Petri Exchange Terms and Conditions
These terms of use (Terms) apply to any person (you or your) accessing or using the website operated by Petri Exchange Pty Ltd (Petri Exchange, we, us, or our) at any websites associated with us, including www.petriexchange.org (Websites). By accessing and using this Website, you accept these Terms. If you are an authorised representative of another person (e.g. a company), you confirm that you are authorised to, and do in fact, bind that person to these Terms. If you do not accept these Terms, you must immediately stop using this Website.
1. Your Account
You agree that any information provided by you on or to this Website is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided us is or has become untrue, incomplete or inaccurate. If you provide information that is or becomes untrue, incomplete or inaccurate, or we have grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other right or remedy available to us, we may limit, suspend or terminate your access to this Website.
Access to certain parts of these Websites requires you to register an account with us. You may access those certain parts of these Websites using your username and password, set up by you. Your account is personal to you and is not transferable. You are responsible for keeping your user name and password secure. You agree to take all responsibility for all activities that take place under your account and to notify us immediately upon you becoming aware of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate on receiving notification from you of unauthorised use of your account or a breach of security.
Certain aspects of these Websites may be governed by additional terms. You agree to comply with any such further terms and with any relevant laws that apply to your use of that aspect of the Website.
2. Privacy
When you provide personal information to us, we will comply with our Privacy Policy, available on our Website. By using our Websites you accept the Privacy Policy.
3. Disclaimers, Limits of Liability and Indemnities
The Websites are provided as is and on an as available basis. All use of the Websites is at your own risk.
To the extent permitted by law:
- All warranties, representations and guarantees (whether express or implied) are excluded, including without limit all warranties, representations and guarantees related to merchantability or fitness for purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability, or timeliness of the Websites, their content or the content of any website linked to or from these Websites;
- Petri Exchange and its employees, officers, agents and contractors are, to the extent permitted by law, not liable to you or any other person for any losses, expenses, claims or costs (including without limitation for any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages) arising under or in connection with these Terms or this Website, any information downloaded from these Websites, or your use of or access to (or inability to use or access) these Websites. This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise; and
- to the extent that liability has not been or may not be excluded under these Terms, our total liability to you under or in connection with these Terms, these Websites, any information downloaded from these Websites, or your use of or access to (or inability to use or access) these Websites will not exceed AUD$500.
4. Indemnity
You will indemnify Petri Exchange and its employees, officers, agents and contractors from and against (without limitation) any losses, expenses, claims or costs (including out of pocket expenses and charges for our time) , arising out of or related to your breach of these Terms or any laws or the rights of any third party.
5. Third party content and links
The Websites contain content provided by other persons and may include links to other websites. The inclusion of any content provided by any other person and the inclusion of links to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of that content or those sites. We take no responsibility for any damage or harm arising out of the inclusion of such content or links.
6. Reliance on information
No part of these Websites is intended to constitute advice by us. We are not liable or responsible for any reliance placed on these Websites, and the contents of these Websites, by you or anyone who you may inform of its contents. We make no guarantee of any specific results from the use of these Websites. Where you take any decision, or enter into any agreement with any other person, as a result of your use of these Websites, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision. You agree to comply with any such agreement and with any relevant laws that apply to that agreement.
7. Web security
We are committed to providing reasonable controls to protect the Websites against foreseeable hazards such as (but not limited to) unauthorised access, software contamination, computer hacking, destruction, misuse, modifications, and improper disclosure. However, no computer system or information can ever be fully protected and you agree to accept the risk of transmitting information via the Websites. By using the Websites you acknowledge that we are not liable in these circumstances.
8. Intellectual property
We (and our licensors) own all proprietary and intellectual property rights in:
- These Websites, including (without limit) all text, graphics, brands, logos, icons, sound or image recordings, and its look and feel, the underlying software, system and network, and any other material forming part of these Websites; and
- any copy, development, adaptation, or customisation of, or modification to, the items listed in clause 8a; and
- except to the extent expressly permitted by these Terms or by law, you must not copy, adapt, store, distribute, display, publish, reproduce or create derivative works from any part of this Website, nor decompile or reverse engineer any underlying software, system or network.
10. No waiver
If we do not exercise or enforce any rights available to us under these Terms, it does not constitute a waiver of those rights.
11. Illegality
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. That replacement term and the remainder of these Terms will be binding on you.
12. Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales and are subject to the non-exclusive jurisdiction of the New South Wales courts.
13. Amendments
We may amend these Terms at any time by updating them on these Websites. All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to use these Websites following an update, you agree to be bound by the amended Terms.