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Terms and Conditions of Use

This page states the Terms and Conditions under which you may use the website or services of Automated Patrol Telescopes Australia Pty Ltd (hereafter refered to as "APTA"). Please read this page carefully. By using this website, you agree to be bound by the Terms and Conditions stated herein. If you cannot accept these Terms and Conditions in full, or if you do not agree with these Terms and Conditions in full, then please do not use this website or APTA's services. These Terms and Conditions are binding. APTA may revise these Terms and Conditions at any time by updating this webpage. It is recommended that you read this webpage periodically, to review the Terms and Conditions.

1. Your privacy
  1.1. APTA respects the rights and privacy of its customers. APTA will not disclose any material uploaded to or downloaded from any of APTA's servers, including your email address and other personal information, to anyone else without your permission, unless legally required to do so, or to enforce or to protect its rights or to defend any claim or action brought against APTA.
 
  1.2. You, as a customer, are entirely responsible for maintaining the confidentiality of your personal details, including your password and login details. You will enter these details via our account registration form and agree to enter these details accurately and truthfully. You are wholly responsible for any and all activities that occur under your login or account, or in respect of your use of this website or any of APTA's services.
 
  1.3. You agree that the internet is an inherently insecure medium for the transmission of data and intellectual property. At any time, your electronic transmissions from any location to APTA's service may be monitored, redirected, or otherwise interfered with by a third party. APTA has put reasonable measures in place to prevent third parties from maliciously interfering with electronic transmissions to and from APTA's service. In particular, web pages accepting password information are protected by a 128-bit, Secure Sockets Layer (SSL) certificate. However, APTA does not make any representations as to the effectiveness of these measures.
 
  1.4. When you use the APTA website, our system automatically records information in a number of log files. This information includes your IP address, request details, including the date and time, the user you are logged in as (if any), and details pertaining to the actions you attempted to perform. This information is kept solely for the purposes of internal audit, performance and security monitoring. APTA will not disclose any of this information to anyone else unless legally required to do so, or to enforce or to protect its rights or to defend any claim or action brought against APTA.
 
2. No unlawful conduct
  2.1. APTA requires that its members behave in a lawful manner at all times, and not to transgress these Terms and Conditions.
 
  2.2. You, as a customer, agree that you will not use the APTA website or any of APTA's services for any purpose that is unlawful or prohibited by these Terms and Conditions. Any unauthorised use of the APTA website or of APTA services is expressly prohibited.
 
  2.3. In using the the APTA website or any of APTA's services, you agree to comply with all applicable laws in each relevant jurisdiction (both within Australia and internationally). You are entirely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the APTA website and service.
 
3. APTA's liability
  3.1. APTA makes no representations about the availability, accuracy, reliability, suitability, completeness, or timeliness of any of its services or any of the material provided on this website or about the results to be obtained from using its services or the website. You use this website and APTA's services at your own risk. Changes are periodically made to the website and may be made at any time.
 
  3.2. THIS WEBSITE AND ALL OF APTA'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APTA BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE APTA'S SERVICES OR THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL BASIS, AND WHETHER OR NOT APTA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
  3.3. You agree that APTA is not be liable for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through APTA, its website or services.
 
  3.4. You agree that APTA is not liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
 
  3.5. By using this website or APTA's services, you agree to indemnify, and hold harmless APTA, its officers, directors, employees and authorised agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal fees and costs) which APTA may become obligated to pay arising or resulting from your use of APTA's services or the website material or your breach of these Terms and Conditions.
 
4. Third Party Software
  4.1. APTA is not responsible for the code that implements any third-party software or service used on our web site; nor is APTA responsible for the code that implements any third-party software or service provided via any non web-based interface. This is the responsibility of the implementers of the third-party software. This software is provided to our customers "as is" and APTA makes no warranty to you as to its availability, reliability, suitability or timeliness.
 
5. Data Backup
  5.1. APTA will maintain a backup to all customer data on multiple servers, but makes no claim about the accuracy and reliability of these backups.
 
6. Funds
  6.1. APTA will not refund any payment made by you in respect of its services, even where you do not take the full benefit of the service provided, or where your use of the website or services is terminated before the expiry of your login or account.
 
7. Termination
  7.1. APTA may terminate your use of its website or services at any time for any reason and without notice.
 
  7.2. Your right to use APTA's services ceases immediately upon termination.
 
8. Copyright and Intellectual Property
  8.1. The contents of this website are protected against unauthorised use in Australia and other countries by copyright and other intellectual property laws.
 
  8.2. You are not authorised to modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through APTA's website or services, including code or software.
 
  8.3. APTA acknowledges that any content uploaded by you to APTA's servers may also be protected by copyright and other intellectual property laws, both within Australia and in other countries. APTA will not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content uploaded to APTA's servers by you, including code and software.
 
9. Governing Law and Jurisdiction
  9.1. You acknowledge and agree that this agreement is governed by and will be construed according to the laws of Queensland, Australia, and you submit irrevocably to the non-exclusive jurisdiction of the courts of Queensland with respect to any proceedings which may be brought at any time relating in any way to these Terms and Conditions or to your use of this website or of any service provided to you by APTA.
 
  9.2. You submit and consent to the jurisdiction of the Brisbane Court District with respect to any proceedings which may be brought at any time relating in any way to these Terms and Conditions or to your use of this website or of any service provided to you by APTA.
 
10. Waiver
  10.1. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
 
11. Entire agreement and variation
  11.1. Except as expressly provided elsewhere within the APTA website, these Terms and Conditions constitute the entire agreement between you and APTA with respect to the use of the website or other services provided by APTA.
 
  11.2. Any changes to these Terms and Conditions must be made in writing and signed by an authorised representative of APTA.
 
12. Invalidity
  12.1. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
 
13. "APTA"
  13.1. Roy Duncan, Scott Sinclair, and Tony Madsen are the proprietors of APTA, this website and the services provided herein. Roy Duncan, Scott Sinclair, and Tony Madsen are personally entitled to the full benefit of these conditions, including any exclusions or limitations of liability.