Disclaimer
Planfarm assumes no responsibility for errors or omissions
in these materials.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Planfarm further does not warrant the accuracy or completeness
of the information, text, graphics, links or other items
contained within these materials.
Planfarm shall not be liable for any special, indirect,
incidental, or consequential damages, including without
limitation, lost revenues or lost profits, which may result
from the use of these materials. The information on this server
is subject to change without notice and does not represent a
commitment on the part of Planfarm in the future.
Terms of Use
The
Planfarm Website (this "Website") is owned and operated by
Planfarm. This Website is operated on the World Wide Web
("WWW
"). The material on this Website is copyright @ 2007
Planfarm and other copyright owners. The Website contains
intellectual property, including without limitation software,
belonging to Planfarm and others. All content, information and
software provided on and through this Website (" Content") may
only be used in accordance with the following terms and
conditions ("Terms
of Access and Use").
1. ACCESS
1.1 Access to this Website is
conditional on:
(a) your acceptance, without
alteration, of these Terms of Access and Use; and
(b) Note that some non-member
areas of the website can be accessed free of charge.
1.2 By accessing, or by
continuing to access, this Website you are agreeing to be bound
by these Terms of Access and Use.
2. USE OF THIS WEBSITE
AND THE CONTENTS
2.1 Visitors to the website
can browse certain areas of the website available to the public
without needing to use a username and password (the "Client
Area").
2.2 Planfarm will issue all
members a unique Login. NSW Business Chamber will grant member
access to the website once the member has:
(a) paid for the Planfarm
membership by credit card; or
(b) been issued an invoice by
Planfarm for membership
2.3 The Login is exclusive
and nontransferable. You agree not to disclose the Login to any
other person.
2.4 Except for the limited
use set out in clause 2.5, or with the express written consent
of Planfarm, you may not use this Website, or the Content, for
any of the following purposes:
(a) the reproduction of the
Content in any material form;
(b) the distribution of the
Content in any material form;
(c) re-transmission of the
Content by any medium of communication;
(d) uploading and/or
reposting the Content to any other site or location on the WWW,
on-line service or bulletin board; and
(e) "framing" the
material on this Website with other material on any other WWW
site or location, on-line service or bulletin board.
2.5 Notwithstanding the
restrictions on use of the Content on this Website in clause
2.4, you may download material from the Website for your
personal non-commercial use provided you do not remove any
copyright and trade mark notices contained on the material.
2.6 You may not decompile,
reverse engineer, disassemble, rent, lease, loan, sell,
sublicense, or create derivative works from this Website or the
Content. Nor may you use any network monitoring or discovery
software to determine the site architecture, or extract
information about usage, individual identities or users. You
may not use any software, device, or manual process to monitor
or copy this Website or the Content without Planfarm's prior
written permission. Any unauthorised use of this Website or its
Content is prohibited.
2.7 You may not modify or
copy:
(a) the layout of this
Website; or
(b) any computer software or
code contained in this Website.
3. INTELLECTUAL
PROPERTY RIGHTS
3.1 Planfarm and others own
and reserve all intellectual property rights for all products
and services provided by this Website. Except as expressly
provided in these Terms of Access and Use, nothing set out in
these Terms of Access and Use shall be construed as conferring
any license or right, by implication, estoppel or otherwise,
under copyright or other intellectual property rights. You
agree that the Content and Website are protected by copyrights,
trademarks, patents or other proprietary rights and laws.
4. LINKS TO OTHER
WEBSITES
4.1 This Website contains
links to sites on the WWW owned and operated by third parties
and which are not under the control of Planfarm (the
"External Web Sites").
4.2 In relation to External
Web Sites, which are linked to this Website, NSW Business
Chamber:
(a) provides the link or
links to External Web Sites as a convenience to you and the
existence of a link or links to External Web Sites does not
imply any endorsement by Planfarm of the External Web Sites;
(b) is not responsible for
the material contained on those External Web Sites; and
(c) makes no warranties and
accepts no liability in relation to material contained on those
External Web Sites.
5. WARRANTY
5.1 The content on this
Website is not intended to, and do not constitute, legal or
financial advice.
5.2 This Website is provided
on an "as is, as available" basis.
5.3 To the full extent
permitted by law Planfarm disclaims any and all express or
implied warranties, guarantees or representations regarding:
(a) the accuracy,
reliability, timeliness or otherwise of any information
contained or referred to on this Website and/or on any External
Web Sites; and
(b) the merchantability,
reliability or fitness for any particular purpose for any
service or product contained or referred to on this Website
and/or on any External Web Sites.
5.4 Planfarm does not
warrant, guarantee or make any representation that:
(a) this Website, or the
server that makes the Website available on the WWW are free of
software viruses;
(b) the functions contained
in any software contained on this Website or the Content will
operate uninterrupted or are error-free; or that
(c) errors and defects in
this Website or the Content will be corrected.
