Terms of Use

IMPORTANT: BY ACCESSING, BROWSING AND/OR USING OUR PORTAL AND/OR WEBSITE, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. WE MAY UPDATE THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE EACH TIME YOU ACCESS, USE OR BROWSE OUR PORTAL AND/OR WEBSITE. IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE OUR PORTAL AND/OR WEBSITE.

1. Definitions and Interpretations

1.1 Definitions

In these Terms of Use:

Acceptable Use Policy is as set out in clause 5.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

Member means one of Our members in accordance with Our company constitution.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).

Portal means the portal provided by Us to Members, the content, images, text and other information appearing on any page of the portal, and any source code and object code in the portal, plus any database which forms part of or which the portal interacts with.

Terms of Use means these terms and conditions set out on this webpage as amended by Us from time to time.

“We”, “Our” and “Us” means Internet Association of Australia Ltd ACN 168 405 098, trading as IX Australia.

“Website” means Our website, the homepage URLs and any content, images, text and other information appearing on any page of the website and any source code and object code in the website, plus any database which forms part of or which the website interacts with.

“You” means you, the person who accesses this Website for any reason, whether or not you are an IAA Member.

1.2 Interpretation

In these Terms of Use:

(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.

(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

(d) A reference to a statute or regulation includes amendments thereto.

(e) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.

(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.

(g) The warning at the top of these Terms of Use forms part of the binding terms and conditions of these Terms of Use.

(h) A reference to time is to time in Perth, Western Australia.

(i) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.

(j) The words “includes”, “including” and similar expressions are not words of limitation.

2. Licence

2.1 We hereby grant You a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to access, use and browse the Portal and/or Website, subject to these Terms of Use (the Licence).

3. Portal Registration

3.1 We reserve the right to accept or reject any person’s registration on the Portal in Our absolute discretion.

3.2 If You register on the Portal, You:

(a) warrant that during the registration process You will provide truthful and accurate information only;

(b) warrant that You are registering on the Portal on behalf of and with the authority and consent of the business entity (if applicable), the name and details of which You enter during registration;

(c) agree to be jointly and severally liable for any breach of these Terms of Use by the business entity, the name and details of which You enter during registration.

3.3 You must ensure, without limiting clause 3.2, that You provide a valid email address at the time of registration.

3.4 We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Portal if Your rights to the email address are not so verified.

3.5 If any of Your contact details or other information which You provide during the registration process changes, You must promptly update Your registration details on the Portal with Your up-to-date details and information.

3.6 You must not provide Your account credentials on this Portal to any person. You agree to take all reasonable steps to keep Your account credentials secure, and acknowledge that You shall be solely responsible for the confidentiality of Your account credentials and any use of Your registered account (including unauthorised use) on the Portal.

3.7 You must immediately notify Us if You become aware of any unauthorised use of Your account on the Portal.

4. Licence Restrictions

4.1 You may not make any use of the Portal and/or Website except as permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Portal and/or Website.

4.2 Without limiting the foregoing provisions of the Licence, You must not, under any circumstances, sell or resell access to the Portal and/or Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Portal and/or Website or any content You obtain via the Portal and/or Website. In addition, You must not, nor may You permit any person to:

(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Portal and/or Website and/or any content in the Portal and/or Website (except as expressly permitted by the Copyright Act 1968 (Cth));

(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;

(d) take any steps to circumvent any technological protection measure or security measures in the Portal and/or Website.

4.3 You must not use the Portal and/or Website or any part of the Portal and/or Website in any way which is in breach of any statute, regulation, law or legal right of any person.

4.4 You must not use the Portal and/or Website or any part of the Portal and/or Website in breach of these Terms of Use.

5. Acceptable Use Policy

5.1 You agree that:

(a) using the Portal and/or Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;

(b) using the Portal and/or Website in relation to crimes such as theft and fraud is strictly prohibited;

(c) using the Portal and/or Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited;

(d) introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;

(e) revealing Your account password to others or allowing use of Your account on the Portal and/or Website by others is strictly prohibited;

(f) using another person’s name, username or password or otherwise attempting to gain access to the account of any other person for the Portal and/or Website is strictly prohibited;

(g) using the Portal and/or Website to make fraudulent offers of goods or services is strictly prohibited;

(h) using the Portal and/or Website to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(i) compromising the security of Our property, systems, networks, equipment or services, or those of any other Members or users of the Portal and/or Website is strictly prohibited;

(j) using the Portal and/or Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited;

(k) using the Portal and/or Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited;

(l) using the Portal and/or Website to interfere with or deny service to anyone is strictly prohibited;

(m) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Portal and/or Website is strictly prohibited;

(n) forging header information, email source addresses or other use information is strictly prohibited;

(o) sending unsolicited email messages through or to users of the Portal and/or Website in breach of the Spam Act 2003 (Cth) is strictly prohibited;

(p) using the Portal and/or Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited; and

(q) use of the Portal and/or Website in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited.

