The functionality on this website is provided by Intech3 Pty Ltd. By using this website, you agree to be bound by the following terms and conditions:

1. Permitted Use

You agree to use the website solely for your own personal, non-commercial use and agree: (a) not to use the website in connection with commercial endeavours other than those endorsed or approved by Intech3 Pty Ltd; (b) not to use the website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist); (c) not to use the website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party; (d) not to upload or post to the website any audio, video, images, information, material or other content (“content”) of any kind other than of a personal nature, provided that you agree not to upload or post any content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter; (e) not to upload or post to the website any content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity; (f) not to upload or post to the website any content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law; (g) not to upload or post to the website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the website; (h) not to register for a user name and password or create an account to use the website for anyone other than yourself; and (i) not to impersonate any person or entity or falsely misrepresent yourself.

2. Use of Content

With respect to the web site, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the site that is not your user content. You agree that where required by law, Intech3 Pty Ltd shall be entitled to deliver or provide access to content uploaded or posted by you and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

 

3. Liability

With respect to the web site, to the extent permitted by law, we exclude all liability to you however arising under or in relation to the site or these terms and conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the web site or these terms and conditions.

 

4. Indemnities

With respect to the site, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the user content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these terms and conditions; or (c) to the extent permitted by law, your use of the site.

 

5. Privacy

You acknowledge that all personal information that we collect from you will be collected and handled in accordance with our privacy policy.

 

6. General

With respect to the site, these terms and conditions as well as your use of the site shall be governed by the law of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia and the Commonwealth of Australia. You may not assign or deal with the benefit of these terms and conditions without our prior written consent.

We may assign or deal with the benefit of these terms and conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These terms and conditions (together with the privacy policy and other documents linked to these terms and conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements and undertakings, whether verbal or in writing.

These terms may only be amended by us. If any provision of these terms and conditions is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these terms shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties.