Rights Granted and Restrictions
Subject to this TOU, the TZ Group grants You a non-exclusive, non-transferable, personal, limited and revocable right solely to access, use and display the TZ Website and content and materials (collectively at times “Content”). The right granted is revocable without notice to You and subject to the sole discretion of the TZ Group. You shall not attempt to impair and/or interrupt operation of the TZ Website. You shall not modify the TZ Website and/or the Content. By viewing the TZ Website You agree to all other and additional terms and conditions displayed on the TZ Website as updated from time to time. You agree that You shall use the TZ Website for lawful purposes only and shall not post or transmit any information or material that breaches any laws or regulations, infringe a third party’s rights or is contrary to any standards or codes. You agree that You shall not use this website to post or transmit any information or material that is unlawful, threatening, defamatory, indecent, inflammatory or is contrary to general morals and customs that could give rise to civil or criminal proceedings. Unauthorized use of this website may give rise to a claim for damages and/or criminal proceedings against You.
TZ Group Disclaimer
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE TZ WEBSITE, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE TZ WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE ALL OF WHICH HAVE BEEN DISCLAIMED AND DISAVOWED BY THE TZ GROUP. ALTHOUGH THE TZ GROUP TAKES CARE TO ENSURE THE ACCURACY OF THE CONTENT OF THE WEBSITE, THE TZ GROUP DOES NOT WARRANT AND DISAVOWS ANY RESPONSIBILITY OR LIABILITY THAT THE WEBSITE WILL BE AVAILABLE, IS FREE OF ERRORS INCLUDING, BUT NOT LIMITED TO, TYPOGRAPHICAL, THAT THE WEBSITE AND CONTENT INCLUDING, WITHOUT LIMITATION, OTHER INFORMATION DISPLAYED OR DISTRIBUTED INCLUDING LINKED THROUGH THE TZ WEBSITE IS COMPLETE, ACCURATE AND ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT BY THE USE OF THE TZ WEBSITE, TOGETHER WITH ANY LINKED WEBSITE THAT ANY RELIANCE OR LACK OF RELIANCE ON ANY SUCH CONTENT, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK WHICH RISK YOU ASSUME FULLY AND COMPLETELY. THE TZ GROUP ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES THAT YOU MAY SUSTAIN BY REASON OF AND WITHOUT LIMITATION VIRUSES, MACRO VIRUSES, BUGS, AND TROJAN HORSES THAT MAY INFECT, IMPAIR, AND/OR DAMAGE YOUR COMPUTER EQUIPMENT, SOFTWARE OR OTHER PROPERTY AND/OR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE TZ WEBSITE (INCLUDING ANY BULLETIN BOARDS AND CHAT ROOMS), ACCESSING ANY THIRD PARTY WEBSITE LINKED FROM THE TZ WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE TZ WEBSITE AND ANY THIRD PARTY WEBSITE LINKED FROM THE TZ WEBSITE. YOU AGREE THAT YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR THE FOREGOING AND SHALL PROTECT YOUR COMPUTER EQUIPMENT, SYSTEMS, AND SOFTWARE BY INSTALLING AND MAINTAINING YOUR OWN SECURITY MECHANISMS, VIRUS SCANNERS, AND SYSTEM CHECKS.
Third Party Content
You acknowledge and agree that any and all information, statements, opinions, services or other information provided by third parties including, but not limited to, Third Party Websites and made available to You on the TZ Website (including, but not limited to, by linking) are managed and operated under their respective corporations, other entities and individuals. They are not under the control of the TZ Group. The TZ Group accepts no liability or responsibility for any losses that You may sustain by linking (to and from) any Third Party Websites. TZ Group furnishes the links to these Third Party Websites for Your convenience. The TZ Group does not endorse and makes no claim or representation regarding and without limitation, the quality, content, nature, completeness or reliability of the Third Party Websites.
Unsolicited Material Provided by You to TZ Group
The TZ Group does not want You to, and You should not, send any any ideas, concepts, know-how or techniques, confidential or proprietary information (collectively, “Unsolicited Material”) to TZ Group through our TZ Website or in any other manner whatsoever to the TZ Group unless specifically requested in writing by an authorized representative of the TZ Group. You agree that all Unsolicited Material furnished to the TZ Group shall be deemed not confidential or proprietary and in the public domain. By submitting Unsolicited Material to the TZ Group, You grant to TZ Group (or, if applicable, warrant that the owner of such Unsolicited Material has expressly granted to the TZ Group ) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others including for commercial purposes, economic gain and exploitation such Unsolicited Material (in whole or in part and for any purpose) worldwide and/or to incorporate it, without limitation in other products, services and works in any form, media, or technology now known or hereafter developed.
