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Disclaimer - Open Place

TERMS & CONDITIONS



1. About this website

These Website Terms of Use apply to the websites operated under the domain name "openplace.org.au" (the Website).

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use and by using this Website you agree to be bound by these Terms of Use.

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.



2. Australian residents only

The information contained within the Website is intended for Australian residents only and is not intended for use by any person who is a resident of any other country as the Content or these Terms of Use may not comply with non-Australian laws. References to currency are in Australian dollars unless otherwise specified.


3. Links to other websites

The Website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations:

(a) regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or

(b) that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, we are not authorising the reproduction of material on linked websites.



4. Information available at the Website

The Website provides general information about our Open Place programs, services and activities.

In addition, the Website may from time to time contain or make available various message services, email lists, mailout or newsletter services, or other tools and facilities which may be of use to you. Whilst we have made every effort to ensure that any such features are accurate and free from defect, we do not warrant the accuracy, correctness or completeness of these features, which are provided on an "as is" basis.



5. Availability of the Website

As electronic services are subject to interruption or breakdown, access to the Website is offered on an "as is" and "as available" basis. We may withdraw the Website at any time and without notice to you.


6. User conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any Website user.

If you access any personal information about other individuals through the Website, you must keep that information confidential unless you have their consent.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.



7. Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.


8. Warranties

While we have made every effort to ensure that the Content is free from error, we do not guarantee or warrant the accuracy, adequacy or completeness of Content on the Website. All Content is provided on an "as is" basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. We do not warrant that this Website or any linked websites will be free from viruses or defects.


9. Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, we and our directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on this Website, to any material on linked websites, or to access or use of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Trade Practices Act 1974 in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):


  • resupplying goods or services to you or supplying equivalent goods;
  • repairing the goods; or
  • paying the cost of having the goods or services resupplied or goods repaired.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.


10. Indemnity

You indemnify us in respect of any liability incurred by us for any loss or damage, howsoever caused, suffered by us as a result of your breach of these Website Terms of Use or your use of the Website.


11. Copyright and trade marks

Copyright in the Content on this Website is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our prior written consent or that of our licensor(s) (as appropriate).

Trade marks used on this Website are owned by us or third parties. You must not use any trade marks used on this Website without the consent of the trade mark owner.



12. Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation.


13. Jurisdiction

The law applicable to the Website and to disputes arising out of the Website is the law of the State of Victoria, Australia.

Version 1 – 11 June 2010
Berry Street Victoria Inc ABN 24 719 196 762