found at the
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Sites, the content of any text or the layout/design of any page
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or form contained on a page on the Sites without STEMMechanics'
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express written consent.
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</p>
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<p>
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STEMMechanics makes no claim or representation regarding the
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quality, content, nature or reliability of third-party websites
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accessible by hyperlink from the Sites, or websites linking to
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the Sites. Such sites are not under the control of STEMMechanics
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and STEMMechanics provides these links to you only as a
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convenience. The inclusion of any link does not imply
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affiliation, endorsement or adoption by STEMMechanics of any
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site or any information contained therein. When you leave our
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Sites, you should be aware that our terms and policies no longer
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govern. You should review the applicable terms and policies,
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including privacy and data gathering practices, of any site to
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which you navigate from the Sites.
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</p>
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<h4>4. User content</h4>
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<p>
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The Sites may include discussion blogs, profiles, product
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reviews or other interactive features or areas (collectively,
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"Interactive Areas"), in which you or other users create, post,
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transmit or store any content, such as text, photos, video,
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graphics or code on the Sites ("User Content"). User Content is
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publicly-viewable and includes your profile information and any
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content you post pursuant to your profile, but it does not
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include your stemmechanics.com.au account information (also
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known as "Your STEMMechanics Account" or "Your Account") or
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information you submit in order to make a purchase. You agree
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that you are solely responsible for your User Content and for
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your use of such Interactive Areas, and that you use the
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Interactive Areas at your own risk.
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</p>
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<p>
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By using any Interactive Areas, you agree not to post, upload
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to, transmit, distribute, store, create or otherwise publish or
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send through the Sites any of the following:
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</p>
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<ul>
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<li>
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User Content that is unlawful, defamatory, obscene,
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pornographic, indecent, lewd, suggestive, harassing,
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threatening, abusive, inflammatory, fraudulent or otherwise
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objectionable;
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</li>
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<li>
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User Content that would constitute, encourage or provide
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instructions for a criminal offense, violate the rights of
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any party or that would otherwise create liability or
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violate any local, state, national or international law;
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</li>
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<li>
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User Content that displays, describes or encourages usage of
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any product we sell in a manner that could be offensive,
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inappropriate or harmful to STEMMechanics or any user or
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consumer or that is contrary to any instructions or warnings
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relating to the product (safety concerns can be reported
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here);
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</li>
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<li>
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User Content that may impinge upon or violate the publicity,
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privacy or data protection rights of others, including
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pictures, videos, images or information about another
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individual where you have not obtained such individual's
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consent;
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</li>
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<li>
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User Content that makes false or misleading statements,
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claims or depictions about a person, company, product or
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service;
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</li>
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<li>
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User Content that does not clearly and prominently disclose
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any material connections you may have to STEMMechanics or
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third-party brands or sellers (for example, if you receive
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free products or services or are a paid blogger or
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employee);
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</li>
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<li>
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User Content that may infringe any patent, trademark, trade
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secret, copyright or other intellectual or proprietary right
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of any party;
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</li>
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<li>
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User Content that impersonates any person or entity or
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otherwise misrepresents your affiliation with a person or
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entity;
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</li>
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<li>
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Viruses, malware of any kind, corrupted data or other
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harmful, disruptive or destructive files or code; and
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</li>
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<li>
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User Content that, in the sole judgment of STEMMechanics,
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restricts or inhibits any other person from using or
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enjoying the Sites or which may expose STEMMechanics or our
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users to any harm or liability of any type.
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</li>
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</ul>
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<p>
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Enforcement of the Terms, however, is solely in our discretion
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and the absence of enforcement of these Terms in some instances
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does not constitute a waiver of our right to enforce the Terms
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in other instances. In addition, these Terms do not create any
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private right of action on the part of any third party or any
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reasonable expectation or promise that the Sites will not
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contain any content that is prohibited by such Terms. Although
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STEMMechanics has no obligation to screen, edit or monitor any
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of the User Content posted on the Sites, STEMMechanics reserves
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the right, and has absolute discretion, to remove, screen or
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edit any User Content posted or stored on the Sites at any time
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and for any reason without notice, and you are solely
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responsible for creating backup copies and replacing any User
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Content you post or store on the Sites at your sole cost and
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expense.