Limitation of Liability
Your use and browsing of the TZ Website and Content is at Your sole risk which risk You fully and completely assume. If You are dissatisfied for any reason with the TZ Website and/or Content and/or or with this TOU, Your sole and exclusive remedy is to discontinue using and browsing the TZ Website.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL THE TZ GROUP, TOGETHER WITH ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND/OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE TZ WEBSITE AND ITS CONTENT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED; LOST PROFITS; LOST DATA OR PROGRAMS; AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE CONTENT OR ALL SUCH SITES (INCLUDING BUT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO THIRD PARTY WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS/BUGS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER, SOFTWARE OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TZ GROUP IS NOT LIABLE FOR, ASSUMES NO RESPONSIBILITY FOR AND SHALL HAVE NO LIABILITY FOR ANY ACTS AND/OR OMISSIONS OF ANY USER OR OTHER THIRD PARTY.
If You use this TZ Website and such use requires setting up an account and/or password(s), You are solely responsible for maintaining the confidentiality of Your account and password(s) and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion. If You register on the TZ Website, You agree that any information You provide to us will be current, accurate and complete. Without waiver of the terms of this TOU, the TZ Group shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by the TZ Group or another a third party due to someone else using Your account and/or password either with or without Your knowledge. You agree to notify the TZ Group in writing immediately of any unauthorized use of Your account and/or password(s) or other breach of security.
TZ Group Email Alerts
TZ Group has made available Alerts, allowing visitors to the TZ Website to register and subscribe to receive information on the TZ Group via Email. During the process of subscribing and registering for Alerts, You will be required to give Us certain personal information such as Your name, address, email address, etc.. and Your preferences regarding the Alerts sent to You from Our website. When registering to receive Email Alerts, You are required to input some personal information so that the Alerts can be delivered to You. You are also required to nominate which Alerts You want to receive. You can change Your personal details and Email Alert preferences at any time by clicking on the Email Alerts link, logging in using Your username and password and then altering Your details as required.
When You visit this Site, or send us e-mails, You are communicating with us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the TZ Website. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically shall satisfy any legal and/or other requirement that such communication be in writing.
All copyrights on this TZ Website are the property of TZ Group or its affiliates. Except as expressly provided in this TOU, TZ Group does not grant any express or implied right, title or interest of any kind and/or nature whatsoever to You under and with respect to any and all copyrights for all such rights are reserved by TZ Group and/or its affiliates. The TZ Website, including, but not limited to, Content is copyrighted and protected by worldwide copyright laws and treaties. You agree to comply with all applicable copyright laws and treaties worldwide in Your use of the TZ Website and Content and to prevent any copying, reproduction, modification, distribution or transmission in violation thereof or of this TOU. You may display, copy, download and distribute Content available on the TZ Website for Your personal and non-commercial use so long as You do not modify the Content and You retain all copyright notices.
Trademarks and Service Marks
All trademarks, trade dress and service marks and their respective designs and/or logos on this TZ Website are trademarks or registered trademarks or service marks of TZ Group and/or its affiliates. TZ Group’s and its affiliate’s trademarks and/or trade dress and/or service marks may not be copied, imitated or used, in whole or in part, without the prior written permission of the TZ Group, which permission may be withheld in the sole discretion of the TZ Group. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of TZ Group or its affiliates, may not be copied, imitated, or used, in whole or in part, without the prior written permission of the TZ Group, which permission may be withheld in the sole discretion of the TZ Group. All other trademarks, registered trademarks, service marks, product names and company names or logos used in this TZ Website are the property of their respective owners. You may not use any trademarks, trade dress, service marks of the TZ Group or its affiliates, nor may You place any meta tags or any other “hidden text” utilizing the TZ Group’s or its affiliate’s names, trademarks, service marks or product names without our express written permission, which permission may be withheld in the sole discretion of the TZ Group.
Other Intellectual Property Rights
Without limiting the foregoing, images of people, places and/or products posted on this TZ Website are either the property of the TZ Group, its affiliates or are used herein with express permission to the TZ Group. Unless otherwise noted, all Content included on this website, including, without limitation, images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of TZ Group or its suppliers, partners or affiliates and is protected by United States and international copyright and other intellectual property laws. The compilation of this TZ Website is the exclusive property of TZ Group and is protected by and without limitation United States and international copyright and other intellectual property laws. Any unauthorized use of the website or Content is strictly prohibited and may violate intellectual property law including, but not by limitation, patent, copyright and trademark laws, service marks, trade secrets,and/or the laws of privacy, publicity, and/or laws, regulations and statutes. Any use of the Content on this TZ Website, except as otherwise expressly provided, is strictly prohibited without the prior written permission of the TZ Group, which permission may be withheld in the sole discretion of the TZ Group. For further information on how You may request authorization to use any materials or content on this website, please contact TZ Group at the “Contact Us” section of this website.
