Terms And Conditions |
Terms of Use | Welcome to Our Website. These are Our Terms of Use for Our Website which you may access in several ways, including but not limited to mobile phones, the web, PDA’s, APIs, widgets and RSS feeds. You agree to be bound by these Terms of Use and acknowledge that they apply whenever you browse or otherwise access any content or data on the Website, regardless of the way you do so. These Terms of Use and our Privacy Policy form the contractual agreement which you enter upon access and use of our Website. Your use of and access to our Website constitutes your acceptance of Our Terms Of Use and any applicable conditions, as they exist at the time of use. Should you object to any of our Terms of Use or other conditions / notices on our Website, you must discontinue your use of our Website. We will not enter into any negotiations on the Terms of Use or other conditions / notices which apply to the use of our Website. We reserve the right to revise any or all of our Terms of Use or other conditions for our Website at any time, by publishing the new terms or conditions on our Website, which will take effect immediately upon publishing. If you use Our Website (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. |
1. Definitions | The following definitions apply to these Terms of Use:
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2. General - Reliance on Content | Much of the information on the Website is provided by third parties and is Third Party Content. Third Party Content does not represent Our Views and we have not independently verified the accuracy of Third Party Content. While we believe that these third parties are reliable sources of this information, we cannot ensure that Third Party Content and the information is always accurate, up-to-date or complete. We do not have a practice of monitoring Third Party Content and accordingly We do not endorse such content. We do not make any representation, either express or implied regarding Third Party Content. You rely on Third Party Content at your own risk. Nothing on this Website is intended to constitute professional legal, investment or real estate advice. You should independently confirm any information on this Website before acting on it, and seek professional advice from an appropriately qualified professional before making any decisions based on such information. Third Party Content may be subject to that third party’s terms and condition of use. Nothing on Our Website should be construed as granting any licence or right for you to use that content. All Content on our Website is provided to you on an “as is” and on an “as available” basis, and on the condition that you assume all responsibility for assessing the accuracy of the Content and rely on it at your own risk. All Content on or accessed via this Website may be amended at our sole discretion without notice to you. |
3. Third Party Products, Advertisements and Services | The Website includes:
The non-exercise of or delay in exercising a right by Us will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by Us in written notice signed by Us and provided to you. You must not use this Website for any purpose or in any way which is unlawful. We do not warrant that Content, hyperlinks, subdomains and other materials contained on our Website or associated with our Website will be accessible and available to you at all times. You are responsible for all fees and charges you incur when accessing and using the Website, including without limitation any charges levied by any internet service providers, telecommunications carriers and other third parties. Hyperlinks to, pointers to, or framed versions of, other websites that contain products and services provided by third parties; and advertisements, hyperlinks or pointers to advertisements which include embedded links. The third party sites are not related to Us, they do not form part of our Website and We have no control or interest in. We are not responsible for the content and accuracy of any Third Party Content, external content, external sites or advertisements. The inclusion of any links on Our Website does not indicate any form of endorsement of that third party or Third Party Content, the site or the products or services advertised by any third party. The providers of those services are individually identified when accessing any of those pages. You may need to obtain permission or a licence for you to use any such content which is linked or framed on the Website. The inclusion on the Website of any link to third party sites (including framed versions) and any Third Party Content does not indicate: We have included these links or framed websites for your convenience, and We hope that you find these products and services useful. You should be aware, however, that when you click any link and use these websites you are leaving the Website and dealing with a third party, even if that other website is displayed in a frame. When you leave our Website, you do so at your sole risk and we disclaim all liability for any direct or indirect loss or damage which may be suffered by you. Access to these products and services may be subject to certain terms and conditions, and the payment of fees as determined by the applicable third party. You should carefully review the information provided to you by these third parties before deciding to use their products and services, and prior to accepting any of their terms and conditions. We are not responsible for any products or services provided by these third parties, and any dealings you have with these third parties are solely between you and them, subject to their terms and conditions. |
