TERMS & CONDITIONS
1. About this website
2. Australian residents only
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
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.
11. Copyright and trade marks
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.
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