Terms of Use

Terms of use relating you uploading material or information to our Website

This Website (referred to in these “terms of use” as the website) is owned and operated by [owner], who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.

  1. Uploading information

    You represent and warrant in relation to any material or information you provide to the Website that:

    1. you are authorised to provide the material or information;
    2. the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
    3. the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
    4. the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
    5. the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.

  2. Licence to use intellectual property

    By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:

    1. reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
    2. allow us to sub-licence others the same rights granted to us in clause 2.2(a) above.

  3. Removal of information

    In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

  4. Limit of liability

    We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:

    1. in relation to or in connection with any material or information supplied in respect of advertising on this Website; and
    2. as a consequence of removing any material or information from this Website.

  5. Indemnity

    You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

    1. any breach of these Terms of Use by you; and
    2. publication of or distribution of the material or information supplied by you.

  6. Use of personal information gathered

    1. We and any people or legal entities authorised by us may gather and process the personal information:
      1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
      2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
    2. We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).
    3. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.

  7. Intellectual property rights

    All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

  8. Relevant jurisdiction
    1. If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
    2. These Terms of Use will be governed by and interpreted in accordance with the law of the New South Wales of Australia, without giving effect to any principles of conflicts of laws.
    3. You agree to the exclusive jurisdiction of the courts of the New South Wales of Australia to determine any dispute arising out of these Terms of Use.
 
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