Terms and Conditions of Use

As a user of the GAPbuster Worldwide websites (e.g. 'www.gbw.solutions', 'www.xec. gbw.solutions', 'www.gapdynamics. gbw.solutions', 'www.gd2. gbw.solutions', 'www.gd3.gbw.solutions', 'www.gapbuster.com', 'www.xec.gapbuster.com', 'www.gapdynamics.gapbuster.com', 'www.gd2.gapbuster.com'), you are bound by the following Terms and Conditions of Use. Accordingly, you should review them in relation to all or any part(s) of the website.

Licence
By allowing you to access the websites, GAPbuster Worldwide grants to you a licence. By accessing the website, you accept these Terms and Conditions of Use of this licence. Pursuant to this licence and subject to the absolute right of GAPbuster Worldwide to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

  • View the material in the websites
  • Access material contained in the websites
  • Use the websites strictly in accordance with the provisions of this licence
  • Download and use any material contained in the website for a temporary purpose (such as viewing offline).

However, downloading material contained in the websites for reproduction by you or any other may only be done upon receipt of prior written consent from GAPbuster Worldwide, and upon payment of any fee required by GAPbuster Worldwide to be paid by you for that use.

User Obligations                     
You hereby undertake the following obligations:

  • To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the websites without the express consent of GAPbuster Worldwide, except as expressly authorised by this licence.
  • To ensure your employees, subcontractors and other agents (if any) who have authorised access to the websites is made aware of the Terms and Conditions of Use of this licence.
  • To not provide or otherwise make available any material in the websites in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of GAPbuster Worldwide.
  • To not use the material in the websites for, or in connection with, a service bureau operation.

Warranties
GAPbuster Worldwide does not warrant that the material in the websites is accurate, complete, or up to date. The existence of inaccurate, incomplete, or superseded material in the website will not cause GAPbuster Worldwide to be in breach of the Terms and Conditions of Use of this licence.

GAPbuster Worldwide reserves the right to change, add or remove any material in or from the websites without notice.

GAPbuster Worldwide does not warrant that the functions contained in the websites or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the websites 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 Worldwide for breach of any such implied term will be limited, at the option of GAPbuster Worldwide, to any one or more of the following:

  • 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 Worldwide 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 materials.

When deciding to visit the websites, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by GAPbuster Worldwide 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 Worldwide (which material may be out of date or superseded).

Intellectual Property Rights
You acknowledge that the material in the websites is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).

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 websites, except as otherwise expressly authorised by this licence.

Trademarks
GAPbuster Worldwide and all associated trademarks are trademarks of GAPbuster Limited and their related bodies corporate.

Subscription Services
Subscribers to services of the websites 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 Worldwide may immediately suspend or terminate a subscriber's subscription without notice.

Indemnity
You must indemnify and keep GAPbuster Worldwide indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which GAPbuster Worldwide 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 websites without the prior written consent of GAPbuster Worldwide and on terms satisfactory to GAPbuster Worldwide.

Disclaimer
You accept that GAPbuster Worldwide takes no responsibility for any error or omission relating to the material contained in the websites.

You accept that GAPbuster Worldwide makes no undertakings to provide access to the websites at any particular time, or for any particular length of time. You agree that GAPbuster Worldwide will not be held liable for any lapse in the websites accessibility or any consequences whatsoever that flow from the unavailability of the websites.

Terms of Licence
This licence commences upon your accessing the websites and is granted in perpetuity. However, GAPbuster Worldwide may terminate the licence without notice 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 websites that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by GAPbuster Worldwide.

Termination pursuant to this clause shall not affect any rights or remedies, which GAPbuster Worldwide may otherwise have under this licence or at law.

Amendments to this Licence
These are the current Terms and Conditions of Use of the licence.

GAPbuster Worldwide may at any time vary and amend these Terms and Conditions of Use of this licence by publishing the varied Terms and Conditions of Use on the websites. You accept that by doing this, GAPbuster Worldwide has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current Terms and Conditions of Use each time you visit the websites.

Waiver
Failure or neglect by GAPbuster Worldwide 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 Worldwide under this licence.

Jurisdiction
This licence shall be governed by and construed according to the laws of the state of Victoria, Australia.

Definitions
'GAPbuster Worldwide' means GAPbuster Limited, all of its related bodies corporate, GAPbuster Worldwide PLC and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

'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 Worldwide websites.