TERMS AND PRIVACY
1. USING THE WEBSITE: SPECIFIC WARNINGS
We make our Programs available to you through our Website. When you use our Programs, we grant you a personal, non-exclusive, revocable, limited license to use the relevant Service and access our Website. This means you may not re-sell our Programs anywhere else or use for any commercial purpose, share your license to use our Programs with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service (“Licence”).
2. USER ACCOUNTS
You are solely responsible for protecting the security and confidentiality of your Login. You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of Website security you may be aware of. You will be solely responsible for all access to and use of a Website by anyone using your Login whether or not such access to and use of our Website is actually authorised by you.
3. WEBSITE SERVICE CHANGES AND AVAILABILITY
We reserve the right to alter, update, or remove any of our Website at any time. We may modify our Website for any security reason, in our discretion. We do not guarantee that our Website will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Website may do so. We reserve the right to terminate access for anyone.
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website; or
(b) commercialise any information, products or services obtained from any part of our Website, without our written permission.
By uploading, transmitting, posting or otherwise making available any material on a Website and any associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.
5. LINKING AND THIRD PARTY CONTENT
You must not frame, reformat, replicate or mirror any part of our Website or use any data mining robots or other extraction tools in relation to our Website, without our prior written authorisation.
You may link to our Website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website contents, including any intellectual property notices. At our request, you must immediately remove any link to our Website. Our Website may contain links to or display the content of third parties (“Third Party Content”), including links to Websites operated by other organisations and individuals (“Third Party Website”). Third Party Content and Third Party Website are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Website or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Website, you do so solely at your own risk.
6. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Your use of our Website and use or purchase of our Programs is at your own risk. The information, materials, and Programs provided on or through our Website are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Programs listed or purchased on or through our Website. Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Programs, for product defects or failures, claims that are due to your use of our Programs, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
We cannot guarantee that our Website will work as advertised, or that our Programs will give you the desired results.
By accessing our Website, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Website are hereby excluded. By accessing our Website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Website.
In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
8. LIMITATION OF LIABILITY
Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Website or Programs. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Website or Programs be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Website or Programs, any Website linked to our Website or Programs (including the materials, information or services contained on such Website) whether in contract or tort or regardless of being advised of the possibility of such damages.
In the event of any problem with our Website or any content, you agree that your sole remedy is to cease using the relevant Website. In the event of any problem with the Programs or services that you have purchased on or through our Website, your remedies will be as prescribed by Australian Consumer Law.
10. PRIVACY AND CHILD PROTECTION
In addition to our obligations under the Privacy Act 1993 (Cth) and Health Records Act 2001 (Vic), we also comply with all Australian Child Protection legislation to the extent applicable.
11. TERMINATION OF ACCESS
Variation and Waiver
A provision of or a right created by these Terms and Conditions cannot be waived except in writing signed by the party granting the waiver.
Approvals and Consents
Where any provision of these Terms and Conditions provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless these Terms and Conditions expressly provide otherwise.
The agreement contained in these Terms and Conditions contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the parties with respect to the subject matter of these Terms and Conditions.
Relationship of Parties
Nothing in this these Terms and Conditions creates a partnership or joint venture between the parties, and no party can bind or pledge the credit of the other party.
Governing Law and Jurisdiction
The agreement contained in these Terms and Conditions is governed by and construed in all respects in accordance with the laws of the State of Victoria, Australia and the parties hereby submit to the exclusive jurisdiction of the courts of the said State of Victoria.
You must not novate, assign or subcontract the agreement contained in these Terms and Conditions or any of its obligations herein without our prior written consent.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Legal Notice Amendments
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these Terms and Conditions and new additional information.
Last updated 14 November 2018