COPY MONITORING AUSTRALIA

WEBSITE TERMS OF USE

1 Website Terms of Use

1.1 This website is owned and operated by Copy Monitoring Australia Pty Ltd (ABN 19 158 145 450) (“Copy Monitoring“, “we” or “us“).

1.2 “You” or “your” means a user of the website including, in the case of any minor, the minor’s parent or guardian.

1.3 These Website Terms of Use (“Website Terms”) set out the basis upon which we make this website available to you by whatever access means you elect to use. Your access to this website is subject to these Website Terms and any additional terms, notices and disclaimers which appear on this website.

1.4 Please read these Website Terms carefully. By using this website you will be deemed to have agreed to these Website Terms. If you do not agree to comply with these Website Terms please do not use the website.

1.5 We may change these Website Terms from time to time so please review them regularly. Your continued use of this website following those changes indicates your acceptance of those changes to our Website Terms.

2 Copyright

2.1 All rights (including intellectual property rights such as copyright) in this website, its content and design are owned or licensed by Copy Monitoring.

2.2 You may make a temporary copy of part or all of this website for the sole purpose of viewing it, and print a copy for personal use.

2.3 You must not otherwise reproduce, adapt, store, transmit, print, display, publish or create derivative works from any part of the content or design of this website except with Copy Monitoring’s prior written consent or as permitted by applicable copyright legislation.

3 Trade Marks

3.1 All trade marks, trade names, service marks and other product and service names and logos on this website are owned by or licensed to Copy Monitoring and are protected by applicable trade mark and copyright laws.

4 Usernames and passwords

4.1 We may require you to register a username and password to permit you to access certain sections of the website. You are responsible for maintaining the confidentiality and security of your username and password and all use or activity that occurs on your account, including unauthorised use or activity.

4.2 You must promptly notify Copy Monitoring if there is any unauthorised use of your username or password.

4.3 Copy Monitoring will not be responsible for any losses arising out of the unauthorised use of your username or password.

5 Accuracy, Completeness and Timeliness of Information

5.1 Copy Monitoring is not responsible if information made available on its website is not accurate, complete or current. The material on its website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

5.2 This website may contain certain historical information which may not necessarily be current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6 Discussion forum

6.1 Copy Monitoring does not endorse, nor is it responsible for, any opinion or recommendation posted on this website.  We strongly recommend that you exercise discretion and scepticism and that you obtain professional advice before relying on any posting. If you do rely on any information in a posting, you do so solely at your own risk.

7 Content that you submit to us

7.1 If you post content on this website, you grant us an irrevocable, perpetual, non-exclusive, fully-paid, sub-licensable worldwide licence to use that content for any purpose, including marketing and promotion of our products and services from time to time.  This includes a right to remove, modify, edit, crop, highlight and/or republish your content.   

7.2 To the extent required to enable us to exercise our rights under these terms, you consent to any act or omission that would otherwise infringe your moral rights (as defined in the Copyright Act 1968 (Cth)) in any content that you post on this website or otherwise provide to Copy Monitoring.

7.3 You must not defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, abuse, bully, trick, defraud or mislead other users.  You warrant that any content submitted by you does not infringe the intellectual property rights of any third party or constitute a misuse of any person’s confidential information.

7.4 Inappropriate content (as determined by us) is unwelcome and may be removed without notice.  Copy Monitoring will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting inappropriate content.

8 Linked Websites 

8.1 This website may contain links to third party websites which are hyperlinked to or from this website.  These websites are not under the control of Copy Monitoring and we are not responsible for the condition, the content or currency of linked websites.

8.2 The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Copy Monitoring of the websites or the products or services provided in them. Nor does Copy Monitoring endorse, approve or recommend the owners or operators of the linked websites.

8.3 You must not create or maintain any link from another website to this website without the prior written consent of Copy Monitoring.

