Terms of Service

Welcome to www.TowerOfPower.com.au (the “Site”) which is owned and operated by Tower of Power Pty Ltd (“Tower of Power”) ACN 132 529 214 ABN 27 132 529 214. By using or visiting the Site, you accept and agree to be bound by these Terms of Service (the “Agreement”). The Agreement includes the Privacy Policy and any notices regarding the Site or the service sent to you or posted on the Site. In addition you will also comply with any law applicable to the use of the Site. We may modify any terms or conditions at any time without prior notice. All such modifications will be effective upon posting on the site, and any use by you of the Site after such modifications will constitute your agreement to the modified terms. You should therefore regularly review these Terms of Service.

Please note that, third party features and services not provided by us may require you to agree to third party terms of service. Such terms of service vary from and are in addition to this Agreement. The Site contains links to other websites that are not controlled or owned by us and we assume zero responsibility for their content or practices.

Membership

Use of many features of the Site may require registering yourself as a member of the site (“you” or “Member”). If you are less than 13 years of age, you are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by its terms. Your membership will automatically deem to be void in case it is prohibited under any existing or new law.

During registration, you are required to provide accurate information about yourself that is current in all required fields. Should any of this information change after submitting it to us, you are required to update that information as soon as possible. If any information provided by you is found, or believed, under reasonable grounds, to be inaccurate, not current, or incomplete, we have the right terminate or suspend your account and refuse any and all current or future use of the Site. Members are solely responsible for keeping their password secure, ensuring the confidentiality passwords, and for all activities occurring under their username. You agree that you may not be allowed the use of a username, and directed to choose a different one, in case the username is deemed to be offensive, a trademark, or inappropriate for any other reason. Our decisions shall be final in this regard. You agree to notify us without delay of any unauthorized use of your account or any other breach of security. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to take every necessary precaution. You may, however, be liable for our losses or those of third parties due to such unauthorized use.

We have the right to terminate or suspend your account and refuse any and all current or future use of the Site.

Termination

This Agreement shall continue to be in full force and effect while you use the Site. You may cancel your membership at any time and for any reason by using the contact form and stating your cancellation. You agree that we may, when particular circumstances arise and without prior notice, immediately cancel your account, and/or access to the Site. Reasons for such cancellation shall comprise of, but not be limited to: (a) requests by law enforcement or other government agency (b) a request made by you (c) termination to the service (d) violations or breaches of the Terms of Service or other guidelines or bounded agreements, (e) unforeseen security or technical issues (f) an excessive interval of inactivity as deemed reasonable by us (g) fraudulent or illegal activities by you, and/or (h) failure to pay any fees owed by you for use of the Site.

Termination of your account includes removing your access to all or any part of the Site and/or barring of subsequent use of the Site. Further, you agree that all cancellations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any cancellation of your account or access to the Site. Please also note that some provisions of the Agreement will stay in effect once your membership is cancelled.

You acknowledge and agree that we may access and disclose your account information if need by law or in a good faith belief that such access or disclosure is reasonably necessary to: follow legal processes, reply to a request by you for customer service, or enforce the Terms of Service.

Fees

You acknowledge that we reserve the right to charge for use of the Site and to change its fees from time to time in its discretion. Such revision will be notified on the Site and will be effective from the month subsequent to the month in which it was modified. If we terminate your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Commercial Use

You agree to not make use of or initiate an automated system, including and without limitation, “spiders,” “robots,” and “offline readers” that access the Site in a way which sends more message requests to our servers in a given time interval than a human can send, within reason, in the same time interval by using a standard web browser. Notwithstanding the foregoing, the owners of public search engines like Google, Yahoo, and MSN, are given permission to implement spiders to scan materials from the website to make public indices of the content available. You agree to not use the services offered to you from the Site for any commercial solicitations.

Unauthorized and/or illegal use of the Site such as collecting personally identifiable information members for the purpose of sending unsolicited e-mail, or any other use not expressly permitted in this Agreement shall be looked into, and appropriate legal action will be undertaken, including and without limitation, civil, criminal, and injunctive redress. We follow a strict zero spam policy. Spamming may also violate some State and Federal Law and expose you to all action including cancellation of your membership. This will be without prejudice to any legal action that may be taken.

Content

The content on the Site – except service marks and trademarks owned by their respective owners – like articles, reports, and logos contained therein are owned by or licensed to us, and are subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. We reserve all rights not expressly granted in, and to, the Site and its content. If you print a copy or download a copy to your computer of the content for your personal use, you are required to keep all proprietary notices contained therein such as copyright notices.

You agree to not: (i) submit material that is copyrighted or otherwise subject to third party proprietary rights such as privacy rights, unless you are the owner of such rights or possess permission from the respective owner to post the material and to grant us all of the license rights granted herein (ii) submit material that is unlawful, harassing, or hateful, or is otherwise inappropriate (iii) act out another individual (iv) submit solicitations or advertisements of business (v) publish lies or misrepresentations that could potentially harm us or any third party.

Indemnity

You agree to indemnify and hold us and our affiliates, subsidiaries, agents, officers, or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your content, your use of the Site, your violation of the Agreement, your violation of any rights of another, or your connection to the Site, whether you are a registered user or not.

Limitation of Liability

THE SERVICE, AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. TOWER OF POWER EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS AND DISCLAIMERS POSSIBLY DO NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE IS COMPLETELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT THAT IS MORE THAN TWO HUNDRED AUSTRALIAN DOLLARS (AU$200.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall we be held liable for a delay, decline, or failure in performance resulting directly or indirectly from acts of nature, forces, or causes that are out of our reasonable control, including, without limitation, computer equipment failures, Internet failures, other equipment failures, electrical power failures, labor disputes, strikes, riots, civil disturbances, insurrections, shortages of labor or materials, fires, explosions, acts of God, governmental actions, war, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or variations in light, heat, or air conditioning.

Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the state of Queensland without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Queensland, Australia. If for any reason a Court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will remain in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

These Terms of Service constitute the entire agreement with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by us will be in force only when in writing and signed by us.

We may modify any terms or conditions at any time without prior notice. All such modifications will be effective upon posting on the Site, and any use by you of the Site after such modifications will constitute your agreement to the modified terms.