Dated 1st June 2009.
In these terms and conditions, “we” “us”
and “our” refers to Commercial Monitors Pty
Ltd. Your access to and use of all content
on this website is provided subject to the
following terms and conditions. We
reserve the right to amend this notice at
any time and your use of the website
following any amendments will represent your
agreement to be bound by these terms and
conditions as amended. We therefore
recommend that each time you access our
website you read these terms and conditions.
Registered Users
1. In
order to access the services provided on
this website, you must become a registered
user. You must complete registration by
providing certain information as set out on
our membership/registration page. Please
refer to our Privacy Policy linked on our
home page for information relating to our
collection, storage and use of the details
you provide on registration.
2. You
agree to ensure that your registration
details are true and accurate at all times
and you undertake to update your
registration details from time to time when
they change.
3. On
registration, we provide
you with a
password and account log in name. On
registration you agree to pay for our
services as set out on our website or in a
Subscriber Agreement.
4. We
reserve the right to terminate your
registration or
Subscriber Agreement
at any time if you breach
these terms and conditions.
Our Website Services
5. Our
services are provided to adults over the age
of eighteen (18) years. By proceeding to
purchase through our website, you
acknowledge that you are over 18 years of
age.
6. All
prices are in Australian Dollars (AUD) and
are exclusive of GST. We endeavour to
ensure that our price list is current. Our
price list can be accessed from our office
or online once a registered user has logged
into the service and we reserve the right to
amend our prices at any time. If you have
placed an order, we reserve the right to
cancel your order should our prices change.
Site Access
7. When
you visit our website, we give you a limited
non-exclusive licence to access and use our
information for personal or commercial use
only.
8. You
are permitted to download a copy of our
information on this website to your computer
for commercial use only provided that you do
not delete or change any content, copyright
symbol, trade mark or other proprietary
notice. Your use of our content in any
other way infringes our intellectual
property rights and may be in breach of
third party intellectual property.
Please
refer to the Copyright Statement on our home
page for information relating to copyright.
9. Except
as permitted under the Copyright
Act 1968 (Cth), you are not permitted to
copy, reproduce, republish, distribute or
display any of the information on this
website without
our prior written permission.
10. The
licence to access and use the information on
our website does not include the right to
use any data mining robots or other
extraction tools. The licence also does not
permit you to metatag or mirror our website
without our prior written permission. We
reserve the right to serve you with notice
if we become aware of your metatagging or
mirroring of our website.
Content
11. The
copyright in the information provided
through the services and website is either
owned by or licensed to Commercial Monitors
Pty Ltd. You may not use this information
for any purpose or in any medium or format
unless you are a valid registered user or
your organisation has a valid Subscriber
Agreement in place with us and strictly
adhere to the terms of such agreement.
12.
For the avoidance of doubt, any information
contained in the service and the website
(including, without limitation, edited or
rewritten versions of this information) can
not be republished, redistributed or
disseminated in any form without our written
permission. The above prohibitions include
framing, linking, posting to newsgroups,
blogs or social media websites and any other
form of copying.
13. Unless
otherwise stated, Commercial Monitors Pty
Ltd reserves all copyright in the content
and design of the website and the
information contained in the Service, or it
uses it under licence or applicable law.
Hyperlinks
14. This
website may from time to time contain
hyperlinks to other websites. Such links
are provided for convenience only and we
take no responsibility for the content and
maintenance of or privacy compliance by any
linked website. Any hyperlink on our
website to another website does not imply
our endorsement, support, or sponsorship of
the operator of that website nor of the
information and/or products which they
provide.
15. You
may link our website without our consent.
Any such linking will be entirely your
responsibility and at your expense. By
linking, you must not alter any of our
website's contents including any
intellectual property notices and you must
not frame or reformat any of our pages,
files, images, text or other materials.
Intellectual Property Rights
16. The
copyright to all content on this website
including applets, graphics, images, layouts
and text belongs to us or we have a licence
to use those materials.
17. All
trade marks, brands and logos generally
identified either with the symbols TM or ®
which are used on this website are either
owned by us or we have a licence to use
them. Your access to our website does not
license you to use those marks in any
commercial way without our prior written
permission.
18. Any
comment, feedback, idea or suggestion
(called “Comments”) which you provide to us
through this website becomes our property.
If in future we use your Comments in
promoting our website or in any other way,
we will not be liable for any similarities
which may appear from such use.
Furthermore, you agree that we are entitled
to use your Comments for any commercial or
non-commercial purpose without compensation
to you or to any other person who has
transmitted your Comments.
19. If
you provide us with Comments, you
acknowledge that you are responsible for the
content of such material including its
legality, originality and copyright.
Disclaimers
20. The
information we provide on this website is of
a general nature only without assuming a
duty of care. We are not providing
professional advice and you should obtain
professional or specialist advice that is
appropriate to your circumstances and we
give no warranty and accept no liability
should you use the information without
obtaining independent advice.
21. We
give no warranty that the information is
free from error or omission and you should
use your own care and skill when accessing
and using it. We are not liable for
errors, omissions in, delays or
interruptions to or cessation of service
through negligence or otherwise.
22. To
the extent permitted by law, any condition
or warranty which would otherwise be implied
into these terms and conditions is excluded.
23. We
take all due care in ensuring that our
website is free of any virus, worm, Trojan
horse and/or malware, however we are not
responsible for any damage to your computer
system which arises in connection with your
use of our website or any linked website.
24.
From time to time we may host third party
content on our website such as
advertisements and endorsements belonging to
other traders. Responsibility for the
content of such material rests with the
owner of that material and we are not
responsible for any errors or omissions in
such material.
Limitation of Liability
25. To
the full extent permitted by law, our
liability for breach of an implied warranty
or condition will not be greater than the
amount you paid to access our website under
the current subscription or Subscriber
Agreement.
Indemnity
26. By
accessing our website, you agree to
indemnify and hold us harmless from all
claims, actions, damages, costs and expenses
including legal fees arising from or in
connection with your use of our website.
Jurisdiction
27. These
terms and conditions are to be governed by
and construed in accordance with the laws of
Victoria and any claim made by either party
against the other which in any way arises
out of these terms and conditions will be
heard in Victoria and you agree to submit to
the jurisdiction of those Courts.
28. If
any provision in these terms and conditions
is invalid under any law the provision will
be limited, narrowed, construed or altered
as necessary to render it valid but only to
the extent necessary to achieve such
validity. If necessary the invalid
provision will be deleted from these terms
and conditions and the remaining provisions
will remain in full force and effect.
Privacy
29. We
undertake to take all due care with any
information including Comments which you may
provide to us when accessing our website.
However we do not warrant and cannot ensure
the security of any information which you
may provide to us. Information you transmit
to us is entirely at your own risk although
we undertake to take reasonable steps to
preserve such information in a secure
manner.
30. Our
compliance with privacy legislation is set
out in our separate Privacy Policy which may
be accessed from our home page.
