By accessing or browsing the surgimago.com website “Website” you agree to these Terms and Conditions of use “Terms & Conditions”. Peter Adams-Shawn may update or change this Website including these Terms & Conditions from time to time without prior notice. You should regularly check these Terms & Conditions.

 

Copyright Information

All photographs and content on this site are the exclusive property of Peter Adams-Shawn and as such are protected under international copyright laws.

All photographs are not to be downloaded, reproduced, copied, stored, manipulated. projected, used or altered in any way, alone or with any other material, or by use of computer or other electronic means without the written permission of Peter Adams-Shawn. Use of any image as the basis for another photographic concept or illustration is a violation of copyright.

By entering this site you are agreeing to be bound by the terms of this agreement. entrance to the site is expressly on these conditions which embodies all of the understandings and obligations between the parties.

 

Links to external websites

(Those not owned by Peter Adams-Shawn)

This Website contains links to external websites. Peter Adams-Shawn makes no representation or warranty as to the accuracy, currency or any other aspect of the information on those linked sites. A link to another site should not be construed as an endorsement or recommendation by Peter Adams-Shawn of any information, goods or services on that other site.

Peter Adams-Shawn has no control over such sites. You acknowledge and agree that Peter Adams-Shawn shall not be responsible:

• For the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources;
• And or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Viruses

The Internet and the World Wide Web are unsecured public networks. You acknowledge and agree that (and will be responsible for any loss or damage caused by the following):

• Information sent to or from this online area may be intercepted, corrupted or modified by third parties;
• Files obtained from or through this online area may contain computer viruses or other defects.

 

Use of Website

You agree to not use the Website to:

• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, Peter Adams-Shawn or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
• Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
• Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• “Stalk” or otherwise harass another member or user of the Website;
• Collect or store personal data about other users, or members.

 

Submissions

By posting or submitting content to the Website, you grant Peter Adams-Shawn the right to use, reproduce, display, perform, adapt, modify, remove, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Peter Adams-Shawn will not infringe or violate the rights of any third party.

 

Limits and rules for services

You agree that Peter Adams-Shawn may establish limits and usage rules concerning use of any service offered on the Website.

Peter Adams-Shawn reserves the right, in his sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

Peter Adams-Shawn may also terminate or suspend your access for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Peter Adams-Shawn.

 

Contract formation

Nothing in this Website, including these Terms & Conditions, is to be construed as an offer to enter into a contract with Peter Adams-Shawn or a third party in relation to the provision of any goods and/or services. This Website and the goods and services displayed within it is an invitation to treat only and not an offer capable of acceptance.

Peter Adams-Shawn and any third parties advertising their goods or services on the Website, reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this Website, or an error in your order. There may be other reasons why Peter Adams-Shawn or a third party cannot fulfil you order. Therefore, your contract with Peter Adams-Shawn or the third party only comes into existence when Peter Adams-Shawn or the third party advises you that it has accepted your order.

Peter Adams-Shawn will endeavour to confirm your order within 1 business day.

Any dealings with third parties (including advertisers) included within the Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Peter Adams-Shawn shall not be responsible or liable for any part of any such dealings or promotions.

 

Information I collect

Peter Adams-Shawn collects personal information when you contact us and when you visit the website.

When you make an enquiry I may ask for business information such as contact details, address and details about your business.

Peter Adams-Shawn automatically collects and records information from our server logs from your browser. These include your IP address and the pages you request on the website.

 

Use of information

• To improve our services and maximise the effectiveness of the website.
• To carry out research.
• To contact you or your business in relation to Peter Adams-Shawn and other services that I provide.

 

Sharing and disclosure of information

Peter Adams-Shawn does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you’ve requested, when I have your permission, or under the following circumstances: I respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims; I believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms and conditions, or as otherwise required by law.

Peter Adams-Shawn may create and subsequently access cookies on your computer.

I reserve the right to disclose to third parties certain information contained in your provided information when believing in good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the terms and conditions.

Peter Adams-Shawn will only use Your Information in accordance with our Privacy Policy.

