LEGAL INFORMATION – TERMS & CONDITIONS OF USE OF THIS WEBSITE
The information on this website (Site) is updated regularly. Information is provided by iimagine Pty Ltd ACN 110 396 944 (iimagine Pty Ltd/we/us/our) as a guide only and may have been provided to us by third parties. Irrespective of any measures taken by us to check that the information is accurate or complete, we are unable to guarantee to visitors to and users of this website (you/your) that the Site is free of errors or faults. In no event will we be liable to you or any person in contract, tort (including, but without limitation, negligence) or otherwise if any information on this site provided by third parties is incomplete, inaccurate, miss-descriptive or otherwise misleading.
We reserve the right to change information displayed on this Site (including these terms and conditions) at any time without notice to you.
Iimagine Pty Ltd uses a range of external party marketing and advertising programs to improve the online experience, including the display of relevant ads on external websites. Anyone can opt out of these programs at any time by emailing email@example.com
Any access to or use of this site by you as a user is entirely at your own risk and iimagine Pty Ltd will not be responsible for the propagation of computer worms or viruses transmitted from this Site.
THIRD PARTY INFORMATION
Through your access to and use of this Site and any services available through it, you accept that whilst iimagine Pty Ltd displays information provided by third-parties, iimagine Pty Ltd accepts no responsibility for any inaccuracy or miss-description in any such information supplied to us, nor any liability for the acts or omissions of those third-parties.
All maps, photographs, illustrations and computer-based graphics displayed on this Site are included for general illustrative purposes only and are not always accurately indicative of their related subject matter.
The Site may contain links to external sites. Those sites are not part of this Site and, unless otherwise expressly stated, are not under iimagine Pty Ltd’s control. No external site linked to this Site is endorsed by iimagine Pty Ltd and no responsibility is taken for material contained within them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify iimagine Pty Ltd against any liability arising out of your accessing any linked site.
We understand and appreciate that visitors to and users of this Site (you/your) are concerned about their privacy, confidentiality and security of any information that may be provided to us. We are committed to protecting user privacy, in compliance with the Australian Privacy Principles (APP). Further information about the APP and the application of the Privacy Act 1988 (Cth) can be found at the website of the Office of the Australian Information Commissioner at www.privacy.gov.au
• what personal information we may collect from you;
• how we manage the personal information that we collect, use and disclose;
• how to contact us if you:
- have any questions about our management of your personal information; or
- would like to access or correct the personal information we hold about you; or
- would like to lodge a complaint with us regarding our compliance with Privacy Laws.
As noted above, we acknowledge that you may click-through to third party sites from our Site. We cannot assume any responsibility for information and content of third party sites so we recommend that you refer to the individual privacy statements of the sites you visit.
All copyright, trademarks and all other intellectual property rights (IP Rights) in this Site and in the content (other than third party-provided content and/or content referenced and attributed to its copyright holder) displayed or available through this Site (our content) belong to iimagine Pty Ltd.
Access to this Site and our content is for your personal information only. Subject to applicable laws:
(a) unauthorised use of our content is strictly prohibited and may infringe our IP Rights; and
(b) none of our content may be reproduced, published or transmitted in any manner without our prior written consent.
Your use of this Site is permitted and accepted by us on the basis that you warrant that you will not:
(a) use any form of spyware or other software, program or device to record, copy, retain or access any information on this Site which is not purposefully made available to the public;
(b) commit nor assist in any acts that will have or are likely to have the effect of lessening the security, productivity or suitability of this Site;
(c) use this Site directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches these terms and conditions;
(d) use this Site directly or indirectly to post or transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying this Site or which is false, misleading or deceptive in any way.
LIABILITY – RELEASE, INDEMNITY AND EXCLUSIONS
Without derogating from the foregoing provisions, your use of this Site is conditional upon your acceptance and agreement that:
You release iimagine Pty Ltd and its officers, employees, agents, licensees and other representatives from all cost, liability, loss or damage incurred or suffered by you or others through you directly or indirectly and resulting from personal injury, illness or death or damage to or loss of property unless caused by iimagine Pty Ltd’s negligence or wrongful act.
You waive any claims you have, or may at any time have, against iimagine Pty Ltd and its officers, employees, agents, licensees and other representatives and you agree not to make any claim against nor seek any compensation from iimagine Pty Ltd and its officers, employees, agents, licensees and other representatives in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you.
You fully and effectively indemnify, defend, and hold harmless iimagine Pty Ltd from any and all claims, liabilities, losses, damages, penalties, fines, costs and expenses, whether actual or alleged (collectively, Claims) including legal costs on a solicitor and client basis and any taxes in relation to those Claims, that arise out of or in connection with:
(a) your use of this Site (including our content and any third party content); or
(b) a breach by you of these terms and conditions.
In these terms and conditions, Non-Excludable Condition means any condition, warranty or guarantee provided or implied by any State, Territory or Commonwealth law, including but not limited to the statutory consumer guarantees described in the Competition and Consumer Act 2010 (C’th) and the provisions of any State or Territory legislation which cannot be lawfully excluded.
To the extent permitted by law, we exclude all conditions, warranties and guarantees provided or implied by any State, Territory or Commonwealth law, including but not limited to the statutory consumer guarantees described in the Competition and Consumer Act 2010 (Cth) and the provisions of any State or Territory legislation.
Our total liability for a breach of any Non-Excludable Condition is limited to the remedies available under Section 64A of Schedule 2 to the Competition and Consumer Act 2010 (C’th) or similar remedies under any applicable State or Territory fair trading legislation.
Except where the preceding paragraph applies, we bear no liability for any loss you suffer arising from your access to or use of this Site or any of our content, including but not limited to any failure or delay by us in performing any services or providing any product or other thing for any reason whatsoever including our breach of contract, negligence, breach of other duty or wilful act or default.
We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity, loss of business, loss of reputation or goodwill, loss of value or use of intellectual property or other proprietary rights even if we had knowledge that such damages or loss might arise or for any other indirect, incidental, special or consequential damages or loss howsoever arising including without limitation our breach of contract, negligence, wilful act or omission or default.
We are not liable if we do not fulfil any obligations towards you, whether partly or at all, as a result of:
(a) circumstances beyond our control such as (but not limited to):
(i) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
(ii) force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
(iii) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
(iv) criminal acts of third parties, such as theft and arson.
(b) your acts or omissions, or those of third parties, such as your being in breach of your obligations under these terms and conditions.
These terms and conditions and any transaction or obligation arising from them will not be interpreted, construed or applied adversely against iimagine Pty Ltd by reason of their having been drafted by or on behalf of iimagine Pty Ltd.
These terms and conditions are governed by the laws of the New South Wales, Australia and the exclusive jurisdiction of its courts.