The information on this website should be considered general, public information and should, under no circumstances be construed as investment recommendations or advice. When making investment decisions, You should speak with a professional consultant of Your choice who has the ability to make decisions based on Your personal situation.
Your Indemnification of TZ Group
By reason of Your using and browsing of the TZ Website,You agree to indemnify Us and hold Us harmless from and against all demands, claims, damages, losses, actions, proceedings, judgments, costs and expenses (including legal fees and litigation expenses) arising from any breach by You of the breach of this TOU or Privacy Statement,Your access and/or use of the TZ Website or reliance on its Contents or information received through the TZ Website (including by linking) by Yourself or any person accessing any content through Your website or by use of Your account.
This TZ Website is designed for and intended for use by adults. If You are under 21, You may use this TZ Website only under the supervision of a parent or guardian. If You are a parent or legal guardian, You must monitor and supervise the use of this TZ Website by children, minors and others under Your care. You, as the parent or guardian agree to be responsible for their use of this website and to agree indemnify Us and hold Us harmless from all demands, claims, damages, losses, actions, proceedings, judgments, costs and expenses (including legal fees and litigation expenses) arising from the use of this website by such individuals under your supervision.
Changes and Termination
The TZ Website and all Content is subject to change including, but not limited to, Content, products, programs, services and prices (if any) without prior notice to You and at the sole discretion of the TZ Group. The TZ Group reserves the right from time to time, in its sole discretion, to change or modify the TOU. Such changes, modifications, additions, or deletions (collectively, “Changes”) to this TOU shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the TZ Website. Any use of the TZ Website after such Changes have been instituted shall be deemed to constitute acceptance without further action by You of such Changes. The TZ Group may also impose limits on certain features and services or restrict Your access to parts or all of the TZ Website without prior notice or liability to You. You warrant and represent that by utilizing the TZ Website that You shall, from time to time, view the TOU for purpose of ascertaining Changes. The TZ Group may, subject to its sole discretion, terminate, suspend or discontinue any aspect or part of the TZ Website without liability, including the availability of any features of the website, at any time and without prior notice to You. Notwithstanding any term of this TOU that may be to the contrary, We reserve the right, without notice or attendant liability, and in our sole discretion, to terminate Your right to use this website, and to block or prevent future access to and use of this TZ Website to You for any reason or no reason. However, such termination shall not in any manner affect the provisions, rights, and obligations set forth in this TOU which by their nature evidence such provisions shall survive such termination or must survive to give effect to such provisions including, but not limited to, all rights and remedies at law and at equity.
International Users and Choice of Law
The TZ Website is administered by the TZ Group from its offices within the United States of America. The TZ Group makes no representation that all products, services or programs are available in Your country or that Content published at this TZ Website are appropriate or available for use at other locations outside of the United States. Access to the TZ Website and its Content from territories where such access and/or Contents is or are illegal is strictly prohibited. You may not use the TZ Website or export any information or Content in violation of U. S. export laws and regulations and treaties. If You access this TZ Website from a location outside of the United States, You are responsible for compliance with all local laws.
Governing Law/Severability/Waiver etc.
This TOU shall be governed by the laws of the State of Illinois, without giving effect to its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision of this TOU to be unenforceable it will not affect the enforceability of the remainder of this TOU which shall continue and remain in full force and effect. This TOU, together with the Privacy Statement constitute the entire agreement between TZ Group and You with respect to Your use of the TZ Website and may only be amended in writing by an authorized representative of TZ the TZ Group. You agree by using the TZ Website that any claims and cause of action You may have with respect to and/or pertaining to and/or arising from Your use of the TZ Website and/or this TOU must be commenced within one (1) year after the claim or cause of action arises otherwise it is forever barred. You may not assign or transfer Your rights and/or or obligations arising under this TOU without the prior written permission of the TZ Group, which permission may be withheld in the sole discretion of the TZ Group. This TOU shall be binding upon Your heirs, legatees, executors and administrators. If We do not act in relation to a breach by You of this TOU, We do not waive our right to act with respect to a subsequent breach by You.
Reservation of Rights
Any rights not expressly granted in this TOU to You are reserved by the TZ Group.
If You have any questions or feedback regarding this TOU, please contact us at:
Level 11, 1 Chifley Square
Sydney NSW 2000
Phone: +61 2 9222 8890