Terms and Conditions Agreement

Introduction
Acceptable Use of the Service
Termination
Client Liabilities and Indemnification
Disclaimer of Warranty
Limitations of Liability
Copyright
Notification
Agreement

1. Introduction

Welcome to the Opalsinformation website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Bolda’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website.

This Terms of Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your membership subscription, information and other products or services provided by Bolda Pty Ltd – ABN: 58 123 360 510 (the “Services”).
As used in this Agreement, “Provider” means Bolda Pty Ltd trading as Opalsinformation and “Client”, “you”, or “your” means you.

By using this website, you acknowledge that you have read the Agreement, and you agree to its terms and conditions. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Opalsinformation Site” refers to the Site located at the URL http://www.opalsinformation.com, or any other successor Sites owned or maintained by Bolda.

2. Acceptable Use of the Service

Bolda provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Bolda server in connection with Client’s use of the Services which (but are not limited to):

Violate any state, federal or foreign laws or regulations
Infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Bolda or any third party
Are defamatory, slanderous or trade libellous, threatening or harassing content of any type
File sharing music, software, bit torrents, video or pictures that contains copyright
Proxy server software (any type) used to hide users IP or cache content
Are discriminatory based on gender, race, age or promotes hate
Contain any type of pornography or illegal drugs or substances
Violate any Bolda policy posted on the Opalsinformation Site including, but not limited to, our Acceptable Use and Privacy Policy
Contain viruses or other computer programming defects which result in damage to Bolda, it’s servers or any third party

Spam Policy

Client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 500 recipients) advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices using Opalsinformation or other infrastructure, or otherwise, that mentions or reference any domain managed by Bolda.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Software Updates

The client agrees that applications and scripts installed or uploaded are the responsibility of the client and must be kept up-to-date. Failure to do so may expose our servers to possible exploits and costs to restore services may be recovered from the client of the site initially affected.

3. Termination

Bolda reserves the right to refuse service to anyone. Bolda, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behaviour by a third party using the Services, please contact [email protected]

4. Client Liabilities and Indemnification

The parties agree that in no event shall Bolda be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Bolda from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.

5. Disclaimer of Warranty

The services, the Opalsinformation site, including without limitation, all products and services displayed or offered on the Opalsinformation site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. Bolda disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing.

Neither Bolda nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Without limiting the generality of the foregoing, Bolda specifically disclaims any warranty that:

The services will be uninterrupted or error-free
Defects will be corrected as soon as possible
There are no viruses or other harmful components
The security methods employed will be sufficient

6. Limitations of Liability

In no event shall Bolda be liable for damages resulting from loss of data, profits, use of the contents of the Opalsinformation site or any Bolda products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder.

In no event shall Bolda’s cumulative liability exceed an amount greater than one hundred dollars ($100.00).

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Nothing on this website constitutes, or is meant to constitute advice of any kind.

7. Copyright

Unless otherwise stated, Bolda and/or its licensors own the intellectual property rights in the Opalsinformation Site. All rights are reserved to the material, including images, movies and articles appearing on the Opalsinformation site. Reproduction of any of these items is subject to permission granted by Bolda. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

The Opalsinformation Site contains material which is owned by or licensed to the provider or its associates. All trademarks reproduced in this website, which are not the property of, or licensed to the provider, are acknowledged on the website.

Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Unauthorised use of this website may give rise to a claim for damages and could result in a criminal conviction.

8. Notification

Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If posting correspondence to Bolda please use the following address details:

Bolda Pty Ltd
Opalsinformation
PO Box 2242
Noosa Heads, QLD, 4567
Australia

9. Agreement

Severability

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

Assignment

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Bolda. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.

Variation

This Agreement and Bolda’s policies are subject to change by Bolda without notice. Continued usage of the Services after a change to this Agreement by Bolda or after a new policy is implemented and posted on the Opalsinformation Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Opalsinformation Site for any changes or additions.