As a user of the GAPbuster website ('www.xec.gapbuster.com'),
you are bound by the following terms and conditions. Accordingly,
you should review them in relation to all or part(s) of
By allowing you to access the website, GAPbuster grants
to you a licence. By accessing the website, you accept
the terms and conditions of this licence. Pursuant to
this licence and subject to the absolute right of GAPbuster
to vary access to all or any part(s) of the website,
you acquire a non-exclusive right to:
View the material in the website.
Access material contained in the website.
Use the website strictly in accordance with the provisions
of this licence.
If you wish to download and use any material contained
in the website for a temporary purpose (such as viewing
offline), you may do so.
However, downloading material contained in the website
for reproduction by you may only be done upon receipt
of prior written consent from GAPbuster, and upon payment
of any fee required by GAPbuster to be paid by you for
You hereby undertake the following obligations:
To not copy or translate for commercial use, reproduce,
adapt, vary or modify any material in the website without
the express consent of GAPbuster, except as expressly
authorised by this licence.
To ensure your employees, subcontractors and other
agents (if any) who have authorised access to the website
are made aware of the terms and conditions of this licence.
To not provide or otherwise make available any material
in the website in any form to any person other than
employees, subcontractors and other agents (if any)
without the written consent of GAPbuster.
To not use the material in the website for, or in connection
with, a service bureau operation.
GAPbuster does not warrant that the material in the
website is accurate, complete or up to date. The existence
of inaccurate, incomplete or superceded material in
the website will not cause GAPbuster to be in breach
of the terms of this licence.
GAPbuster reserves the right to change, add or remove
any material in or from the website without notice.
GAPbuster does not warrant that the functions contained
in the website or third-party websites will be uninterrupted
or without error, that defects will be corrected, or
that electronic material in the website and other third-party
websites are free of viruses or other harmful components.
To the extent permitted by law, all implied terms are
excluded. If any statute implies terms into this licence,
which cannot be lawfully excluded, such terms will apply
to this licence, save that the liability of GAPbuster
for breach of any such implied term will be limited,
at the option of GAPbuster, to any one or more of the
The replacement of goods or services to which the breach
relates or the supply of equivalent goods or services.
The repair of such goods or services.
The payment of the cost of replacing the goods or services
or of acquiring equivalent goods or services.
The payment of the cost of having the goods repaired
or the services performed again.
GAPbuster will not be liable for any indirect or consequential
losses arising out of a breach of this licence, or arising
out of the supply of a defective program or incorrect
When deciding to visit the website, you acknowledge
that you have exercised your independent judgment and
have not relied on any representation made by GAPbuster
which has not been stated expressly in this licence
or upon any descriptions or illustrations or specifications
contained in any document including catalogues or publicity
material produced by GAPbuster (which material may be
out of date or superseded).
Intellectual Property Rights
You acknowledge that the material in the website is
the subject of copyright© and that it is the subject
of other intellectual property and legal rights (including
You must not, during or at any time after the expiry
or termination of this licence, permit any act which
infringes any of those rights and, without limiting
the generality of the foregoing, you specifically acknowledge
that you may not copy the material in the website, except
as otherwise expressly authorised by this licence.
GAPbuster and all associated trademarks are trademarks
of GAPbuster Limited and their related bodies corporate.
Subscribers to services of the website may store in
digital format in computer terminals, databases or other
repositories material which is supplied in the normal
course of a subscription.
Password access is restricted to a single subscriber.
Passwords and user names must not be distributed to
any other person, body or corporation.
Subscribers must take due care to protect the copyright
of materials from unauthorised use, copying, reproduction,
lending, reselling, manipulation, disassembly, distribution
or publication. In the event that a subscriber breaches
this duty, or if it is found that a subscriber's conduct
violates applicable law, GAPbuster may immediately suspend
or terminate a subscriber's subscription without notice.
You must indemnify and keep GAPbuster indemnified fully
against all liabilities, damages, claims, losses, costs
and expenses, which GAPbuster may incur to a third party
or you as a result of your breach of the provisions
of this licence.
Users are prohibited from placing a link to the website
without the prior written consent of GAPbuster and on
terms satisfactory to GAPbuster.
You accept that GAPbuster takes no responsibility for
any error or omission relating to the material contained
in the website.
You accept that GAPbuster makes no undertakings to
provide access to the website at any particular time,
or for any particular length of time. You agree that
GAPbuster will not be held liable for any lapse in the
website's accessibility, or any consequences whatsoever
that flow from the unavailability of the website.
Terms of Licence
This licence commences upon your accessing the website
and is granted in perpetuity. However, the licence may
be terminated without notice by GAPbuster if you are
in breach of any terms of this licence.
Upon termination, you or your representative must destroy
any copies, electronic and printed, of material obtained
from the website that you have in your possession or
under your control or otherwise return or dispose of
such material in the manner directed by GAPbuster.
Termination pursuant to this clause shall not affect
any rights or remedies, which GAPbuster may otherwise
have under this licence or at law.
Amendments to this Licence
These are the current terms and conditions of the licence.
GAPbuster may at any time vary and amend the terms
and conditions of this licence by publishing the varied
Terms and Conditions of Use on the website. You accept
that by doing this, GAPbuster has provided you with
sufficient notice of the variation and amendment.
It is your responsibility to familiarise yourself with
the current terms and conditions each time you visit
Failure or neglect by GAPbuster to enforce at any time
any of the provisions of this licence shall not be construed
or deemed to be a waiver of the rights of GAPbuster
under this licence.
This licence shall be governed by and construed according
to the laws of the state of Victoria, Australia.
GAPbuster means GAPbuster Limited, all of its related
bodies corporate, GAPbuster PLC and all of its related
bodies corporate. A related body corporate means a related
body corporate as defined in the Corporations Law of
'Hyperlink' means any mechanism of providing a link
from one location on the Internet (or a web page) to
another location on the Internet (or a different web
page, or a different location on the same web page),
and includes any mechanism for linking to, or providing
access to, files via the Internet.
'Intellectual Property' means all intellectual property
rights as defined by Article 2 of the World Intellectual
Property Organisation Convention of 1967, in any inventions,
designs, trademarks, trade names, circuit layouts, plant
varieties, business and domain names, logos and get-up,
confidential information, matter, materials or works
accessible on or via the GAPbuster websites.