- You understand and agree that all Content accessed or used by, or provided to, you through the Website includes the intellectual property of HAVAH or third parties from whom HAVAH may license that Content.
- You may not modify, rent, lease, loan, sell, distribute or create unoriginal works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by HAVAH or by the owners of that Content, in a separate agreement.
- Proprietary rights
- You acknowledge and agree that HAVAH owns, or is licensed to use, all legal right, title and interest in and to the Website, the Content. You further acknowledge that the Content may contain information which is designated by HAVAH as, or is by its nature, confidential and that you shall not disclose such information without HAVAH’s prior written consent.
- Unless you have been expressly authorised to do so in writing by HAVAH, you agree that, in using the Website, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
- You agree that, subject to your use of the Website and the Content in accordance with the limited licence granted to you, you will not infringe HAVAH’s intellectual property in the Website or the Content and will not modify, copy, republish, frame, mirror, distribute or communicate any part of the Website or the Content, or any information contained in them, or otherwise use the Website or the Content in a way which will infringe HAVAH’s or any third party’s intellectual property or other rights.
- Other than as may be provided by the Website, you may not use any data mining, screen scraping or similar software or other data gathering, analysis or extraction tools or processes on the Website, except with HAVAH’s prior written consent.
You must not use the Website:
- for any commercial purpose;
- in an unlawful manner or for any unlawful purpose;
- in any manner that could damage, disable overburden, compromise or impair or systems or security or interfere with other users.
Terminating your relationship with HAVAH
- Except as provided by law, the Website and the Content are provided “as is” and without any guarantee, warranty or condition, express or implied.
- HAVAH does not guarantee or warrant that the information contained in or accessible through the Website, or any Content, is accurate, suitable for your purposes or without errors, omissions or viruses.
- HAVAH does not guarantee continuous, uninterrupted or secure access to the Website or any Content.
- You acknowledge that access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of HAVAH’s control.
- HAVAH does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website or any Content.
- Subject to the provisions of the Competition and Consumer Act 2010 (Cth), HAVAH makes no guarantees, representations or warranties in respect of the information and materials available on the Website or in any Content or the means of accessing that information and material (including the software operating in connection with the Website).
- HAVAH makes no guarantee, warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than HAVAH which are or may become linked or framed to or from the Website.
Third Party Content and Websites
You acknowledge that the Website may contain links to the websites of third parties. You acknowledge that HAVAH provides links as a service only and is not responsible for, and provides no warranty or representation or accepts any liability in respect of, any third party websites. HAVAH has no control over third party websites and, accordingly, you access, use and/or rely upon the content of those websites at your own risk. HAVAH expressly disclaims any liability whatsoever in respect of any loss, damage, costs or liability you may suffer through the access to or use of third party websites.
Limitation of Liability
- the use of the Website or Content;
- the use by HAVAH of information provided by you to HAVAH through the Website or any Content; and
- being unable to access the Website for whatever reason and however arising, including (without limitation) negligence.
- HAVAH expressly limits its liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at HAVAH’s sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
- You shall be responsible for and indemnify and keep indemnified HAVAH and its directors, officers and employees from and against liability for all loss, including but not limited to direct loss, indirect loss, consequential loss, loss of profit, reputation or otherwise, damage or injury to persons or property caused wholly or in part by you or (if applicable) your employees or agents (including any loss, damage or injury which may be suffered by you or any of your employees, agents) arising directly or indirectly out of your access or use of the Website or any the Content.
You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of HAVAH.
HAVAH may change any of the Content or the Website at any time.
Choice of Law and Use of the Website
HAVAH has designed the Website and Content for use only withing the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website or any Content outside the Commonwealth of Australia. Access to the Content may not be legal by certain persons or in certain countries outside of the Commonwealth of Australia. If you access this site from outside the Commonwealth of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.