Terms & Conditions of Website Use

This website, http://lei.apir.com.au/, (“Website“) is owned and maintained by APIR Systems Limited (“APIR“, “we“, “us” or “our“), a company registered in Australia with Australian Company Number 081 044 957. The registered office and address of APIR is Level 1, 39 Jardine St, Kingston, ACT 2604, Australia.

This document (together with the documents referred to in it, including any terms referred to in it) tells you the terms and conditions (“Terms“) on which you may use our Website. Please read these Terms carefully before you start to use the Website.

By using our Website, you are deemed to have understood, and confirm that you accept, these Terms and that you will abide by them.

If you are using this Website as a representative of your employer, you represent to us you have the full and unfettered legal right and authority to accept these terms on behalf of, and bind, your employer and references to “you” in these Terms will be deemed to refer to your employer.

If you do not agree to these Terms, please refrain from using our Website. Use of our Website includes accessing, browsing or registering to use our Website.

Where any information contained on this Website is available for download or copying, these Terms apply to such information as may be downloaded or copied.

Access to our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to, and may, withdraw or amend the service we provide on our Website without notice at any time.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to certain users, for example users who have registered with us.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat this information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

You are responsible for any use by any person of the Website using your user name, password or any other piece of information being part of our security procedures. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection or your name, password or any other piece of information being part of our security procedures are aware of these Terms, and that they comply with them.

Privacy Statement

APIR processes information provided by you in accordance with our Privacy Statement. By using this Website, you consent to such processing and warrant that all information provided by you is accurate.

Disclaimer

The information on this Website is provided by us for general information purposes only and is made available “AS IS” without any representation or warranty, either express or implied, being given as to the accuracy, completeness, timeliness, reliability or otherwise of its content. No responsibility is accepted by us for your use of the information on this Website, including for any errors or omissions or any inaccurate information on this Website.

The material posted on this Website, including any regulatory announcement, is not intended to amount to or provide, nor does it amount to, constitute or comprise, investment, financial, legal or other advice on any particular matter and no action should be taken or omitted to be taken in reliance on the information contained on this Website. Advice should always be sought from a suitably qualified professional in relation to any particular matter or circumstance.

To the fullest extent permitted by law, we expressly exclude, and accept no liability for, any loss, cost, expense or damage which may be suffered or incurred by you, or any third party, and/or which may arise from the use, or the inability to use, this Website (or any website linked to it) or the use of, or any reliance placed on, any information contained on this Website (or any website linked to it), including, but not limited to direct, indirect, incidental, exemplary, compensatory, punitive, special, consequential or other loss, cost, expense or damage, damage to reputation, loss of data, loss of income, profits, revenue, anticipated savings, contracts or opportunity, loss of goodwill or claims by third parties and whether caused by tort (including negligence), breach of contract or otherwise, even if such loss, cost, expense or damage was reasonably foreseeable by us.

We cannot guarantee that this Website will be available at all times or that it will be free from delays, interruptions and errors; the exclusions in the previous paragraph will extend to any claims relating to the functionality or availability or otherwise of this Website at any time or for any period.

APIR is making the information available on this Website as a public service and for general information purposes only, we do not intend by doing so to either directly or indirectly solicit any business or to make any offer or invitation to subscribe for, to buy or sell, or to solicit any offer or invitation to subscribe for, to buy or sell, securities or other financial instruments from or to any person, in any jurisdiction, nor is the information to be considered as, nor is it to be used to provide or form the basis for, investment or financial advice.

The information on this Website is not intended for distribution in or into, or for use by any person or entity in, any jurisdiction where any such distribution or use would be contrary to any local law, order, directive or regulation. You should acquaint yourself with any local laws, order, directives or regulations that might apply to the use of this Website.

Changes to our Website

While we aim to update our Website regularly, we are under no obligation to do so and as the information contained on it is inherently subject to change without notice it may be out of date at any given time. You should therefore not act, or refrain from acting, on the basis of any information contained on, or obtained from, or from any publications or links to other websites provided on, this Website. You should always obtain appropriate advice where necessary from a suitably qualified professional in relation to any particular matter or circumstance.

Copyright and other intellectual property rights

The information, market data, announcements, content, graphics, text, sound, images, trademarks, service marks, loops and all other materials contained on this Website (the “Materials“), including but not limited to the homepage and all other pages and publications, are protected by copyright, database right, trademark and other proprietary rights.

The Materials are owned and controlled by APIR or the party credited as the provider of the Materials, except as otherwise indicated.

No person may copy the Materials (except for one copy for personal use only, provided that all copyright and other notices contained therein are left intact), republish, redistribute, transmit, alter, edit or otherwise exploit them, in any manner for any purpose, without the express written permission of APIR. You agree not to reproduce, duplicate copy, republish, redistribute, transmit, alter, edit re-sell or otherwise exploit any part of our Website in contravention of the provisions of these Terms, if you do so your right to use our Website will cease immediately and you must, at our option, either return or destroy any copies of the Materials you have made.

