(a) The website called www.prop-ed.com (Site) is owned and operated by Informatio Pty Ltd (ACN 162 135 864), which is registered in New South Wales, Australia (Company).
(b) In these terms and conditions (Terms), “us”, “we” and “our” refer to the Company, and references to “you” or “your” is to you, the end user of the Site (User). The Terms will also refer to other end users of the Site (Users).
(d) We may amend the Terms at our sole discretion by providing you with a period of notice that we determine to be reasonable. If you choose to unsubscribe from our mailing list, we will not have the ability to notify you of changes the Terms, and it will be your responsibility to regularly the Terms at this URL. By continuing to use the Site after an amendment to the Terms, you agree to be bound by the Terms as amended.
(e) All notices, enquiries and complaints can be communicated to the Company at firstname.lastname@example.org.
2. Conditions of Use
(a) You are granted a limited and revocable license to view and use the Site in accordance with these Terms if you:
(i) are over the age of 18 years;
(ii) are capable of forming binding contracts;
(iii) are not breaking any law by accessing and using the Site (by reference to laws in your jurisdiction and the Company’s);
(iv) use the Site for lawful purposes only (by reference to laws in your jurisdiction and the Company’s);
(v) use the Site only in the way that it is designed to be used; and
(vi) do not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Site (as determined by us at our sole discretion).
(b) Your licence to use the Site will be immediately revoked if you breach any of the conditions in clause 2(a).
3. Account Registration
(a) In order to access certain parts and functionality of the Site, you will need to register a membership account with the Site (Account).
(b) Subject to these Terms, we grant you a limited and revocable license to register an Account while you remain in compliance with these Terms.
(c) When you register your Account, you undertake to:
(i) provide information during the registration process that is accurate and complete in all respects; and
(ii) represent yourself only, and not to create false aliases or impersonate any other person (with or without their consent) while using the Site.
(d) You must retain access to the username and password created during the Account registration process to access the Site.
(e) It is your sole responsibility to keep your username and password secure. You are solely responsible for the use of your Account, irrespective of who is using it, even if it is used without your permission.
(f) You agree to indemnify us against any and all liability, loss, costs and expenses arising from or incurred in connection with unauthorised access to your Account.
4. Information on the Site
(a) All the information on the Site is for informational purposes only, and is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of information on the Site.
(b) You agree and acknowledge that there may be technical or administrative errors in the information on the Site.
(c) We reserve the right to correct any errors on the Site without any notice to you.
5. User Content
(a) In respect of any content that you upload to the Site (Content), you warrant that it is not:
(i) uploaded in breach of the intellectual property of any third party;
(ii) uploaded in breach of any law under the Privacy Act 1988 (Cth);
(iii) affected by any computer virus or malicious code;
(iv) connected with “spam” or the process of “spamming”;
(v) false, defamatory, misleading or otherwise deceptive in any way;
(vi) financial, legal, medical or other professional advice;
(vii) adult material;
(viii) material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation; or
(ix) in breach of any other clause of these Terms.
(b) You agree that you are liable for and indemnify us against any and all liability, loss, costs and expenses arising from or incurred in connection with your breach of any warranty in clause (a).
(c) You agree that any comments or opinions that you express in Content will be fair, accurate and genuinely held at the time of communication.
(d) You agree that any Content that you upload to the site is subject to change by other Users.
(e) You agree that when your Content is edited by other Users in the form of deletions and additions (Edits), those other Users will acquire rights in new versions of the Content to the extent that the Edits change the Content. Users will be deemed to have taken part in the process of an Edit by:
(i) suggesting actual Edits;
(ii) voting on Edits, which has an impact on whether or not the Edits are adopted; and
(iii) commenting on Edits, which has an impact on the votes made with respect to Edits.
6. Content Management
(a) We make no warranties as to the accuracy of any Content posted by any User of the Site, and will accept no liability for errors or omissions in general.
(b) You agree to remove any contentious Content immediately upon request by us.
(c) We reserve the right, at our absolute discretion, to delete, remove, amend, edit or in any other way change any Content.
(a) A comment system is available on the site. Content owners accept that their content could be discussed on the Site.
(b) Each User agrees that any comments or feedback that he or she makes will be fair, accurate and genuinely held as an opinion by the User.
(c) We reserve the right to remove any comments or feedback at our sole discretion.
8. Data Retention
(a) We may store any material or information that you upload to the Site (Data).
(b) We make no warranties or guarantees, implied or express, in respect of the retention of or continued accessibility of any Data.
(c) You agree that we are not liable for any loss or damage that may occur by any loss, corruption or any other inaccessibility in respect of any Data.
(d) We may store the Data “offsite”. The Data storage location will not affect the laws that govern any agreement arising under these Terms.
(e) Subject to these Terms, you own the Data you provide us, and may request its deletion at any time, unless you have shared it with others and they have not deleted it, or it was copied or stored by other Users.
