CRITICAL INFO – WEBSITE TERMS OF USE

 

This website (Site) is operated by Critical Info (ABN: 73985618430) (we, our or us).  It is available at: criticalinfo.com.au and may be available through other addresses or channels.

 

Consent:

 

By accessing and/or using our Site, you agree to these terms of use (Terms) and our Privacy Policy, available on our Site. Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

 

Legal capacity to transact:

 

If you are under 18 years of age, you cannot place orders through this Site. By using this Site you represent and warrant to us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from their parents or guardians.

 

Variations:

 

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

 

Licence to use our Site:

 

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

 

Prohibited conduct:

 

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

2. using our Site to defame, harass, threaten, menace or offend any person;

3. interfering with any user using our Site;

4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site or create an excessively large load on our infrastructure;

5. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;

6. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;

7. use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;

8. in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

 

1. 1. infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

   2. using our Site to send unsolicited email messages; or

   3. facilitating or assisting a third party to do any of the above acts.

 

Exclusion of competitors:

 

You are prohibited from using our Site, including the Content, in any way that competes with our business.  

 

Violations of these Website Terms of Use:

 

Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:

temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide services to you if:

1. you breach any provision of these Website Terms of Use;
2. we are unable to verify or authenticate any information that you provide to us; or
3. we believe that your actions may cause damage and/or legal liability to us, any of its customers or suppliers or any other person; and
4. remove or block access to any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.

 

Information:

 

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

 

Intellectual Property rights:

 

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

1. copy or use, in whole or in part, any Content; 

2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

 

User Content:

 

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that: 

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

1. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

 

Third party sites:

 

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

 

Discontinuance:

 

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

Warranties and disclaimers:

 

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

1. our Site or on any third-party website referred or linked to our Site, is complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

2. our Site will be secure and access will be uninterrupted, error-free or free from viruses; or

3. the quality and substance of any services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations.

You read, use and act on our Site and the Content at your own risk.

To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Site and any services purchased or obtained through this Site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.

 

Limitation of liability:

 

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent, as a result of circumstances beyond our control (force majeure) (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

 

Remedies limited:

 

To the maximum extent permitted by law, we expressly limit our liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (at our sole discretion):

1. 1. the supply of the services again; or

• the payment of the cost of having the services supplied again.

 

Indemnity:

 

To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

Release:

 

You agree that your use of our Site is at your own discretion and risk. You agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of our Site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

 

Termination:

 

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

 

Disputes:

 

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Severance:

 

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Jurisdiction:

 

Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

For any questions and notices, please contact us at:

Critical Info (ABN: 73985618430)

Email: catherine.ashton@criticalinfo.com.au

Last update: 28 September 2023

Website Terms of Use provided by LegalVision.com.au and updated by White Cleland Lawyers.