Terms and Conditions
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Important notices
These terms and conditions ("Terms and Conditions") apply to your use of this website ("Website").
By accessing this Website, posting or uploading anything on this Website, or making use of any information or other content available on this Website, you agree to these Terms and Conditions and our privacy policy available at Privacy Policy ("Privacy Policy") and enter into a legally binding agreement with The Industrialist Australia Pty Ltd ACN 630 416 223 ("we", "us" or "our") on the terms set out in these Terms and Conditions.
You should make your own independent inquiries and assessments with respect to any information or materials you obtain from this Website, and obtain independent professional advice.
The provision of information and materials through this Website does not constitute a recommendation or endorsement by us with respect to any business, service, property or other item for sale, employer, recruiter, job or applicant registered or advertised on this Website.
1. Prohibited Use
You must not:
(a) use or access the Website, or any content or material available on it, in any unlawful way or for any illegal purpose;
(b) sell or commercialise any information obtained from any part of the Website;
(c) knowingly transmit any virus, worm, trojan or other disabling feature or malicious code to or via the Website;
(d) data mine, “scrape”, or conduct automated searches of the Website or any content or material available on the Website, use any aggregating software in connection with the Website, or otherwise compile any document or database incorporating or based on material or information contained on or gained through the Website;
(e) modify, reverse engineer, disassemble or decompile any part of the Website, or any software used on the Website;
(f) use the Website, or any contact information obtained from the Website, to send any unsolicited commercial or bulk electronic messages;
(g) use the Website to impersonate another person or allow another person to impersonate you; or
(h) without our written permission, represent that this Website or the Services or other business conducted through the Website is associated or affiliated with any other website or business.
2. Termination, Suspension or Discontinuance of your use
(a) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) for any reason with or without notice.
(b) Subject to clause 13(b) and any agreement with you providing otherwise, you agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of this Website.
(c) In addition, we reserve the right to terminate your access to our Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our business or that of our Associated Entities and of our Website users as a whole.
3. Reliance upon and use of information
(a)We do not assume any duty of care in relation to this Website, or any information or material on or accessible from it.
(b)None of the information provided on the Website, or in respect of any Services, is in the nature of advice.
(c)We do not make any representations or warranties with respect to this Website, including, without limitation:
(i) that any information provided is complete, accurate, verified, audited, adequate, reliable, up-to-date or suitable for any particular purpose, or that reasonable care has been taken in compiling, preparing and posting such information and material;
(ii) that your access to the Website will be uninterrupted or timely; or
(iii) that you may use any materials or information on this Website without infringing any third party intellectual property rights.
(d) Your use of any materials or information provided on the Website is entirely at your own risk. You should make your own independent inquiries and assessments with respect to any information or materials you obtain from this Website, and obtain independent professional advice as to your own circumstances and any proposed use of any materials or information on this Website.
(e) Without limiting the above, the information on this Website has been developed in and for the Australian context, and we make no representations that the content and materials on the Website are appropriate for use in locations outside of Australia.
4. Intellectual Property in Website and Content
(a) Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us or our licensors (including third party content providers). Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these Terms and Conditions, you must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website.
(b) All of the trade marks on this Website, including the trade marks "The Industrialist", are our property or that of our third party licensors.
(c)You must not use any of our trade marks without our written permission.
(d)Without limitation, you agree that you will not use any of our trade marks:
(i)in or as the whole or part of your own branding, logos, trade marks or domain names;
(ii)on your website or in any marketing or promotional materials; or
(iii)in connection with any activities, products or services that are not ours.
(e)You must not use any content or material available as a result of your access to the Website in any way that infringes any third party intellectual property rights.
(f) You must not under any circumstances modify or copy the layout of the Website or any computer software or code contained in the Website.
(g) If you believe that your work has been used on this Website in a way that constitutes copyright infringement, please contact us immediately.
5. Content submitted to us
(a)By posting Material to the Website, you:
(i) grant us a non-exclusive, world-wide, perpetual, transferable, irrevocable and royalty-free licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display any of the Material throughout the world on this Website and on affiliated websites and other media for the promotional, marketing and other business purposes of us and the Associated Entities, which licence includes the right to grant sub-licences;
(ii) warrant that you have the lawful right, including all necessary licences, rights, consents and permissions, to use and authorise us to use all trade mark, copyright or other proprietary rights in and to any and all such Material to enable publication and use of such Material in the manner contemplated by us and these Terms and Conditions;
(iii) warrant that we can use such Material as contemplated by these Terms and Conditions without infringing the intellectual property rights or other proprietary or privacy rights of any third party;
(iv) warrant that our publication and use of such Material as contemplated by these Terms and Conditions does not breach or infringe any law; and
(v) acknowledge that third parties will be accessing and using the Material and that we cannot and will not be responsible for the actions of any third parties in relation to the Material.
(d) Without limiting the generality of the foregoing, you understand and agree that (unless you and we agree otherwise) we may, or may permit third parties to, compile, re-edit, adapt or modify your Material, or create derivative works therefrom, either on a stand-alone basis or in combination with other video, written, audio, photographic or other submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period (including on any third party sites such as Facebook and other social media platforms).
(c) In furtherance of the foregoing and without limitation, you agree that you will not:
(i) submit Material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Material and to grant us all of the rights required under this clause 5;
(ii) publish falsehoods, misrepresentations or Material that is or may be misleading or deceptive that could damage us or any third party;
(iii) submit Material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
(iv) post advertisements or solicitations of business.
