Terms & Conditions

These terms and conditions apply to the use of this web site, including the use of the information services and other services available on this web site and making contributions to the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

Terminology

In these terms and conditions, the expressions "we", "us" and "our" are a reference to Epode Pty Ltd ACN 125 997 953.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time without notice by updating this posting. Amendments will be effective immediately upon the amendment being made on this web site. You agree to review the Terms regularly and your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.

Information Service

All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you by this web site.

You agree to use this web site for lawful purposes only.

Registration

In order to be able to use certain of the services available on this web site and to make contributions to the web site, you must become a registered user of the web site. To become a registered user of the web site, you must accurately provide your registration details in the manner described on the web site. Registration is free but non-transferable.

We reserve the right to refuse or terminate your registration at any time if you breach these terms and conditions.

On becoming a registered user you may be issued with "log on" information including a password. You must keep this information secure and accept responsibility for all activities on the web site using the "log on" information issued to you. You must notify us of any unauthorised use of your "log on" information.

Obligations of Content Contributor

By becoming a registered user you agree to abide by the following terms and conditions:

  • you will be responsible for all aspects of the production of the content contributed by you;
  • you will ensure that your content is up to date, accurate and not misleading;
  • you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
  • you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed on line by us;
  • you will retain all intellectual property rights including copyright in the content contributed or submitted by you but grant to us an irrevocable, perpetual, world wide, royalty-free, non-exclusive licence (including the right to licence others) to reproduce, distribute, translate, adapt, publish, publicly display, publicly perform or communicate to the public the content contributed or submitted by you.

Communication Services

You agree to abide by the following terms and conditions in respect of the discussion forum services, blogs, private messaging systems and other communication services available from this web site:

  • you acknowledge that any information or material submitted by you to the communication services is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
  • you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
  • you agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other participants;
  • you agree not to impersonate any other person;
  • you agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;
  • you agree not to post or transmit any unsolicited advertising or promotional materials;
  • any material which you post may be removed by us from the communication services without notice at any time;
  • you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
  • you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  • you accept that any material or information provided by you may be posted in the communication services for any other participants to read;
  • we do not accept any liability for the accuracy or content of any material posted by other users of the communication services. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another participant;
  • we do not accept any responsibility or liability for any information or material which you submit to the communication services, nor do we accept any responsibility for any use or misuse which you or any other participant make of information or material which you submit to the communication services;
  • we do not warrant that we will respond to questions or comments submitted by you to our communication services;
  • if you download any material from the communication services, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.

Disclaimer

Whilst we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the web site, information is provided on an "as is", "as available" basis and we do not give or make any warranty or representation of any kind, whether express or implied.

We do not represent or warrant that the web site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the web site.

The use of the web site and the materials contained in it are entirely at your own risk. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site. including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorized use of the system arising from "hacking" or otherwise or your reliance on the information contained on the web site.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on or in respect of this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content using this web site.

We do not warrant that any material you submit to the communication services will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the communication services, if we elect in our sole discretion to post your information or material, we do not warrant that the material or information you submit will be posted within a certain time timeframe.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Exception to Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific Warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must ensure that your data is supplied on the medium and in the format specified on this web site.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

You acknowledge that we are a distributor, not a publisher, of content on this web site. Our editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

Where the information made available over this service contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the communication services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other participants in contravention of the obligations set out in these terms and conditions.

You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions by you.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods or services acquired from us over this web site will meet your requirements.

Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Copyright

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
  • commercialise any information, products or services obtained from any part of this web site;

without our written permission.

Trade Marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is intended to be used as a trade mark or is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this web site).

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked Web Sites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites. Accordingly, you should read the terms and conditions of those Web sites before using them and direct any questions or comments about the linked web site's contents to the relevant web site provider.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Privacy Policy

You and we accept the terms of our privacy policy which is annexed to these Terms and Conditions.

How we handle e-mails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure as they are subject to possible interception or loss or possible alteration. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

You represent and warrant to us that you have the legal capacity to enter these Terms and are at least 18 years of age.

We accept no liability for any (damage or loss suffered or) failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Acceptance

Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. Where requested, by clicking the "I agree to the Terms & Conditions" checkbox you acknowledge that you have read, understood and accepted the above terms of use.