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</p>
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<p>
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Any use of the Sites in violation of these Terms may result in,
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among other things, termination or suspension of your rights to
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use the Sites.
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</p>
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<h4>5. Rights in user content</h4>
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<p>
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Except as otherwise provided herein, on the Sites or in a
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separate agreement with us (such as the rules of a STEMMechanics
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photo sharing contest), STEMMechanics claims no ownership or
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control over any User Content. However, by submitting or posting
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User Content on the Sites, you grant STEMMechanics and our
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subsidiaries and affiliates a nonexclusive, royalty-free,
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world-wide, perpetual, irrevocable, transferable, and fully
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sublicensable right to use, reproduce, modify, adapt, publish,
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translate, create derivative works from, distribute, perform and
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display such User Content on the Sites and on third-party sites
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and in all other media or formats, whether currently known or
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hereafter developed, for any purpose and without any
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compensation to you. You also grant users of the Sites the right
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to access your User Content in connection with their use of the
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Sites. If you choose to remove your User Content, the license
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granted above will automatically expire; however, you
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acknowledge that there may be exceptions (for example, you
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cannot delete a vote you submitted that has already been counted
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or your purchase history). In addition, we may retain archived
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copies of your User Content and cached copies of your User
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Content may still be available for some period of time.
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</p>
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<p>
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By posting User Content to the Sites, you represent and warrant
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that (a) such User Content is non-confidential; (b) you own and
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control all of the rights, title and interest in and to the User
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Content or you otherwise have all necessary rights to post and
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use such User Content to the Sites and to grant the rights to
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STEMMechanics that you grant in these Terms; (c) the User
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Content is accurate and not misleading or harmful in any manner;
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and (d) the User Content, and your use and posting thereof in
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connection with the Sites, do not and will not violate these
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Terms, our Site Rules, any other applicable STEMMechanics terms,
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guidelines or policies or any applicable law, rule or
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regulation.
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</p>
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<h4>6. Feedback</h4>
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<p>
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Separate and apart from User Content, you have the ability to
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submit questions, comments suggestions, reviews, ideas, plans,
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designs, notes, proposals, drawings, original or creative
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materials and other information regarding the Sites,
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STEMMechanics and our products or services (collectively
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"Feedback"). You agree that Feedback is non-confidential and
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shall become the sole property of STEMMechanics. STEMMechanics
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shall own exclusive rights, including all intellectual property
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rights, in and to such Feedback and shall be entitled to the
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unrestricted use and dissemination of the Feedback for any
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purpose, commercial or otherwise, without acknowledgment or
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compensation to you. Do not send us Feedback if you expect to be
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paid or want to continue to own or claim rights in them; your
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idea might be great, but we may have already had the same or a
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similar idea and we do not want disputes.
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</p>
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<h4>7. User conduct</h4>
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<p>
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You agree that you will not violate any law, contract or
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intellectual property or other third party right or commit a
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tort and that you are solely responsible for your conduct while
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accessing or using the Sites. You also agree to abide by our
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Site Rules and that you will not:
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</p>
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<ul>
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<li>
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Use the Sites in any unlawful manner or in any manner that
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could damage, disable, overburden or impair the Sites;
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</li>
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<li>
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Send unsolicited or unauthorized advertising, solicitations,
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promotional materials, spam, junk mail, chain letters and
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pyramid schemes, or harvest or collect email addresses or
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other contact information of other users from the Sites for
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the purposes of sending spam;
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</li>
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<li>
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Use any robot, spider, crawler, scraper or other automated
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means or interface not provided by us to access the Sites or
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to extract data;
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</li>
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<li>
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Reverse engineer any aspect of the Sites or do anything that
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might discover source code or bypass or circumvent measures
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employed to prevent or limit access to any area, content or
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code of the Sites (except as otherwise expressly permitted
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by law);
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</li>
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<li>
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Solicit personal information from anyone under 18 or solicit
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passwords or personally identifying information for
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commercial or unlawful purposes;
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</li>
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<li>
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Use or attempt to use another's account without
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authorization from STEMMechanics;
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</li>
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<li>
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Attempt to circumvent any content filtering techniques we
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employ or access any service or area of the Sites that you
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are not authorized to access;
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</li>
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<li>
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Engage in any harassing, intimidating, predatory or stalking
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conduct;
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</li>
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<li>
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Develop any third-party applications that interact with User
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Content and our Sites;
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</li>
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<li>
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Interfere with or damage the operation of the Sites or
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introduce to the Sites or its users any viruses, malware,
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corrupted data or other harmful, disruptive or destructive
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files or code; or
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</li>
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<li>
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"Frame" our Sites or otherwise make it look like you have a
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relationship to us or that we have endorsed you for any
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purpose.
