Legal Notice

Copyright: This internet website (this "Site") is copyright Giaconda Ltd (“Giaconda”). This copyright notice applies to all text, images, software programs, databases and all literary, cinematographic, audio or other "works" as defined under the Copyright Act 1968 (Cth) published by Giaconda on this Internet site (this "Site"), but excludes any third-party software programs licensed by Giaconda for use on this site, which remain the property of their respective owners.

Intellectual Property. Unless otherwise noted, all product names and logos used within this site are the trade marks and/or service marks of Giaconda. All other unregistered and registered trademarks are the property of their respective owners. All other intellectual property rights of Giaconda in respect of any material contained on this Site are expressly reserved. With the exception of those rights set out below, nothing contained on the Site may be construed as granting you or any third party any licence or right to use any intellectual property contained within the Site without the written permission of Giaconda.

Use of this Site. You may download material displayed on the Site for personal or internal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not however distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes (other than internal purposes) without Giaconda's written permission.

No Warranties. Giaconda provides this Site and its contents on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this Site or its contents. To the extent allowable by law, Giaconda expressly disclaims all such representations and warranties, whether express or implied, including but not limited to warranties of merchantability for a particular purpose. In addition, Giaconda does not represent or warrant that the information contained on or accessible via this website is accurate, complete or current.

Forward-Looking Statements. This Site may contain forward-looking statements with respect to Giaconda’s financial condition, business strategies, competitive position, growth or strategic opportunities management objectives, and other matters. Statements on this Site that are not historical facts are “forward-looking statements”.

These forward-looking statements are necessarily estimates reflecting the best judgment of the senior management of Giaconda at the time the statement is made or published and involve a number of risks and uncertainties that could cause actual results to differ materially from those suggested by the forward-looking statements. As a consequence, these forward-looking statements should be considered in light of various important factors, including without limitation those set forth in such statements, any prior announcements made by Giaconda in relation to the subject matter contained therein, and any other information communicated by Giaconda to the market or otherwise in the public domain.

Giaconda undertakes no obligation to update publicly or release any revisions to any forwardlooking statements to reflect events or circumstances after the date of the materials in which such statements are contained or to reflect the occurrence of unanticipated events.

Use of this Site and the information published on it is at your own risk.

Limitation of Liability. To the extent allowable by law, Giaconda expressly excludes and disclaims all liability, loss or damage, howsoever arising, in relation to your use of this Site or reliance or use of any information contained therein.”

In no event will Giaconda or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any 66043078\051011 Internet legal notice.doc direct, special, incidental, indirect, or consequential damages arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.

Viruses, etc. Giaconda will take reasonable steps to ensure that the Site is “virus”-free, but assumes no responsibility and is not liable for any loss or damage of any nature whatsoever that you may suffer or incur in relation to any “virus”, “worm”, “trojan horse” or other form of destructive or unwanted software code that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any material from the Site or any linked websites.

Unaffiliated Products and Sites. Descriptions of, or references to, products, publications or sites not owned by Giaconda or its affiliates do not imply endorsement of that product, publication or site. Giaconda has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other site is at your own risk.

Communications with this Site. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Giaconda will fully cooperate with any law enforcement authorities or court order requesting or directing Giaconda to disclose the identity of or help identify or locate anyone posting any such information or materials.

Subject to any current privacy policy of Giaconda, any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Giaconda cannot prevent the "harvesting" of information from this Site, and you may be contacted by Giaconda or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Giaconda, may or may not be posted to this Site at the sole discretion of Giaconda and, subject to any current privacy policy of Giaconda, may be used by Giaconda or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Giaconda is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Although Giaconda may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site Giaconda is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such location on the Site. Giaconda assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Governing Law and Jurisdiction. These terms and conditions contained in this notice are governed by, and to be interpreted in accordance with, the laws of the State of New South Wales, Australia. Your use of the site must also be in accordance with the laws of the State of New South Wales. Any action relating to your use of the site must be instituted and prosecuted in the courts of competent jurisdiction in the State of New South Wales or any court having appellant jurisdiction from these courts.

Acceptance of these Terms. Your continuing use of the Site is deemed to be acceptance by you of the above terms and conditions of usage. If you do not accept these terms and conditions, you must immediately leave this site and destroy and copies of any material you may have downloaded from it.