CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY APPLY TO ALL OF OUR WEBSITE CONTENT, COPYRIGHT MATERIAL AND OTHER INFORMATION AND LINKS ON THIS WEBSITE (“MATERIAL”) AND SERVICES WHICH YOU (AS THE WEBSITE USER) CHOOSE TO ACCESS AND/OR PURCHASE A LICENSE FROM US (THE “WEBSITE OWNER”) TO USE. THESE TERMS AND CONDITIONS WILL FORM THE AGREEMENT BETWEEN US.
BY CONTINUING TO USE THIS WEBSITE, WHETHER OR NOT YOU CHOOSE TO PURCHASE A LICENSE TO USE ANY MATERIAL, YOU AUTOMATICALLY CONSENT AND AGREE TO BE BOUND AS THE USER OR BIND YOUR EMPLOYER/ORGANISATION AS THE USER THAT YOU WARRANT TO BE AUTHORISED TO REPRESENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR ORGANISATION OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT, DO NOT PROCEED.
IF YOU PROCEED, PLEASE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
On this page, ADITS means ADITS Pty Ltd ACN 155 540 604.
1. Copyright, Trade Mark, Database and other Intellectual Property Rights
- The entire contents of this website, including our domain names, icons, graphics, logos, layout and multimedia information (“Content”) as well as certain material which is available for licensing by you from this or any linked sites (“Material”) are the copyright of ADITS or such third party as will be named on the specific Material whether their material appears on our website or via a link to/from it (“Provider”).
- All trade marks and trade names which are denoted as owned by ADITS or Provider may only be used in direct association with the Material and our or Provider’s website as specified above. You undertake not to use such trade names or trade marks in association with or as part of your own or any 3rd parties’ trade names or marks nor in any manner which may be misleading, deceptive or disparaging to ADITS or any of our Providers.
- We assert our database rights, in addition to all other intellectual property rights and such similar rights worldwide to the Material and Content of this website.
2. Third Party Material, links and advertisements
Where we have linked to other websites this is merely for ease of reference and in no way recommends or endorses those parties, their websites or their content, products, opinions, advice (if any), relevance, updatedness, security or privacy. This also applies to any advertisements appearing on our website. In no circumstances shall we be liable or responsible for any such third parties or their website content, products or services.
3. Your Postings, Feedback or other Participatory material
Where there is a location or forum on the website where you are permitted to make or contribute any postings, feedback, opinions or other remarks you acknowledge that the same is in the public domain and not confidential and is not endorsed by us in any way. You undertake to comply strictly with the following:
- you will not make or post any material which is untrue, unlawful, offensive, derogatory, defamatory, vulgar, abusive, racist or in any way objectionable of which we shall be the sole judge;
- you will not make or post any material which infringes the copyright or other intellectual property rights in our Material or that of any other party nor transmit any unsolicited advertising or promotional material nor material which contains viruses, malware, spyware or the like.
- you will not post any personal data other than in strict compliance with all applicable data protection and privacy legislation, including but not limited to GDPR.
If we discover or are notified of any of the above, we, at our sole option and discretion shall have the right immediately and without notice, to remove such material without further enquiry and/or report the same to the appropriate law enforcement or other authorities and give them all necessary information to track and identify you and/or block your access to our site and/or take or participate in legal action against you either ourselves or with others.
4. Warranty Disclaimer
- EXCEPT AS OTHERWISE PROVIDED IN THIS CLAUSE, THIS WEBSITE AND THE MATERIAL ON IT IS PROVIDED BY ADITS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER ADITS NOR THE PROVIDERS MAKE ANY REPRESENTATIONS AND/ OR WARRANTIES OF ANY KIND.
- TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, ADITS AND/OR PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY THAT
- THE OPERATION OF THIS WEBSITE, ITS SERVERS, E-MAILS OR MATERIAL WHICH MAY BE SENT FROM US, ANY OF OUR PROVIDERS, THE WEBSITE OR LINKED WEBSITES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, PRIVATE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR UP-TO-DATE; OR
- THAT ANY INFORMATION, CONTENT, SERVICES, MATERIAL OR PRODUCTS FOR SALE OR LICENSE ON THIS WEBSITE WILL BE UP-TO-DATE, COMPLETE, APPROPRIATE OR RELEVANT TO YOUR USE OR PURPOSE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND MATERIAL IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK AND THAT YOU WILL USE YOUR OWN SKILL AND JUDGEMENT (OR OBTAIN THE SAME FROM AN APPROPRIATE PROFESSIONAL) IN THE PROPER USE AND APPLICABILITY OF THE MATERIAL FOR YOUR OWN PURPOSE.
5. Disclaimer of Liability
- Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADITS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER SPECIAL, DIRECT,INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, USE OF OUR WEBSITE OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THESE TERMS AND CONDITIONS OR THE USE THEREOF, EVEN IF ADITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- Absolute Cap on Liability. WHERE LIABILITY MAY NOT BE EXCLUDED UNDER THE APPLICABLE LAW BUT MAY BE LIMITED, THE MAXIMUM, AGGREGATE LIABILITY OF ADITS UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY MATERIAL, PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY THE [WEBSITE OWNER AND/OR THE PROVIDERS] UNDER THESE TERMS AND CONDITIONS WILL IN ANY EVENT TO THE AMOUNT PAID BY YOU TO THE [WEBSITE OWNER AND/OR PROVIDERS] UNDER THESE TERMS AND CONDITIONS FOR THE APPLICABLE MATERIAL, PRODUCTS AND/OR SERVICES (AND IF NO AMOUNT HAS BEEN PAID OR IS TO BE PAID TO THE [WEBSITE OWNER AND/OR PROVIDERS], THEN THE LIMIT SHALL BE $5,000,000).
- Basis of the Bargain; Failure of Essential Purpose. You acknowledge that ADITS has set its prices and entered into these Terms and Conditions in reliance upon the Warranty Disclaimer and Limitation of Liability set forth in these Terms and Conditions, and that the same form an essential basis of the bargain between the parties. The parties agree that the Limitation of Liability specified in these Terms and Conditions will survive and apply even if the Warranty Disclaimer or any limitation of remedies is found to have failed of its essential purpose. Notwithstanding the foregoing, nothing contained herein shall limit ADITS liability for its own wilful or wanton conduct.
- Notwithstanding any other provisions contained herein, where any Act of Parliament implies any term into these Terms and Conditions, and that Act avoids or prohibits provisions in a contract excluding or modifying such term, that term shall be deemed to be included in these Terms and Conditions, but the ADITS/Provider’s liability for breach of that term shall be limited in one or more of the ways (at the ADITS/Provider’s option) permitted by the Australian Consumer Law.
6. Force Majeure
Neither party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the either party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, plagues, pandemics such as the global disruption caused by Covid-19, similar health or welfare issues, explosion, sabotage, cyber security attack, accident, embargo, riot, acts of war (declared or undeclared), terrorism, civil commotion or lockdown, including acts, declarations or similar authoritative pronouncements by any local, national or international governments and/or parliamentary or other authorities; inability to supply the products, software, materials, breakdown of equipment, breakdown in distribution, transmission, telecommunication, electrical power, supply of any essentials or support; inability to pay for the same directly attributable to a force majeure event; labour or product shortages for any reason or labour disputes or disruptions of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties or any other employer).
8. Headings, Severability and Amendments
- The headings of these terms and conditions are inserted for convenience of reference only and are not intended to be part of or to affect their meaning or interpretation.
- If any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- We reserve the right to amend any of these terms and conditions at any time and post the same on our website. Each time you use the website, you accept the current version of the terms and conditions.
9. Applicable Law
The parties hereby agree that these terms and conditions and this Agreement shall be construed in accordance with the law in force in the State of Queensland, Australia. In terms of the enforceability of these terms and conditions and this Agreement, for the avoidance of doubt, these terms and conditions and this Agreement shall be deemed “in writing” and “accepted” by both parties.