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</li>
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</ul>
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<p>
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In addition to the above rules, you also agree to abide by any
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additional STEMMechanics rules in realtion to any organised
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Forum, Chat, Game and/or Realm Servers. You can view the
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collection of additional rules at
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<router-link :to="{ name: 'rules' }"
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>stemmechanics.com.au/rules</router-link
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>
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</p>
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<p>
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STEMMechanics has no obligation to monitor any user conduct on
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the Sites, and STEMMechanics reserves the right and has absolute
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discretion to monitor any user conduct on the Sites at any time
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and for any reason without notice. STEMMechanics does not
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approve or endorse any user-posted meetings or events referenced
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on the Sites and STEMMechanics recommends exercising caution
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before contacting or meeting anyone (online or offline) that is
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unfamiliar to you.
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</p>
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<h4>8. No third-party beneficiaries</h4>
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<p>
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These Terms are for the benefit of, and will be enforceable by,
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the parties only. These Terms are not intended to confer any
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right or benefit on any third party or to create any obligations
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or liability of a party to any such third party.
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</p>
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<h4>9. Indemnification</h4>
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<p>
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To the fullest extent permitted by applicable law, you agree to
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defend, indemnify and hold harmless STEMMechanics and our
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subsidiaries and affiliates, and our respective, directors,
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employees, independent contractors, service providers and
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consultants, from and against any claims, damages, costs,
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liabilities and expenses (collectively, "Claims") arising out of
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or related to (a) your access to and use or misuse of the Sites;
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(b) any User Content you post, upload, use, distribute, store or
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otherwise transmit on or through the Sites; (c) any Feedback you
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provide; (d) your violation of these Terms; and (e) your
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violation of any rights of another.
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</p>
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<h4>10. Disclaimers</h4>
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<p>
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Except as expressly provided, the Sites, Site Content, User
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Content and services provided on or in connection with the Sites
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(collectively, "Complete Site") are provided on an "AS IS" and
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"WITH ALL FAULTS" basis without representations, warranties or
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conditions of any kind, either express or implied. STEMMECHANICS
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DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND
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DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
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TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE,
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RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE
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USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. STEMMechanics
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does not represent or warrant that the Complete Site is
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accurate, complete, reliable, current or error-free.
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STEMMechanics does not represent or warrant that the Sites or
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our servers are free of viruses or other harmful components.
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</p>
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<p>
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The Site Content, including, but not limited to, STEMMechanics
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videos and "Expert Advice" articles, is general in nature and
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must be used with an appreciation for the differing capabilities
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among individual users and the differing demands placed on
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equipment and techniques by the wide variety of circumstances
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that can be encountered in outdoor recreation. The information
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is not a substitute for in-person guidance by a qualified
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instructor.
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</p>
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<h4>11. Liability</h4>
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<p>
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To the fullest extent permitted by applicable law, in no event
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shall the STEMMechanics parties be liable for any special,
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indirect, incidental or consequential damages, including, but
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|
not limited to, loss of use, loss of profits or loss of data,
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whether in an action in contract, tort (including, but not
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limited to, negligence) or otherwise, arising out of or in any
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way connected to the access or use of the complete site, your
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online or offline interactions with other site users, or
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otherwise related to these terms, including but not limited to
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any damages that result from events beyond our reasonable
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control, such as interruptions to all or portions of the
|
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complete site, deletion of files or email, errors or omissions,
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defects, viruses, delays in operation or transmission or failure
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of performance, whether or not resulting from acts of god,
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communications failure, theft, destruction or unauthorized
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access to an STEMMechanics party's records, programs or
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services.