APIR and/or any other owners of the Materials retain all right, title, interest and intellectual property rights in and to the Materials. Nothing in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property right or proprietary interest of APIR or any third party.

All trademarks, service marks or logos contained on this Website are the property of APIR or their owners.

The use of automated systems or software that is used to extract data or information from this Website for commercial use is prohibited.

Transactions concluded through our Website

Contracts for the provision of services found on and formed through our Website or as a result of visits made by you are governed by our terms and conditions in relation to the supply of the services.

Uploading material to our Website

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out below and the other Terms. You warrant and represent that any such contribution complies with those standards and Terms, and you indemnify us for any breach of that warranty and representation.

Where you post or upload any material to our Website such material will be considered by us to be non-confidential and non-proprietary and, as such, we will have the right to use, copy, distribute, sell and disclose any such material to third parties for any purpose whatsoever, including for commercial gain. We also reserve the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

We have the right to, and shall, remove any material or post you make on our Website if, in our absolute opinion, it does not comply with the content standards set out below.

Prohibited uses of our Website

You may use our Website only for lawful purposes. You may not use our Website in any way that breaches any applicable local, national or international law, order, directive, regulation or any similar restriction or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose, intent or effect nor to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below and the other Terms. You may not use our Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (commonly known as “spam”) or to knowingly transmit any data, or to send or upload any material that contains viruses, trojans, worms, logic bombs, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware in any adverse way.

Content standards

All material which you contribute to our Website or which you submit to us for publication using our Website, and to any interactive services associated with our Website, including any regulatory announcement, (“contributions”) will be subject to the following content standards.

The standards apply to each part of any contribution which is made as well as to it as a whole.

Where a contribution states facts, those facts must be accurate and complete, and where it states opinions, those opinions must be genuinely and honestly held by you. It must not be misleading, false or deceptive and it must comply with all applicable laws and regulations not only in Australia but also in the country from which it is posted or uploaded. It must not be used to impersonate any person, or give the impression that it emanates from us.

No contribution should contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory. It must not promote any illegal activity or advocate, promote or assist any unlawful act including, by way of example only, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. It must not infringe, or advocate the infringement of, any copyright, database right or trade mark of any other person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Any contribution which is threatening or which abuses or invade another’s privacy, or causes annoyance, inconvenience or needless anxiety or contains anything likely to harass, upset, embarrass, alarm, annoy or deceive any other person is also strictly prohibited by these content standards.

Suspension and termination

We will determine, in our sole and absolute discretion, whether there has been a breach of our content standards or the other Terms through your use of our Website. Failure to comply with our content standards or the other Terms constitutes a material breach of these Terms following which we may withdraw your right to use our Website and/or remove any post or material uploaded by you to our Website (in both cases either temporarily or permanently). We may also take such further or other action as we deem necessary or appropriate including, by way of example only, issuing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, all reasonable administrative and legal costs) resulting from your breach and we may disclose such information to law enforcement authorities as we feel is necessary.

We exclude liability for actions taken in response to breaches of our content standards or other Terms. The responses which we might take and which we have highlighted are not limited, and we may take any other action that we deem necessary or appropriate.

Viruses

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

We will report any breach of this provision to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

You also agree that you will not access without authority, nor interfere with, damage or disrupt, any part of our Website or any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment, network or software owned or used by any third party.

We do not warrant that our Website will be secure or free from bugs or viruses and we accept no liability for any damage that might result from the transmission of any bugs or viruses via our Website. It is your responsibility to ensure that your information technology, programs and equipment are properly configured to enable you to access our Website and that they have appropriate and up to date virus protection software installed.

Third party websites

This Website contains hypertext links to other websites that are owned or operated by parties other than APIR and are included for your convenience only. APIR has no control over, and is not responsible for, the content or availability of any such third party websites. Inclusion on this Website of a hypertext link or other link does not imply any recommendation or endorsement of the material or content on such websites by APIR, nor any association with their operators. APIR will not be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim action, damage, expense or fees (including legal fees) caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on such external websites.

Links to our Website

Hypertext links or other links to our Website are strictly prohibited without our prior written consent. If you wish to provide a link to our Website you should seek consent from us by email to lei@apir.com.au.

Severability

In the event that any Terms or provisions herein shall be determined to be illegal, invalid, or unenforceable in whole or in part for any reason whatsoever such illegality, unenforceability or invalidity shall not affect the enforceability or validity of the remaining Terms or provisions or parts thereof which shall continue to be binding and enforceable.

Changes to these Terms

APIR may revise these Terms at any time by updating this document on the Website. You should visit this document on the Website from time to time to review the current (at the time of publishing) Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on other specific pages of this Website.

We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

Governing law

This Website will be governed by the laws of the Australian Capital Territory. When you use the Website, you accept that your use of the Website, any information on the Website and these Terms, will also be governed by the laws of the Australian Capital Territory.

Any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Australian Capital Territory and the courts of the Australian Capital Territory will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, although we retain the right to bring proceedings against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction.

 

Last Updated: 21/05/2015