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 Site. You can contact us through the ‘Contact Us’ section of the Site, or alternatively by:
Postal Address: 337 Christine Avenue
VARSITY LAKES QLD 4227
Phone: (07) 5610 1800
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1. Licence to use Site
1.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner for your own personal, non-commercial use.
1.3 You must not add any content to the Site:
(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 Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4 The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will 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 these Terms constitutes a transfer of any intellectual property rights from us to you. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
2.2 By posting or adding any content onto the Site, 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 also ensure that the third party also consents in the same manner.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
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.
You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause 1.3 of these Terms.
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 in relation to your use of the Site.
4.2 To the full extent permitted by law, 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) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(j) the payment of the cost of having the services supplied again.
5.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
5.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
6. Links to Third Party Websites
6.1 The Site may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
7.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
7.2 If a provision of these Terms 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 The Site is operated by an Australian entity and this Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.
7.5 We reserve the right, in our sole discretion, to modify the Terms for any reason by posting a revised version of the Terms on the Site. Modifications are effective when posted, and your use of the Site following any such posted modification constitutes your acceptance of the Terms as modified.
7.6 These Terms and Conditions are available in the language of the Site. The specific Terms under which you signify your agreement will not be individually stored by us.
7.7 If you do not agree with the Terms, please do not use the site.
7.8 Any rights not expressly granted herein are reserved.