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</p>
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<h4>12. Modifications to site</h4>
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<p>
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STEMMechanics reserves the right to modify or discontinue,
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temporarily or permanently, the Sites or any features or
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portions thereof without prior notice.
|
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</p>
|
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<h4>13. Termination</h4>
|
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<p>
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You may terminate the Terms at any time by closing your account,
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discontinuing your use of the Sites and providing STEMMechanics
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with a notice of termination. STEMMechanics reserves the right,
|
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without notice and in our sole discretion, to terminate your
|
|
right to use the Sites, or any portion of the Sites, and to
|
|
block or prevent your future access to and use of the Sites or
|
|
any portion of the Sites.
|
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</p>
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<h4>14. Severability</h4>
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<p>
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If any provision of these Terms shall be deemed unlawful, void
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or for any reason unenforceable, then that provision shall be
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deemed severable from these Terms and shall not affect the
|
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validity and enforceability of any remaining provisions.
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</p>
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<h4>15. Ordering online</h4>
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<p>
|
|
Upon completing your order and submitting it through the
|
|
checkout system, an order reference number will be issued to you
|
|
via a confirmation email. We will not process your order until
|
|
it has passed our internal validation procedures, for the
|
|
purpose of preventing credit card or payment fraud. Upon
|
|
processing your order and receiving payment we will send you a
|
|
confirmation email which is your Tax Invoice. We reserve the
|
|
right to refuse service or supply of the products or to
|
|
terminate the contract and/or your account at our sole
|
|
discretion. If we cannot process your order after receiving
|
|
payment, we will contact you using the details entered at the
|
|
checkout. By placing an order with stemmechanics.com.au, you
|
|
declare that will not be on-selling the product(s) to another
|
|
person(s) for financial gain.
|
|
</p>
|
|
<p>
|
|
In the instance that you need to cancel or edit your order of a
|
|
physical item; if you fail to notify us before your order has
|
|
been dispatched, you can incur a return to sender delivery fee
|
|
of $25. To avoid any fees associated when cancelling/editing
|
|
your order, you'll need to notify receive confirmation from a
|
|
STEMMechanics customer support team member before the order has
|
|
been dispatched from our premises.
|
|
</p>
|
|
<p>
|
|
Digital items cannot be cancelled or edited after receiving
|
|
payment.
|
|
</p>
|
|
<h4>16. Pricing & availability</h4>
|
|
<p>
|
|
All prices are shown in Australia dollars (AUD). All items are
|
|
subject to availability and we reserve the right to impose
|
|
quantity limits on any order, to reject all or part of an order
|
|
and to discontinue products or services without notice, even if
|
|
you have already placed your order. All prices are subject to
|
|
change without notice. Prices displayed on the Sites may vary
|
|
from those in the store or from store-advertised prices. All
|
|
purchases on applicable products include GST at the rate of 10%.
|
|
</p>
|
|
<h4>17. Errors</h4>
|
|
<p>
|
|
We attempt to be as accurate as possible and eliminate errors on
|
|
the Sites; however, we do not warrant that any product, service,
|
|
description, photograph, pricing or other information is
|
|
accurate, complete, reliable, current or error-free. In the
|
|
event of an error, whether on the Sites, in an order
|
|
confirmation, in processing an order, delivering a product or
|
|
service or otherwise, we reserve the right to correct such error
|
|
and revise your order accordingly if necessary (including
|
|
charging the correct price) or to cancel the order and refund
|
|
any amount charged. Your sole remedy in the event of such error
|
|
is to cancel your order and obtain a refund.