 

Disclaimer and Limitation of General Liability

General disclaimer

Peter Adams-Shawn uses diligent efforts to maintain the Website, but Peter Adams-Shawn is not responsible for any defects or failures associated with the Website or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Peter Adams-Shawn makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Website, including as to:

• The accuracy, currency, content, or quality of any such sites and information,
• Whether any search using the Website may locate unintended and objectionable content.

 

Disclaimer of warranties

Please note the following important disclaimers of warranties:

The Website is provided ‘as is’ and you use it at your sole risk Peter Adams-Shawn expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Without limitation, Peter Adams-Shawn makes no warranty that the Website will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Website will be accurate or reliable, or that the quality of any products, services, information, or other material obtained through the Website will meet your expectations.

Any material downloaded or otherwise obtained through the use of the Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

Disclaimer regarding merchants

The Website provides shopping services to help you locate and potentially purchase products from online and offline retailers. Peter Adams-Shawn does not, however, control these independent retailers and Peter Adams-Shawn does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.

When shopping by means of services provided by Peter Adams-Shawn you acknowledge and agree that Peter Adams-Shawn does not endorse any of the products or services “Merchandise” linked to from the Website, nor has Peter Adams-Shawn taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Peter Adams-Shawn or their own websites.

Peter Adams-Shawn expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. I advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

 

Liability

• At the date the information was placed on the Website the information was believed to be correct. However, Peter Adams-Shawn is not liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.
• Peter Adams-Shawn, its related bodies corporate or its employees, agents, representatives, suppliers, or contractors will not be liable for any damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind, arising out of or in connection with the use of this Website or any website with which it is linked.
• This clause does not modify or exclude any condition or warranty implied into the these Terms & Conditions or any liability imposed on Peter Adams-Shawn by any Australian law (including the Trade Practices Act) if to do so would contravene that law or make any part of this clause void.
• To the extent permitted by law, Peter Adams-Shawn excludes all conditions and warranties implied into these Terms & Conditions and limits its liability for breach of any implied condition or warranty that it cannot exclude to the greater of (at Peter Adams-Shawn’s option):
  • The replacement of any product purchased from Peter Adams-Shawn;
  • The purchase price paid by you to Peter Adams-Shawn for that product or service.

 

Indemnification

You agree to fully indemnify and hold Peter Adams-Shawn harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by Peter Adams-Shawn, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with a breach by you of these Terms & Conditions, your use of this Website, or the infringement by you of any intellectual property or other right of any person or entity.

 

Modification of Terms & Conditions

Peter Adams-Shawn reserves the right to change the Terms & Conditions, including but not limited to the charges associated with the use of the Website. You are responsible for regularly reviewing the Terms & Conditions and additional terms posted on the Website. Your continued use of the Website constitutes your agreement to the Terms & Conditions.

 

Waiver

Peter Adams-Shawn’s failure to exercise or enforce any one or more of its rights under these Terms & Conditions will not constitute a waiver of such rights unless such waiver is granted by Peter Adams-Shawn in writing.

 

Governing law

These Terms & Conditions will be governed and interpreted in accordance with the laws of Western Australia. In the event of a dispute out of or relating to these Terms & Conditions, or your use of or access to this Website, litigation must be brought in a State or Federal Court in Perth, Australia. By using this Website, you consent to the exclusive jurisdiction of those courts.

 

Averse construction

No provision of this agreement will be construed adversely against a party solely because that party was responsible for drafting that particular provision.

 

Relationship

These Terms & Conditions do not create a relationship of employment, agency or partnership between the parties.

 

Interpretation

In these Terms & Conditions, except where the context otherwise requires:

• The singular includes the plural and vice versa, and a gender includes other genders;
• Another grammatical form of a defined word or expression has a corresponding meaning;
• A reference to A$, $A, dollar or $ is to Australian currency;
• A reference to time is to Western Australia time;
• A reference to a party is to a party to this agreement, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
• A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
• A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
• A word or expression defined in the Corporations Act has the meaning given to it in the Corporations Act;
• The meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
• Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
• Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;
• A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it;
• Headings are for ease of reference only and do not affect interpretation.