For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us at firstname.lastname@example.org.
By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
1. LICENCE TO USE WEBSITE
- 1.1. We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
- 1.2. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
- 1.3. If you register as a Subscriber on the Website, you are also bound by a separate Terms and Conditions of Subscription.
1.4. You must not add any content to the Website:
- (a) unless you hold all necessary rights, licences and consents to do so;
- (b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- (d) that would bring us, or the Website, into disrepute; or
- (e) that infringes the intellectual property or other rights of any person.
- 1.5. The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such links or any content available on any linked website.
- 1.6. You acknowledge and agree that:
- (a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
- (b) the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. INTELLECTUAL PROPERTY RIGHTS
- 2.1. Nothing in this Agreement constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we (or our nominee) own all intellectual property rights in the Website.
- 2.2. By posting or adding any content onto the Website or providing us with content to publish on the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- 2.3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party also consents in the same manner.
- 2.4. The licence in clause 2.2 will survive any termination of this Agreement.
- 2.5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
- 2.6. The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the Website is protected by copyright and other intellectual property laws.
- 3.1. You represent and warrant to us that you have the legal capacity to enter into this Agreement.
- 3.2. The Website is provided by us on an “as is” basis without express or implied warranty of any kind.
3.3. We do not warrant:
- (a) that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses or other harmful components.
- (b) anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any content, information or material on or accessible through the Website.
- 4.1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- 4.2. To the full extent permitted by law, we make no warranties in relation to the content of the Website, completeness of search results, safety, suitability, quality or legality of any content, information or material on the Website and we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- (a) the supply of the services again; or
- (b) the payment of the cost of having the services supplied again.
- 4.4. You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the Website or the content, information or material on or accessible though the Website.
- 5.1. This Agreement terminates automatically if, for any reason, we cease to operate the Website.
- 5.2. We may otherwise terminate this Agreement immediately, on notice to you, if you have breached these Terms in any way.
- 6.1. You agree to indemnify, defend and hold harmless us from any and all claims, liability, loss, damages, costs and expenses arising as a result of or in connection with your use of the Website or your failure to comply with these Terms or from your violation of any applicable law.
- 7.1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under this Agreement.
- 7.2. If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- 7.3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- 7.4. This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.