STRONG ROOM TECHNOLOGY PTY LTD – WEBSITE TERMS OF USE


GENERAL


These Terms of Use apply to the use of our website located at http://www.strongroom.org.au  (“Site”) (“Website Terms of Use”). In using our Site, you agree to be bound by these Website Terms of Use, as a legal agreement between us, Strong Room Technology Pty Ltd ABN 70 622 134 776 (“Strong Room” “us”, “we”, “our”), the owner and operator of the Site, and any associated products or services available on or acquired through the Site (“Services”), and you (“you”, “your” or “user(s)”), a user of the Site and/or Services (“Agreement”).


By using our Site or any Services you agree to be bound by these Website Terms of Use and our Privacy Policy. We may amend these Website Terms of Use or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in these Website Terms of Use or our Privacy Policy (or any subsequent amendments) you must cease using our Site and Services immediately.


USE OF OUR SITE: SPECIFIC WARNINGS


You must not access or use our Site (a) in a way that violates these Terms of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or any of your devices which arise in connection with your use of our Site or any linked website. Whilst we have no reason to believe that any information contained on the  Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Site updated. Responsibility for the content of advertisements appearing on our Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.


You also agree that your use of our Site is for personal non-commercial or informational use. You agree not to access, copy, or otherwise use our Site, including our intellectual property and trademarks, except as permitted under these Terms of Use or as otherwise authorised in writing by us.


Licence


When you access our Site, we grant you a personal, non-exclusive, revocable, limited licence. Use of our Service is subject to additional individual licence agreements subject to negotiation. You may not re-sell our Services anywhere else or use for any commercial purpose, share your licence to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Site or Service (“Licence”).


This Licence may be terminated if you violate any of these Terms of Use or our Privacy Policy. Additionally, this Licence may be terminated if you engage in any activities that may reasonably cause loss or damage to us if your activities in connection with the use of our Site or Services are in violation of any applicable laws. If you do not agree to the terms of this Licence you must not use or Site or Services. You may terminate this Licence at any time by notifying us or ceasing to use our Site.


USER ACCOUNTS


We may assign you a username/password and/or account information in order to enable you to access and use certain areas of a Site, or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use that Site in a manner consistent with these Terms of Use. We have no obligation to investigate the authorisation or source of any such access or use of our Site.


You are solely responsible for protecting the security and confidentiality of your Login. You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of Site security you may be aware of. You will be solely responsible for all access to and use of a Site by anyone using your Login whether or not such access to and use of our Site is actually authorized by you.


SERVICE CHANGES AND AVAILABILITY


We reserve the right to alter, update, or remove our Site or any of our Services at any time. We may modify our Site or Services for any security reason, in our discretion. We do not guarantee that our Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone.


COOKIES


We may use “cookies”; technology to store data on your computer and to track the demographics of users of our Site, using the functionality of your browser. Many websites do this because cookies allow the website publisher to do useful things like find out whether the computer has visited the website before.


You can modify your browser to prevent cookie use – but if you do this our service (and our Site) may not work properly. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to our Site.


In the course of serving advertisements to our Site (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third-party advertisers or ad servers is not subject to our Privacy Policy, but is subject to their own respective privacy policies.


COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licenced by us. Other than for the purposes of, and subject to the conditions prescribed


The design of our Site and Service along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:


adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site; or


commercialise any information, products or services obtained from any part of our Site, without our written permission.


We reserve all rights not expressly granted under these Terms of Use in and to our Site and Services.


By uploading, transmitting, posting or otherwise making available any material on a Site and any associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).


LINKING AND THIRD PARTY CONTENT


You must not frame, reformat, replicate or mirror any part of our Site or use any data mining robots or other extraction tools in relation to our Site, without our prior written authorisation.


You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site contents, including any intellectual property notices. At our request, you must immediately remove any link to our Site.


Our Site may contain links to or display the content of third parties (“Third Party Content”), including links to websites operated by other organisations and individuals (“Third Party Website”). Third Party Content and Third Party Website are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Website or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Website, you do so solely at your own risk.

SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.


DISCLAIMERS


Your use of our Site and use, licence or purchase of our Services is at your own risk. The information, materials, and Services provided on or through our Site are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services listed or purchased on or through our Site. Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Services, for product defects or failures, claims that are due to your use of our Services, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.


We cannot guarantee that any Services found on our Site will work as advertised, or that they will give you the desired results.


By accessing our Site or using our Services, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Site or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Site are hereby excluded. By accessing our Site or using our Services, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Site.


In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.


LIMITATION OF LIABILITY


Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Site or Services. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Site or Services be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Site or Services, any website linked to our Site or Services (including the materials, information or services contained on such Site) whether in contract or tort or regardless of being advised of the possibility of such damages.


In the event of any problem with our Site or any content, you agree that your sole remedy is to cease using the relevant Site. In the event of any problem with the Services or services that you have purchased on or through our Site, your remedies will be as prescribed by Australian Consumer Law.


For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.


If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Site are contingent on your agreement with this and all other sections of these Terms of Use. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Site or Services within the last six months, whichever is greater.


INDEMNITY


In addition to the other indemnities provided by you under these Terms of Use You agree to indemnify us  and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under  these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Site or Services by you or your officers, employees, agents, contractors or consultants.


PRIVACY AND CHILD PROTECTION


In addition to our obligations under the Privacy Act and Health Records Act, we also comply with all Australian Child Protection legislation to the extent applicable.


13.            MISCELLANEOUS


Variation and Waiver


A provision of or a right created by these Terms of Use cannot be waived except in writing signed by the party granting the waiver.  No variation to or amendment of these Terms of Use can be made without the consent in writing of all of the parties.


Approvals and Consents


Where any provision of these Terms of Use provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless these Terms of Use expressly provide otherwise


Entire Agreement


The agreement contained in these Terms of Use contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the parties with respect to the subject matter of these Terms of Use.


Relationship of Parties


Nothing in this these Terms of Use creates a partnership or joint venture between the parties, and no party can bind or pledge the credit of the other party.


Governing Law and Jurisdiction


The agreement contained in these Terms of Use is governed by and construed in all respects in accordance with the laws of the State of Victoria, Australia and the parties hereby submit to the exclusive jurisdiction of the courts of the said State of Victoria.


Assignment


You must not novate, assign or subcontract the agreement contained in these Terms of Use or any of its obligations herein without our prior written consent.


Force Majeure


You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.


Severability


In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in these Terms of Use will remain in force as though it had been entered into without that unenforceable provision being included in it.


LEGAL NOTICE AMENDMENTS


We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these Terms of Use and new additional information.


TERMINATION OF ACCESS


Access to our Site may be terminated at any time by us without notice. These Terms of Use will nevertheless survive any such termination.


STRONG ROOM TECHNOLOGY PTY LTD – WEBSITE TERMS OF USE