Introduction
These terms and conditions apply to the use of this website, including participation in our discussion forums. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
Terminology
In these terms and conditions, the terms “we”, “us” and “our” are a reference to Resolve Software Group Pty Ltd.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Membership
In order to be able to post information in the discussion forum, you must become a member. To become a member, you must complete your registration details in the manner described on the website. Membership is free but non-transferable.
We reserve the right to terminate your membership at any time if you breach these terms and conditions.
Membership of the discussion forum is only open to you if you are 18 years old or over. If you are under 18 years of age you must not register as a member of the discussion forum.
Members' obligations
By registering as a member of our discussion forum, you agree to abide by the following terms and conditions:
- You acknowledge that any information or material submitted by you to the discussion forum is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
- When you submit material to the discussion forum, you assign all copyright which subsists in such material to us;
- You are responsible for protecting the confidentiality of your password;
- You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
- You agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members;
- You agree not to impersonate any other person;
- You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;
- You agree not to post or transmit any unsolicited advertising or promotional materials;
- Any material which you post may be removed by us from the discussion forum without notice at any time;
- You will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
- You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- You accept that any material or information provided by you may be posted in the discussion forum for any other members or guests to read;
- All information provided by us in our discussion forum is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
- We do not make any representations or warranties that the information we provide in the discussion forum is reliable, accurate or complete or that your access to the discussion forums will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the discussion forum;
- We do not accept any liability for the accuracy or content of any material posted by other members of the discussion forum. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
- We do not accept any responsibility or liability for any information or material which you submit to the discussion forum, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the discussion forum;
- We do not warrant that we will respond to questions or comments submitted by you to our discussion forums;
- If you download any material from the discussion forum, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
Disclaimer
1. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
(a) we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site;
(b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
(c) and except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services discussed, developed or supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
2. You acknowledge that:
(a) prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed itself of that opportunity; and
(b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
Specific warnings
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website 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 which arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the discussion forum facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members' obligations as set out in these terms and conditions or any content transmitted by a non-member.
We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.
You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
Responsibility for the content of advertisements appearing on this website (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.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, 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 this website; or
- Commercialise any information, products or services obtained from any part of this website, without our written permission.
Trademarks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- In or as the whole or part of your own trade marks;
- In connection with activities, products or services which are not ours;
- In a manner which may be confusing, misleading or deceptive;
- In a manner that disparages us or our information, products or services (including this website).
Intellectual Property Rights
All intellectual property right in 1) any content, ideas or any other material; and 2) any products and services, developed via or in connection with this website and will vest into us immediately upon creation.
Restricted use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
Links
In this website
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with 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, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
To this website
We give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this website (“materials”) and neither you nor any person permitted by you or subject to your directions or control who may be able to access any materials (“controlled persons”) shall exercise any such intellectual property rights, including the right to reproduce the materials or to communicate them to the public (including via any form of linking). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
- Ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
- Ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;
- Ensuring that anyone by whom your and their links to the materials may be used or disclosed are the same as those who may access the materials directly from this website;
- Ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from this website rather than via their links; and
- Being otherwise subject to our directions, including any take down, cease or desist directions.
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. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing law
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
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 any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.