6. LIABILITY
6.1 Planfarm will not be liable
under any circumstances for any loss of profits or any damages
of any kind recognised by law (even if it has been advised of
the possibility of such loss of profits or damages) which are
the consequence of you:
(a) acting, or failing to
act, on any information contained on or referred to on this
Website and/or any of the External Web Sites; or
(b) using or acquiring, or
your inability to use or acquire, any service or product
contained or referred to on the Website and/or any External Web
Sites.
6.2 Planfarm is not liable to
you for:
(a) errors or omissions in
the Website and/or on External Web Sites;
(b) delays to, interruptions
of or cessation of the services provided in the Website and/or
External Web Sites; or
(c) defamatory, offensive or
illegal content on the Website, whether caused through
negligence of Planfarm, its employees or independent
contractors, or through any other cause.
6.3 You agree to accept the
full cost of any necessary repair, correction or maintenance of
any of your computer software or hardware, which may be
necessary as a consequence of you accessing this Website or the
Content.
6.4 To the extent that the
limitation of liability contained in this clause 6 is
prohibited, you agree that Planfarm's sole obligation to you
for any loss, injury, claim, liability or damage of any kind
resulting from your access and/or use of this Website shall be
limited to the refund of the fees and charges paid by you to
Planfarm for access and/or use of the Website.
7. TERMS AND
CONDITIONS RELATING TO INFORMATION PROVIDED BY YOU
7.1 You represent and warrant
in relation to any material and/or information you provide to
the Website that:
(a) you are authorised to
provide the material and/or information;
(b) the material and/or
information is not defamatory or a malicious falsehood in
relation to any product, service, person or corporation;
(c) the material and/or
information does not infringe any intellectual property right
including, but not limited to, trade marks, service marks or
business names (whether registered or unregistered),
confidential information and copyright; and
(d) the material and/or
information does not infringe any legislation or regulations of
the Commonwealth of Australia and the State of Western
Australia or any law in any jurisdiction where the material
and/or information is or will be available to Planfarm and its
respective officers, employees and agents.
7.2 By uploading any material
to this Website which is intellectual property including, but
not limited to, copyrighted works, trade marks and service
marks (the "intellectual property") on to the
Website, you are granting Planfarm a perpetual, non-exclusive
and payment-free licence throughout the world to:
(a) reproduce, use and
exploit the intellectual property, for the purpose of providing
you with products and services, under these Terms of Access and
Use, to the full extent permitted by intellectual property law
in any jurisdiction in which the Website is available to
Planfarm and its respective field representatives, employees
and agents; and
(b) allow Planfarm to
sub-licence others the same rights granted to Planfarm in
clause 7.2(a) above.
8. INDEMNITY
8.1 You will at all times
indemnify, keep indemnified, defend and hold harmless Planfarm
and its respective officers, employees and agents (referred to
below as "Those Indemnified"), from and against any
loss (including reasonable legal costs and expenses) or
liability incurred by any of Those Indemnified arising from any
claim, demand, suit, action or proceeding by any person against
any of Those Indemnified where such loss or liability arose out
of, in connection with or in respect of any breach of these
Terms of Access and Use by you, and use of the material and/or
information supplied by you under these Terms of Access and
Use.
9. CONFIDENTIALITY AND
USE OF INFORMATION PROVIDED BY YOU
9.1 Except as permitted in
clauses 9.2 and 9.3 below, Planfarm will treat as confidential
information all material and/or information provided to this
Website by you.Planfarm will not disclose confidential
information to any third party except where the third party is
either contracted or licensed to Planfarm to assist Planfarm in
fulfilling its obligations under these Terms of Access and Use
or in fulfilling its obligations in the delivery and provision
of Planfarm membership services, and Planfarm products and
services.
9.2 You agree that Planfarm
may consolidate material and/or information provided by you to
this Website in a manner that does not allow your business to
be identified. Planfarm and/or others authorised by Planfarm
may gather, process, publish or otherwise disclose the
consolidated material and/or information.
10. TERMINATION OF
ACCESS
10.1 Planfarm may terminate
access to the Website at any time without giving any
explanation or justification for the termination of access, and
Planfarm has no liability for any costs, losses or damages of
any kind arising as a consequence of terminating access to the
Website.
11. RELEVANT
JURISDICTION
11.1 If any part of these
Terms of Access and Use are found to be void, unlawful or
unenforceable then that part will be deemed to be severable
from the balance of these Terms of Access and Use and the
severed part will not affect the validity and enforceability of
any remaining provisions.
11.2 These Terms of Access
and Use will be governed by and interpreted in accordance with
the law of the State of Western
Australia, without giving effect to
any principles of conflicts of laws.
11.3 You agree to the
jurisdiction of the courts of the Western Australia to
determine any dispute arising out of these Terms of Access and
Use.
YOUR ACCESS OR USE OF THIS
WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS
OF ACCESS AND USE
|