|
|
</p>
|
|
<h4>18. Out of stock / pre-order items</h4>
|
|
<p>
|
|
If the colour or size you want is not listed in the "Choose Your
|
|
Colour/Size" drop-down box on the Product Information page, it
|
|
is not then available for ordering. Please check back later. If
|
|
the colour or size you want has an Out of Stock label, it is on
|
|
backorder and available for pre-order. Sometimes we will not
|
|
know in advance that product is unavailable, so when you place
|
|
items in your Cart you will be asked if you would like to
|
|
pre-order them. If you indicate yes, the item will be sent to
|
|
you once it becomes available. Note that some items may be
|
|
backordered or unavailable even if the Sites indicate that they
|
|
are in-stock, and adding an item to your Cart does not guarantee
|
|
the availability of that item. If you have items on pre-order
|
|
that you would like to cancel, please contact us.
|
|
</p>
|
|
<h4>
|
|
19. Agreement to Conduct Transactions Electronically; Recording;
|
|
Copies
|
|
</h4>
|
|
<p>
|
|
You agree that all of your transactions with or through the
|
|
Sites may, at our option, be conducted electronically from start
|
|
to finish, and that any oral conversations may be recorded. If
|
|
we decide to proceed non-electronically, those transactions will
|
|
still be governed by the remainder of these Terms unless you
|
|
enter into different terms provided by us. You are responsible
|
|
to print or make an electronic a copy of these Terms and any
|
|
other contract or disclosure that we are required to provide to
|
|
you.
|
|
</p>
|
|
<h4>20. Payment</h4>
|
|
<p>
|
|
We currently accept Visa and Mastercard online. Only valid
|
|
credit cards or other payment method acceptable to us may be
|
|
used and all refunds will be credited to the same card or, in
|
|
our discretion, other method. By submitting your order, you
|
|
represent and declare that you are authorized to use the
|
|
designated card or method and authorize us to charge your order
|
|
(including taxes, delivery costs, handling and any other amounts
|
|
described on the Sites) to that card or other method. If the
|
|
card (or other method) cannot be verified, is invalid, or is not
|
|
otherwise acceptable, your order may be suspended or cancelled
|
|
automatically.
|
|
</p>
|
|
<h4>21. Third-party sellers / on-sellers (buying & selling)</h4>
|
|
<p>
|
|
You may not place orders with the intention to immediately
|
|
on-forward the products to another person in a business
|
|
transaction (via marketplaces such as eBay etc), without the
|
|
express written permission of STEMMechanics.
|
|
</p>
|
|
<p>
|
|
In the instance that you, a customer who has received a
|
|
STEMMechanics order via an on-forwarder, then you forfeit your
|
|
right to make; a) a warranty claim or b) refund or exchange with
|
|
STEMMechanics. As per Australian Consumer Law or Consumer
|
|
Guarantee, the reseller who has conducted the transaction must
|
|
address the warranty and refunds directly with the manufacturer
|
|
at their own cost and loss.
|
|
</p>
|
|
<p>
|
|
If a reseller who has conducted the transaction is requesting
|
|
that STEMMechanics send the product directly to the customer
|
|
then they are engaging in Misleading Breach of the Law. The two
|
|
laws are: Section 18 of the act which relates to Passing Off,
|
|
and Trading on the Goodwill of Another Business - and, section
|
|
29 1 G which relates to Affiliation (misleading the customer
|
|
that the seller works for the Retailer, in this case
|
|
STEMMechanics). This can be made obvious by the reseller's
|
|
customer receiving a Tax Invoice for the products with
|
|
STEMMechanics letterhead and other documentation supplied by
|
|
STEMMechanics Outdoors, misleading the customer to think they
|
|
are buying from a reputable store instead of a reseller, often
|
|
just a consumer. Exceptions to this would be if the reseller has
|
|
an ABN or ACN that relates solely and specifically to reselling
|
|
products purchased from a Retailer, to their customer base. They
|
|
will still be responsible for warranty and after sales service
|
|
but this is allowed under the Law.
|
|
</p>
|
|
</template>
|
|
</SMPage>
|
|
</template>
|