Use of the website
We do not promise you any of the following with respect to your use of the website that:
- you will have uninterrupted or error-free access to and use of the website, whether by the internet, WAP or any other method.
- the content of the website is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment in relation to any matter of that type.
- the website or any files available for downloading will be error free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through the website by an third party.
- there will not be any unauthorized access to or use of our secure servers which may result in your personal information being accessed.
- your internet or mobile service provider will allow you access to the website. You are responsible for ensuring your service provider will allow you access to the website and its content and for any costs and service fees associated with the access.
- your computer, mobile or other hardware devices will allow you access to the website. You are responsible for ensuring your devices will allow you access to the website and its content and for any costs and service fees associated with the access.
The website may provide links to websites and other online resources operated by third parties. You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party.
You must not use the website in a way which is excessive, unreasonable, unlawful, or harms or is likely to harm the integrity of the website or inhibits another user from accessing or using the website. What constitutes prohibited activity will be determined by us at our sole discretion. By way of guidance only, prohibited activity may include:
- making the website available to any third party.
- distributing or transmitting any part of the website (including its content) by any means.
- interfering with the operation of the website or use of the website by any other person.
- disproportionately consuming the resources of the website.
- attempting to use the website or access information on the website other than as intended and through the ordinary function of the website.
- attempting to circumvent any security or other limitations implemented on the website.
- uploading trojans, viruses, or other malware to the website.
- using or downloading content from the website by way of automated software.
- uploading to, or distributing through, the website, any material which constitutes, encourages, enables or facilitates (as determined by us at our sole discretion):
- hate speech.
- discrimination on the basis of gender, disability, religion, or ethnicity.
- defamation, harassment, or physical harm to any person.
- content or activities of a sexual or explicit nature, or
- any material or act which is illegal or morally questionable, or
- using the website in such a way that is likely to damage our brand and reputation.
Intellectual property rights
The intellectual property rights to the website and the material available therein are owned by or licensed to us.
You may use and reproduce the material available through the website, provided that you:
- keep the material confidential.
- do not modify any notices or marks of origin on the material.
- do not publish or distribute the material, and
- do not make any claim of ownership or exclusivity to the material.
Except as expressly provided above, you may not copy, reproduce, republish, distribute, or otherwise deal in any way with the website or any of the material available on the website without our prior written consent.
Third Party Providers
We may engage third parties from time to time perform or provide a service in connection with the website including hosting, data warehousing, email, or security services, or to provide a component or service required for a feature of the website.
Some features of the website may require you to use a service provided by a third party provider. Your use of any such feature is at your sole discretion. However, if you elect not to use that feature, you may not obtain the full benefit of the website.
You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any third party provider.
To the extent provided by law, the website and the content therein is provided “as-is”. We expressly disclaim all warranties or guarantees of any kind, whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade, including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title, or non-infringement.
We are not liable to you for any loss or damage arising, directly or indirectly, whether in contract, tort, statute, or otherwise, in respect of your use of the website (including any unavailability of the website) or any of the content therein, including, without limitation, loss of profit, loss of revenue, loss of contract value, loss of anticipated profit, loss of opportunity, loss of data, or any other special, indirect, or consequential loss.
You represent and warrant that you have made your own independent enquiries and satisfied yourself in the absence of any representation, guarantee, or warranty from us, prior to any use of or reliance upon the website or any content therein.
If our authorized representatives are unsuccessful in resolving the dispute within thirty (30) days of our receiving notice of the dispute, either of us may refer the dispute for mediation. The mediation will be held in Brisbane, Australia and the dispute will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each of us must bear our own costs of the mediation and bear equally the mediator’s costs, and are entitled to legal representation at the mediation.
You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with the foregoing dispute resolution process.
You acknowledge and agree that:
- where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions in order to protect our rights and you submit to whichever jurisdiction we consider appropriate for such dispute or claim.