4. Licence to use the content on the Website | You acknowledge that the Website and all related content is subject to Intellectual Property Rights. All Intellectual Property Rights in relation to this Website belongs to us or our licensors, affiliates, advertisers or third parties. Apart from fair dealing permitted by the Copyright Act 1968 (Cth), we grant you a limited, non-transferable licence to access and use the Website solely for your own personal, non-commercial purposes, provided that you do not modify the content in any way (including any copyright notice). You are not permitted to copy, or republish anything you find on the Website without the copyright or trademark owners’ written consent and permission, which may be on terms and conditions specified in their sole discretion. This licence to access and use the Website does not give you an interest in the Intellectual Property Rights. All content on this Website is protected by copyright and intellectual property laws. You must not do anything which interferes with or breaches those laws or the Intellectual Property Rights of any party. The logos of the Website are our intellectual property and we reserve our Intellectual Property Rights in relation to same. Trademarks and logos of third parties may be displayed on the Website from time to time, which are subject to that third party’s Intellectual Property Rights. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Website, without the express written permission of the relevant owner. You must obtain such written permission at your own cost. We (and/or our licensors, affiliates, advertiser and any applicable third parties) retain all right, title, and interest in and to the content on the Website (as applicable), and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, licence you to exercise any Intellectual Property Rights unless expressly stated. Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Website in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us if you wish to obtain such consent. Subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice. We can prevent your access by instituting technological barriers or reporting your conduct to any authority, entity or person as we deem appropriate. Furthermore, you agree to limit access to and use of this website's photographs and content to personal and internal use, and agree that you must not use any information obtained from the Website for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. |
5. Restrictions on Use | In accessing or using our Website you agree that you must not: |
6. Linking to this Website | We encourage you to provide links to this Website. While you may use the words of the title or url in the text of any such link, you must not:
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7. Content Uploaded onto the Website or Submitted by You | In relation to any Content uploaded by you to the Website, you warrant as follows:
You indemnify Us against any and all legal fees, damages, costs, liabilities and other expenses that may be incurred by Us as a result of a breach of the above warranty. When you submit Content to us in any format for inclusion on our Website or upload Content to the Website, you:
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8. Cyber Security | In particular, and without limiting the “Reliance on Content” clause 2 above, the warranties in clause 7 or the Warranties and Liability clause 9, while we endeavour to provide a convenient and functional Website, we: Cyber security is an ever-evolving issue and you must take precautions to protect yourself. We actively encourage vigilant and rigorous cyber security. We recommend that you at least do the following: grant us a non-exclusive licence in perpetuity to transmit, publish or otherwise use that content in our published materials and on our Website, now and in the future and to attribute you as the author/provider of that content, using the details you have provided to us; and
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9 . Warranties and Liability | All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use or the Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law. Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may the Competition and Consumer Act 2010 (CCA) and corresponding provisions of Australian state or territory legislation, which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances. If any term, condition or warranty is implied into these terms and conditions and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option: The use of the Website is at your sole risk and expense. We have no liability in relation to any Loss, you or any third party incur as a result of or arising from your access or use of the Website, or reliance on anything contained on the Website. We will not be liable to you, or any third party for any consequential, exemplary, incidental, indirect, punitive or special damages for any Loss, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use or the use of our Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to AUD$100.00 for any cause of action whatsoever and regardless of the form of the action. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability. You represent and warrant that:
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Indemnity | You agree to indemnify and hold us and all of our affiliates (and their officers, agents, partners and employees) harmless against any and all claims, Loss, liability, claim or demand (including reasonable legal fees) arising out of, or in connection with your use of and access to our Website not in accordance with these Terms of Use, or any Content contributed to the Website by you. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. You will undertake appropriate measures to ensure all devices used by you to access or use our Website (including all hardware and software) are free of malicious software, worms, viruses, Trojan Horses, defects, corrupted files or other programs or software that may damage the operation of any computer hardware or software so as to prevent infection of our servers in your use of the Website; Your use of our Website will always comply with these Terms of Use and any directions we give you in relation to your use of our Website; You will always keep your Login confidential and secure. |