(f) The businesses that we contract with to host and operate the Site are committed to protecting the confidentiality of Data, however, you agree and acknowledge that those businesses reserve the right to access, view and review any of your Data:
(i) if a government agency or regulatory body specifically requests them to do so;
(ii) when performing routine backup and restore operations, virus scan and virus removal, spam and content filtering; or
(iii) when such access, view or review is urgent and necessary to protect personal safety, perform troubleshooting, restore systems operation in the event of a server failure, remove illegal or offending (eg pornographic, violating policies, etc) content or prevent a server failure, service outage or other damage.
9. Site Availability
(a) By using the Site you agree that we accept no responsibility for the Site or any part of it being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site or any part of it.
(b) You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site or any part of it.
(c) We may change, update or otherwise amend the Site or any part of it at our sole and absolute discretion without any notice to you and any other User. This may result in the Site being offline, for which we are not obligated to provide notice.
(d) You agree that we may suspend your accoount at our absolute discretion. You will have the opportunity to contact us to have the suspension of your account lifted, but it will be at our absolute discretion whether or not we will lift the suspension.
10. Intellectual Property
(a) All parts of the Site are the copyright of the Company. Without the express written permission of the Company, you shall not:
(i) replicate all or part of the Site in any way; or
(ii) incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
(b) The Company has moral and registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(c) You agree that you will not copy any part of the Site for your own purposes.
11. Complaints about the Site
(a) In the event of a dispute with another User, you agree to work in good faith to resolve the dispute. We accept no liability for disputes between Users, and you agree and acknowledge that any such dispute is to be resolved by Users amongst themselves directly, without the involvement of the Company in any way whatsoever.
(b) As a consumer, there are certain rights (such as conditions terms and warranties implied by the Competition and Consumer Act 2010 (Cth) and equivalent State acts), which cannot by law be excluded (Non Excludable Condition). The obligations set out in this section are subject to those Non Excludable Conditions.
(c) If you have a complaint in connection with the Site for which you consider that the Company is liable (Complaint), you must report it to us within 10 days of the circumstances giving rise to the Complaint first occurring. We may or may not investigate your complaint, depending on its nature, a choice that will be at our sole discretion.
(d) If you are not satisfied with our action under clause 11(a) of the Terms, you must formally notify us of your complaint with a written notice (Complaint Notice) which includes, or is accompanied by, full and detailed particulars of the Complaint.
(e) Within 10 days after a Complaint Notice is given, a representative of the Company will respond to the Complaint Notice in writing.
(f) In accordance with this section, you agree not to bring court proceedings against us in respect of any Complaint unless you comply with the requirements of this clause.
13. Exclusion of Liability
(a) You acknowledge and agree that:
(i) you use the Site at your own risk; and
(ii) we are not responsible for the conduct or activities of any other User of the Site.
(b) You agree that all implied conditions and warranties are excluded from the Terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act 2010 (Cth) and equivalent State acts), which cannot by law be excluded (Non Excludable Condition).
(c) Subject to the application of any Non Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with the Terms or the Site, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded. Subject to the application of any Non Excludable Condition, we will not, under any circumstances, be liable to you for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
(d) Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
(i) the re-supply of services or payment of the cost of re-supply of services; or
(ii) the replacement or repair of goods or payment of the cost of replacement or repair.
(a) By using the Site, you agree to indemnify us and our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from your use of the Site.
(b) Without limiting the generality of the above, you agree to indemnify us and our officers, employees, contractors and agents (the Indemnified) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from your breach of the Terms and any negligent or unlawful act or omission by you in connection with the Site.
(c) Without limiting the generality of the above, you further agree to indemnify the Indemnified against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from a contract in force between us and a third party connected with the Site.
(a) Either party may end the agreement arising from the Terms immediately for any reason by giving the other party written notice.
(b) Where the agreement arising from these terms has been terminated you must immediately cease to use the Site.
(a) We will send you notices and other correspondence to the details on your Account, or that you notify us of from time-to-time. It is your responsibility to notify us of any updated contact details as they change.
(b) Email notice from you or us is effective notice under the Terms.
(a) You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in the Terms.
(b) The relationship between you and us under any agreement arising from the Terms does not form a joint venture or partnership.
(c) No clause of the Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(d) You cannot assign, novate or otherwise transfer any of your rights or obligations under any contract arising from the Terms without our prior written consent.
(e) We may assign, novate or otherwise transfer any of our rights or obligations under the agreement arising pursuant to the Terms to a third party without notice to you, or your prior consent. If we require it, you will sign any documents to give effect to an assignment, novation or transfer by us under this clause.
(f) The agreement arising under the Terms will be governed by the laws of the state set out in the definition of Company. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction there, and it shall be the sole forum for any proceedings.
(g) Any clause of the Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
(h) The termination of any agreement arising from the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.