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TERMS OF USE

These Terms of Use apply to your use of this website with the URL address www.livewest.com.au (the “Website”). The Website is operated by Commercial & General which comprises Commercial & General ABN 14 600 978 103. By accessing or using this Website you agree to accept these Terms of Use. If you do not accept these Terms of Use you must not use this Website.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use, as amended.

In addition to the provisions of these Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

CONTENT, TRADEMARKS, COPYRIGHTS AND LINKING TO THIS WEBSITE

Unless otherwise indicated, all materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by Commercial and General. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

You acknowledge and agree that if you contribute to the Content of this Website, such Content:

  • is either owned by you or by a third party which has given you permission to contribute such Content to the Website;
  • will not contain any third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material; and
  • will become our property and you hereby assign, or will procure the assignment of, all rights, title and interests in and to such contributions to us.

Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”) will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purposes whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

LINKS TO OTHER WEBSITES

This Website may contain links and other pointers to external websites operated by third parties. Any such website is not under our control and we do not take any responsibility for the contents of any such site.

In particular, and to the extent permitted by law, Commercial & General makes no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through third party websites; or
  • that third party material does not infringe the intellectual property rights of any person. is not authorising the reproduction of third party material by linking material on this Website to any third party material.

You take sole responsibility for the use of any external website.

You must not create a link to this Website from another website or document without our prior written consent.

WARRANTIES AND DISCLAIMERS

The Content and this Website are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, Commercial & General disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. Commercial & General does not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware or software you are using to access it. You assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make representations regarding the use or the results of the use of this Website or its content in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The content of the Website may contain general information about Commercial & General’s products and services. Unless expressly stated otherwise, the content of the Website does not:

  • constitute an offer or inducement to enter into a legally binding contract;
  • form part of the terms and conditions for our products and services;
  • purport to provide you with personal, financial, taxation or investment advice of any kind; or
  • take into account of your particular financial position or requirements.

Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.

Your use of this Website including all Content is at your own risk. Before taking or refraining from any action in reliance on the Content or the Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content or the Website, including any information, predictions, opinions and statements contained in this Website.

INDEMNITY

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or related to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

GENERAL

Any part of these Terms of Use must be read down to the extent necessary to prevent that part or these Terms of Use being invalid, voidable or unenforceable in the circumstances. Despite that reading down, if a part of these Terms of Use is still invalid, voidable or unenforceable, and if the part would not be valid or voidable if a word or words were removed, then that word or those words will be deleted and the rest of these Terms of Use will continue to be fully enforceable.

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.

These Terms of Use are governed by and construed in accordance with the laws of South Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of South Australia.

Love WEST Photographic Competition.

  1. Employees of C&G, including staff contributors, its suppliers and agencies are not permitted to enter.
  2. The entrant grants C&G permission to reproduce the image on the LIVE West website and in material promoting the competition and the website.
  3. You must be a resident of Australia, with an Australian mailing address, to be eligible to win the prize.
  4. The image must have been created in the last 12 months.
  5. The entrant must be the creator of the image.
  6. The entrant must own the copyright of the image.
  7. Copyright of the image remains with the photographer.
  8. The entrant indemnifies C&G against any claim, legal or otherwise, that may arise out of publication of the image.
  9. By entering the photograph into this competition the entrant guarantees to C&G that the above entry requirements have been met.
  10. This is not a game of chance.
  11. The competition closes at 5:00pm Friday the 11th of September.
  12. The prize winner will be judged on the premises of the Commercial & General, Level 7, 2 King William St, Adelaide, SA 5000.
  13. The winner of the competition will be selected by the Director of Sales and Marketing. The Director’s decision is final and no further correspondence will be entered into.
  14. The prize cannot be bartered and is not redeemable for cash.