Terms of Use

Welcome to the 538 PTY LTD, website ("538,"). 538, is operated by 538, ("we"). Your access to and use of 538, web site is subject to these terms, the 538, Privacy Statement, the 538, Copyright and Trade Mark Notice and any other terms contained on this web site ("Terms of Use"), whether or not you become a client of 538,.

1 What you must do

1.1 You must use 538, in a responsible manner.

2 What you must not do

2.1 You must not:

(a) use 538, for any activities or post or transmit to or via 538, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use 538, in a way or post to or transmit to or via 538, any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying 538,;
(c) use 538, to send unsolicited electronic mail messages to anyone;

(d) to make any fraudulent or speculative inquiries, bookings, reservations or requests using 538;
(e) use another's name, username or password without permission;

(f) post, or transmit via 538, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(g) tamper with, hinder the operation of or make unauthorised modifications to 538;

(h) knowingly transmit any virus or other disabling feature to 538; and
(i) attempt any of the above acts or permit another person to do any of the above acts.

3 Prices and products and services are subject to change.

3.1 All prices displayed and products and services offered to be supplied by 538, are subject to change without notice.

4 Security

4.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the 538, servers. We are not responsible for any information you may lose if the 538, servers terminate your browser session due to prolonged periods of inactivity between your browser and the 538, servers.

5 Indemnity

5.1 You indemnify us and our officers, employees, agents and related bodies from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of 538, web site by you or someone using your name and password.

6 Disclaimer and limitation of liability

6.1 TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES WILL BE LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU THROUGH USE OF 538, ANY FAILURE TO PROVIDE 538, INCLUDING A MESSAGING SERVICE, OR IN CONNECTION WITH ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED VIA 538.

6.2 To the extent permitted by law, all warranties, conditions and representations Protection Services, the availability of 538, for access and use, the products and services advertised, offered to be supplied or supplied via 538, and the information provided on 538, are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv)payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.

7 Use of your information and material

7.1 When you send us any feedback, contact forms, suggestions, ideas or other materials in relation to or via 538, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

8 Goods and Services Tax

8.1 If GST is imposed on any supply made by us through 538, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

9 Changes

9.1 We may vary any of these Terms of Use at any time. We will give notice of any variations to clients by email to the email address notified to us by the client. Your continued use after such notice will constitute acceptance of the variation.

10 Termination

10.1 If, in 538,'s reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to 538, and terminate the Terms of Use effective immediately.

If you have further concerns, please phone our office.
Australia: 1300 856 538
Or contact us at: support@538.com.au
© 538 PTY LTD Copyright, 2008. All rights reserved.