9 Collection of information and privacy

9.1 Copy Monitoring may use “cookies” to make a record of your visit to this website and log your visit for statistical and business purposes. Such information may include your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous website visited and the type of browser used. Some of this information may be capable of personally identifying you. Please see the “Cookies” section below for more details.

9.2 Copy Monitoring may also require you to complete an electronic form on this website and in doing so require you to provide personal information.

9.3 Copy Monitoring will collect, store, use and disclose personal information in accordance with its privacy policy.

10 Security

10.1 Copy Monitoring uses security measures with the aim of making all information received from you secure against misuse, loss and unauthorised access, modification and disclosure. However, Copy Monitoring makes no warranty in respect of its security measures and is not responsible for any misuse, loss and unauthorised access, modification and disclosure of information provided by you to Copy Monitoring.

10.2 Your access to and use of this website is at your own risk.  The internet is not secure and Copy Monitoring cannot guarantee that the website will be available or fault or virus free.

10.3 Copy Monitoring is not liable to you or third parties if interference with or damage to your computer system occurs in connection with use of this website or any linked websites.

11 Cookies

11.1 This website uses “cookie” technology to assist in identifying registered users and delivering content specific to your interest. A cookie is a small data file that is stored in the computer’s hard drive the first time a computer visits a particular website.  A cookie will allow a web site to recognise the computer used to access the web site.  Information gathered through cookies may include the date and time of visits, the pages viewed, time spent at this website, and the websites visited just before and just after this website.

11.2 If you do not wish information to be gathered on a cookie you should disable the acceptance of cookies by your web browser. Your Internet Service Provider may be able to assist you with this. However, disabling cookies may affect the ability to use this website.

12 Online Store & Terms of Trade

12.1 If you intend to purchase goods and services from us via our online store:

 

a) You will need to register and create an account; and

b) You agree that our Terms of Trade will apply.

 

12.2 When registering and creating your account, you agree:

 

a) to provide accurate and complete information and to keep that information up to date;

b) to protect your username and password against misuse by others;

c) to promptly notify us of any misuse of your username and password or your account that you become aware of; and

d) that you have read, understood and agree to our Terms of Trade.

 

13 Liability

13.1 The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by Copy Monitoring of goods and services, which cannot be excluded, restricted or modified. Copy Monitoring does not exclude those rights.  All other terms and guarantees are excluded.

13.2 Your access to and use of this website is at your own risk. To the maximum extent permitted by law and without limiting clause 13.1:

 

a) this website is provided on an ‘as is’ basis and Copy Monitoring does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the website, including the correctness, accuracy, reliability, completeness or currency of the website or that security of the website will not be breached;

b) Copy Monitoring disclaims all warranties and guarantees that the website and its content or any linked websites:

 

i. will be free from errors, interruptions to the use of the website, viruses, worms, Trojan horses, bugs or similar components;

ii. will not interfere with or damage your computer systems; or

iii. will not infringe the intellectual property rights of third parties; and

 

c) Copy Monitoring will not be liable for any direct, indirect, incidental, consequential, special or exemplary damages, losses, costs or expenses or lost profit, resulting from any use or misuse of this website or the information contained on this website.

 

13.3 To the maximum extent permitted by law, Copy Monitoring’s liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of Copy Monitoring to:

 

a) in the case of services supplied or offered by Copy Monitoring, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, resupplying or paying the cost of resupplying the service; or

b) in the case of goods supplied or offered by Copy Monitoring, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, replacing, supplying equivalent, repairing or paying the cost of replacing, supplying equivalent, repairing goods.

 

13.4 Copy Monitoring will not be liable for any loss of profit or for any direct, special, indirect, consequential or economic loss or damage.

14 Governing Law

14.1 This website’s server is hosted in the State of New South Wales, Australia. These Website Terms are governed by the law applicable in NSW.

15 Enquiries

15.1 If you have any questions regarding these Website Terms please email us at  [email protected]