(d) We reserve the right to remove, block or not publish submitted Material without prior notice.
6. Linked Websites
(a)The Website may contain links to third party websites (Linked Websites). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
(b)We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure.
(c) We do not make any representations or warranties with respect to Linked Websites being free from computer viruses, or your ability to use any content or material posted on Linked Websites without infringing third party rights.
(d)Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, materials, products or services referred to or contained on Linked Websites.
7. Content Contributors
(a)We are not responsible for and do not necessarily hold the opinions expressed by our content contributors. Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone and not ours. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.
(b)You acknowledge that by providing you with the ability to view and distribute content through this Website, we are not undertaking any obligation or liability relating to the content.
(c)We do not undertake or assume any duty to monitor our Website for inappropriate or unlawful content.
(d)We and our Associated Entities, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
(e)Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials at any time in our sole discretion.
8. Violation of these Terms and Conditions
(a)You agree to indemnify and hold harmless us and our Associated Entities, and our and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder.
(b)We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
9. Information Disclosure on Court Order
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10. Variation
We may vary these Terms and Conditions at any time without providing you with notice. Changes will be effective immediately upon publication on the Website.
11. Privacy
(a) We will handle any of your personal information we collect as a consequence of your use of the Website in accordance with our Privacy Policy.
(b) You consent to us using and disclosing your personal information in accordance with our Privacy Policy.
12. Security of information
(a)Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us, or that this Website or any communications you receive through this Website is free from viruses, worms, trojans or other harmful code.
(b)Any information which you transmit to us, or via the Website, is transmitted at your own risk.
13. Advertising Conditions
(a)We as publishers reserve the right to edit, remove, block or not publish any content without notice, including but not limited to articles, property listings, banners, videos and images without giving any reason.
(b) We reserve the right to vary the placement and/or format of any content or advertisements across any of their portals and will not be liable for any costs, expenses, losses or damages.
(c) No refunds and or compensation are provided for the cancellation of any advertisement, subscription or campaign.
(d) By providing us with any content including but not limited to articles, property listings, banners, videos, electronic material or data for publication, the Advertiser warrants that the material complies with all relevant laws and regulations and does not breach the Trade Practices Act 1974, Copyright Act 1968, Fair Trading Act 1987, defamation, consumer protection and sale of goods.
(e) Without limiting the generally of the above, the Advertiser indemnifies us and our directors, employees and agents against all claims.
14. Disclaimer
(a)To the extent that you acquire services from us as a consumer within the meaning of the ACL, you may have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
(b) Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the ACL or any other statute where to do so would:
(i)contravene that statute; or
(ii)cause any of these Terms and Conditions to be void,
(c)Subject to paragraph (b), we do not accept responsibility for any direct or indirect losses, damages, costs and expenses or Consequential Loss, whether arising in contract, tort (including through negligence) or otherwise, which you may directly or indirectly suffer in connection with:
(i) your use of this Website;
(ii) any Linked Websites;
(iii) your use or reliance on information or materials contained on or accessed through this Website; or
(iv) any of our Services.
(d)Subject to paragraph (b), any condition or warranty which could otherwise be implied in connection with our Services, or this Website, is excluded.
(e) Subject to paragraph (b), where any of our Services are NOT acquired for personal, domestic or household use or consumption, any liability we do have for any personal injury, death, or indirect losses, damages, costs and expenses or Consequential Loss, whether arising in contract, tort (including through negligence) or otherwise, which you may directly or indirectly suffer in connection with the Services is limited to (at our election) one or more of the following:
(i)replacement of the relevant Services, or the supply of equivalent Services; or
(ii)the payment of the cost of replacing the relevant Services, or of acquiring equivalent Services.
15. No interference
(a)You must not, and you must not permit any other person to violate or attempt to violate any aspect of the security of the Website, including by:
(i) causing damage or unintended effect to any portion of the Website, or any software used on the Website;
(ii) accessing data unlawfully or without consent;
(iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(iv) attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; and
(v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b)You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include:
16. General
(a)The heading of each section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
(b) If any of these Terms and Conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
(c) If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
17. Governing Law
These Terms and Conditions and your use of the Website are governed by the laws in force in Victoria, Australia. By using the Website, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
18. Definitions
ACL means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth), as it may be amended or replaced from time to time.
Associate has the meaning given in the Corporations Act 2001 (Cth).
Associated Entities means:
(a) any one or more of our affiliates, third parties and associated entities;
(b) the Related Bodies Corporate and Associates of any of the entities.
Consequential Loss includes, without limitation:
(a)loss of profits;
(b)loss of revenue;
(c)loss of data;
(d)loss of use of data;
(e)loss of anticipated savings;
(d)lost production;
(e)loss of business;
(f)loss of the benefit of any contract or other agreement or arrangement;
(g)losses which do not arise naturally from a breach of contract in the usual course;
(h)death or personal injury;
(i)damage to health;
(j)damage to reputation; and
(k)legal costs.
Linked Websites has the meaning given to that term in clause 4 of these Terms and Conditions.
Material means information, including data, text, video, still images, audio and/or other material you submit through the Website.
Privacy Policy has the meaning given to it in the introductory section of these Terms and Conditions.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Services mean any services or goods offered for sale by us, or supplied or promoted by us.
we, us and our has the meaning given to it in the introductory section of these Terms and Conditions.
Website has the meaning given to it in the introductory section of these Terms and Conditions.
You and your are references to either a user of the Website, or a user or prospective user of our Services, as applicable in the relevant circumstances.