5.2 You must notify Us if the security of any of Your equipment used to access, use or browse the Portal and/or Equipment is compromised, hacked or used to carry out any network attack, denial of service attack or similar.

5.3 You must not aid, abet, incite or encourage any person to breach this Acceptable Use Policy.

6. Intellectual Property Rights

6.1 You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

6.2 As between You and Us, We own all Intellectual Property Rights in the Portal and Website.

6.3 You have no rights in the Portal and/or Website, in any part of them or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to the Licence.

6.4 You agree that any Intellectual Property Rights in any content which You upload or post to the Website (“User Content”) becomes Our sole and exclusive property immediately upon You uploading or posting that content, and You hereby agree to assign all Intellectual Property Rights in all and any such content to Us effective as soon as You upload or post the content to the Website, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You waive all Moral Rights that You may have to any User Content and consent to Us and any third party We authorise to infringing all and any such Moral Rights in Our absolute discretion.

6.5 You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Portal and/or Website or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights under the Licence.

7. Responsibility for other users

7.1 While we monitor conduct of users on the Portal and Website, We do not accept responsibility for the conduct of other users of the Portal and/or Website. If You believe that another user of the Portal and/or Website has breached these Terms of Use, please contact Us.

7.2 Unless otherwise specified, We are not a party to any transaction for the supply of goods or services advertised by any other user of the Portal and/or Website. Before entering into any transaction with any other user of the Portal and/or Website, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

7.3 Any dispute You have with another user of the Portal and/or Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of the Portal and/or Website and in respect of any content uploaded by or on behalf of any user.

7.4 We check content entered into or uploaded into the Portal and Website from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy, We will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If You become aware of any content that You think breaches the Acceptable Use Policy, please contact Us.

8. Responsibility for third party claims

8.1 You agree and acknowledge that You are solely responsible for, and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any person where the claim is caused directly or indirectly by:

(a) Your use of the Portal and/or Website; and/or

(b) Your goods and/or services and/or Your advertising and/or sales and/or marketing practices.

9. No Endorsement

9.1 We do not represent, recommend or endorse any websites to which We have linked from the Portal and/or Website via hyperlink or otherwise.

10. Payments

10.1 Payments on the Portal are processed by a third-party payment gateway provider (Payment Processor). We do not store your full payment card details.

10.2 By providing payment details, You:

(a) authorise Us to charge Your nominated payment method, including automatically, where you set up auto-recurring payments;

(b) agree to the Payment Processor’s terms of service and privacy policy; and

10.3 If a payment fails, We will retry the charge and notify You of the failure. After consecutive failures on your nominated payment method, We may charge any alternative valid payment method You have provided Us.

11. Personal Information and Privacy Policy

11.1 You understand and agree that We may use, store, and disclose Your Personal Information provided to Us by You in association with Your access and use of Our Portal and/or Website in line with Our Privacy Policy, as amended from time to time.

12. Warranty and Liability

12.1 Except for those Non-Excludable Guarantees, and to the full extent permitted by law, all warranties, conditions, and guarantees that would otherwise be implied into these Terms are excluded. You understand and accept that:

(a) Your access to and use of the Portal and/or Website is at your own sole risk. You understand that the Portal and Website is provided on an ‘as is’ and ‘as available’ basis, and that we do not make warranties of any kind. We do not warrant that the Portal and/or Website will be uninterrupted, secure, or available at any particular time, or that it will meet your requirements.

(b) We may take down or suspend the Portal and/or Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate interests, including to perform scheduled or unscheduled maintenance on the Portal and/or Website, or for reasons outside our control.

(c) We do not represent that the information on this Portal and/or Website is accurate, correct, up-to-date or error free. The information provided on our Portal and/or Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from this Portal and/or Website.

(d) We are not liable for any loss or damage to You resulting from the use of or inability to use the Portal and/or Website, or arising from or related to any of the circumstances specified in clause 8.1

(e) Neither party is liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.

12.2 Except for those Non-Excludable Guarantees, and to the full extent permitted by law, Our total liability for any claim will not exceed the amount You paid Us in the past 12 months.

13. Termination

13.1 If you are not a Member, We may terminate these Terms of Use and Your access to the Portal and/or Website or any part of it at any time without notice.

13.2 If You are a Member, We may terminate these Terms of Use and Your access to the Portal and/or Website by notice to You if:

(a) You breach any material term of these Terms of Use; or

(b) where reasonably necessary to protect Our legitimate interests.

13.3 Termination of these Terms of Use and access to the Portal and/or Website does not affect any accrued rights of either party.

14. General

14.1 Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.

14.2 Amendment: These Terms of Use may be amended by Us at any time.

14.3 Assignment: You may not assign, transfer, licence or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms of Use at any time.

14.4 Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.

14.5 Relationship: You and Us are independent contractors and these Terms of Use do not create any relationship of partnership, joint venture, or employer and employee or otherwise.

14.6 Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.

14.7 Entire Agreement: These Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.

14.8 Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and Us irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.