Terms of Use


The access and use of this website is strictly under the following Terms and Conditions. Please read the following terms carefully to understand these conditions prior to using our site. Any changes to this policy will be posted on our website.

Acceptance of Terms of Use

By accessing and using this website you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this website. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this website, then you should NOT use the part of the website which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended at any time. Such amended Terms of Use shall be effective upon posting on this website. Please check the Terms of Use published on this website regularly to ensure that you are aware of all terms governing your use of this website. Other Silicon Bay websites may have their own terms of use which apply to such websites. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this website (the “Content”) or transactions concluded through this website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent the content or intent of such specific terms is inconsistent with the terms contained in these Terms of Use, such specific Terms will supersede these Terms of Use.

Silicon Bay reserves the right to make changes or updates with respect to or in the Content of the website or the format thereof at any time without notice. Silicon Bay reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

The Content has been compiled by Silicon Bay from a variety of sources. You may not attempt to “pass-off” any of the Content as your own work.

Disclaimer

ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION ON THIS WEBSITE, SILICON BAY ASSUMES NO RESPONSIBILITY THEREFORE. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. SILICON BAY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. SILICON BAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. SILICON BAY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY SILICON BAY ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR DATA RESULTING FROM YOUR ACCESS TO OR USE OF THE SILICON BAY WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SILICON BAY DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENT ON THE SILICON BAY WEBSITE. THE CONTENT AT THE SILICON BAY WEBSITE MAY BE OUT OF DATE, AND SILICON BAY MAKES NO COMMITMENT TO UPDATE THE CONTENT AT THE SILICON BAY WEBSITE.

Limitation of Liabilities

IN NO EVENT SHALL SILICON BAY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, EVEN IF SILICON BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST SILICON BAY PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO SILICON BAY IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

This website may provide links to other websites that are not under the control of Silicon Bay. If you link to another site, you leave the Silicon Bay website. If you decide to link to another site, you do so entirely at your own risk. Silicon Bay shall not be responsible in any way for the content of such other websites. Silicon Bay provides such links only as a convenience to the user of this website, and the inclusion of any link to any such websites does not imply endorsement by Silicon Bay of the content of such websites.

Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text, images and photographs) rest with Silicon Bay Limited, its suppliers, or their respective owners. All rights in the Content not expressly granted herein are reserved. Except as otherwise provided, the Content published on this website may be reproduced or distributed in unmodified form for personal non-commercial use only. If you are an employee, representative, or agent of a business or organisation, you may download one copy of the material displayed only for non-commercial internal use in your business or organisation. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Silicon Bay Limited is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Trademarks

The trademarks, service marks and logos (trademarks) of Silicon Bay and/or others used on the Silicon Bay website are the property of Silicon Bay Limited, its suppliers, or their respective owners. You may not use, and nothing contained on the Silicon Bay website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Silicon Bay website without the written permission of Silicon Bay Limited or the respective owner, which written permission may be expressed within the Silicon Bay website.

Website Availability

You acknowledge that temporary interruptions in the availability of the Silicon Bay website may occur from time to time as normal events. Under no circumstances will Silicon Bay or its suppliers be held liable for any damages due to such interruptions. The Silicon Bay website is made available internationally and may contain references to products, programs and services of Silicon Bay and/or its suppliers that are not available in your location. Such references do not imply or warrant that Silicon Bay or its suppliers intend to make available such products, programs or services in your location.

Contact with Silicon Bay

Except for orders for products provided through the Silicon Bay website and as specified in our Privacy Policy, all communications from you sent through or in connection with this website will be considered non-proprietary and non-confidential, and Silicon Bay will have no obligations of any kind to you respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, you are solely responsible for these communications and their legality under all applicable laws and regulations. Personal information provided or collected through or in connection with this website shall only be used in accordance with Silicon Bay’s Privacy Policy. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Silicon Bay website. Silicon Bay is not liable for any unauthorised use of any accounts you establish through the Silicon Bay website by you, your employees, agents or anyone else.

Software

Software made available for downloading from or through this website is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. SILICON BAY HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Monitoring

It is neither the policy nor a practice of Silicon Bay to review communications with the Silicon Bay website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, Silicon Bay reserves the right to review such communications but has no such obligation. Silicon Bay shall have no responsibility or liability for the content of any communications posted to the Silicon Bay website, nor for any errors or violations of any applicable laws or regulations. Silicon Bay will comply with court orders in any jurisdiction directing Silicon Bay to disclose the identity of anyone posting communications to the Silicon Bay website.

Jurisdiction

Silicon Bay makes no representation or warranty that any communications or Content on the Silicon Bay Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms of Use will remain in full force and effect.

Construction

Clause headings are for ease of reference only and do not affect construction. If any part of this Agreement shall be held to be void or unenforceable such part will be treated as severable leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable.

Agreement in English

This Agreement and all related documents shall be written and interpreted in the English language. These Conditions shall be governed by and construed in accordance with English Law, without regard to its principles of conflict of laws. Each party agrees to submit to the jurisdiction of the English courts in relation to any claim or matter arising under this Agreement.