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Terms of use

Welcome to gamsatlab, a provider of online mock exams and other study resources for the Graduate Australian Medical School Admissions Test (GAMSAT). By accessing or using our website, online mock exams, and other products and services (collectively, "Services"), you agree to be bound by these terms of use (the "Terms"). If you do not agree to these Terms, you may not use our Services.

Use of Our Services

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services in any way that:

  • Violates any applicable local, state, national, or international law or regulation;
  • Infringes the rights of any third party, including but not limited to intellectual property, privacy, or publicity rights;
  • Interferes with the operation of our Services or disrupts the normal flow of communication;
  • Impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity;
  • Displays, uploads, or otherwise disseminates any inappropriate, offensive, or illegal content;
  • Sends unsolicited or unauthorized advertising or promotional materials; or
  • Attempts to gain unauthorized access to our Services or the information of other users;

We reserve the right to terminate or limit your access to our Services if we believe you have violated these Terms or engaged in any inappropriate or illegal activity.


Proprietary Rights

Our Services and all content and materials included on or within them, including but not limited to text, graphics, images, software, and trademarks, are the property of gamsatlab or our licensors and are protected by copyright and other intellectual property laws. You may not use any content or materials on our Services for any commercial purpose without the express written consent of gamsatlab.


Links to Other Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by gamsatlab. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that gamsatlab is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.


Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, gamsatlab DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. gamsatlab MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON OUR SERVICES OR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO OUR SERVICES.


Limitation of Liability

IN NO EVENT SHALL GAMSATLAB OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, OR DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, OR THE INABILITY TO USE OUR SERVICES, EVEN IF gamsatlab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GAMSATLAB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GAMSATLAB'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

This limitation of liability applies to all claims and damages of any kind, including but not limited to direct, indirect, incidental, punitive, and consequential damages.


Indemnification

You agree to indemnify and hold gamsatlab and our affiliates, and our and their officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Services, your violation of these Terms, or your violation of any rights of another.

This indemnification obligation will survive the termination of your use of our Services and these Terms.

You agree that you will not settle any indemnified claim without the prior written consent of gamsatlab. gamsatlab reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with gamsatlab in asserting any available defenses.


Governing law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law.

You agree that any legal action or proceeding arising out of or relating to these Terms or our Services shall be brought exclusively in the federal or state courts located in Victoria, Australia, and you hereby consent to the jurisdiction and venue of such courts.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This choice of law, forum, and limitation of time to bring a claim provision will not be affected by any change in the Services or these Terms.


Changes to the terms of use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes to these Terms, we will provide notice to you by posting the updated terms on our website or through other means.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using our Services.

The effective date of these Terms is 01/01/2022. Any changes made to these Terms will become effective on the date they are posted to our website.

Please review these Terms periodically for changes. If you have any questions about these Terms, please contact us.


Miscellaneous

These Terms constitute the entire agreement between you and gamsatlab regarding the use of our Services.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If we do not act to enforce a breach of these Terms, it does not mean that we have waived our right to do so in the future.

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of gamsatlab. gamsatlab may assign or transfer these Terms, in whole or in part, without your consent.

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and gamsatlab.

These Terms do not create any third-party beneficiary rights.

These Terms and any disputes arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising out of or relating to these Terms or our Services shall be brought exclusively in the federal or state courts located in Victoria, Australia, and you hereby consent to the jurisdiction and venue of such courts.