TERMS OF WEBSITE USE
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.stack.net.au (our site), whether as a guest or a subscriber. Please read these terms of use carefully before you start to use the site. By using or accessing our site, you indicate that you have read, understood and accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you should refrain from using our site. Unless the context expressly permits otherwise, references to "our site" include any and all of our e-newsletters.
INFORMATION ABOUT US
www.stack.net.au is a site operated by Scribal Custom Pty Ltd ("we" or "us"). We are registered in Australia under company number 092 362 135 and have our registered office at 33 Jessie Street, Richmond, Victoria, 3121.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures ("log-in information"), you must treat such information as confidential, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to freely access our site via your log-in information. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify us. Notice provided by you in these circumstances does not release you from your responsibilities under these terms of use. We have the right to disable any log-in information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our privacy policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Access to subscriber only pages of our site is only available to current, approved and paid-up subscribers only. Acceptance of such subscription is at our absolute discretion.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (including, without limitation, its look and feel, information, graphics, photographs, content, images, sounds, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. The materials on our site may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, adapted, sold, supplied, distributed, broadcasted or transmitted in any form or by any means in whole or part without our prior written approval. You must not use any materials on our site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, website or other means of distribution.
If you print off, copy, download, share, publish or distribute any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on, or via, our site are provided in good faith and are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on or via our site may be out of date at any given time, and we are under no obligation to update such material.
LIABILITY
The material and content displayed on our or via site is provided without any guarantees, conditions or warranties as to its accuracy, completeness or currency. To the extent permitted by law, we, our directors and employees, other members of our group of companies and third parties connected to us hereby expressly exclude:
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This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Trade Practices Act 1974 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in its sole discretion:
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, your subscription with us, our e-newsletters, or any other products or services owned or produced by us.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page, unless authorised in writing by us. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please contact us via the email address provided on our contact page.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources, advertisements and materials provided by third parties, these links, resources, advertisements and materials are provided for your information and convenience only. We have no control over the contents of same, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your linking to or from these sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Advertisements, links or other connections to these sites do not imply any endorsement of the material on them or any association with their owners, operators or advertising material.
SPAM
We may solicit electronic addresses on, or via, this site to facilitate communication relating to our business functions (including communicating our e-newsletters to you). By providing your details and agreeing to our terms of use, you may receive information from us relating to the business functions you have requested (including communication of our e-newsletters). If you no longer agree to receiving further e-newsletters from us, you will be provided with options to "Unsubscribe" in all e-newsletters as referred to and as required by the Spam Act 2003 (Cth).
FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
JURISDICTION AND APPLICABLE LAW
Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use. By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
SEVERABILITY
If any provision in these terms of use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of these terms of use which will continue in full force and effect.
YOUR CONCERNS
If you have any concerns about material which appears on our site or your dealings with us, please contact us via the email address provided on our contact page.
Thank you for visiting our site.