The Catenian Association - Privacy Policy

Terms and Conditions

Thank you for visiting our website. This website is owned and operated by the Australian National Council of the Catenian Association (ABN 30 775 683 220). By accessing and/or using this website and related services, you agree to these terms and conditions, which include our Privacy Policy (available at ANC Privacy Policy 20191023) (Terms and Conditions) as amended by us from time to time.  You should review our Privacy Policy and these Terms and Conditions carefully and immediately cease using our website if you do not agree to these Terms and Conditions.

1. Interpretation

Where the context allows, in these Terms and Conditions:

(a) A reference to the website means and all its contents, including but not limited to all:

(i) imagines, symbols, icons, logos and trade marks;

(ii) data gathering and extracting tools;

(iii) other text, pictures, video, audio, information, tools and software, that appears on the website.

(b) A reference to 'us', 'we' and 'our' means the Australian National Council of the Catenian Association (ABN 30 775 683 220) and our related bodies corporate, including our officers, agents, employees, and other contractors.

(c) A reference to 'you' means the person accessing the website and includes all his or her principals, employers, partners, officers, agents and employees.

2. Access and Use of this Website

(a) You must only use this website in accordance with these Terms and Conditions and any applicable law.

(b) You must not (or attempt to):

(i) interfere with or disrupt this website or the servers or networks that host this website;

(ii) use data mining, robots, screen scraping or similar data gathering and extraction tools on this website;

(iii) interfere with security-related or other features of this website;

(iv) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy; or

(v) falsely represent to others that you or your association is affiliated or associated with us or this website;

General Disclaimers

(a) The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered.  While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website.  You should monitor any changes to the information contained on this website.

(b) We are not liable to you or anyone else for any loss suffered (including any interference with or damage to computer systems) in connection with the use of this website or a linked website.  You must take your own precautions to ensure that whatever you select for your use of our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

(c) We may, from time to time and without notice, change or add to the website (including the Terms and Conditions) or the information, products or services described in it.  However, we do not undertake to keep the website updated.  We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

(d) Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained.  Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

(e) These general disclaimers are not restricted or modified by any of the following specific warnings and disclaimers.

4. Intellectual Property Rights

(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).  

(b) Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content.  However we do grant you a limited, revocable and non-exclusive licence for the sole purpose of accessing the website and viewing the Content pursuant to these Terms and Conditions, and as expressly authorised by us and/or our third party licensors where applicable.

(c) This website is for your personal, non-commercial use only.  Other than for the purpose of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), other legislation and judge-made laws that apply in New South Wales, Australia, you may not, in any form or by any means:

(i) modify, copy, distribute, transmit, display, perform, reproduce, broadcast, decompile, disassemble, download, copy, store, print, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website;

(ii) use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website

(iii) commercialise any information, products or services obtained from any part of this website, without our prior consent in writing.

(d) If you breach these Terms and Conditions, your licence to use the website and access the Content will terminate forthwith and will not be re-issued without our written consent.

5. Hyperlinks, Framing and Metatags

(a) We grant you a limited, revocable and non-exclusive right to create a hyperlink to the homepage of the Website.

(b) The hyperlink you created must not portrait us, its products, services and programs or this website in a misleading, derogatory or offensive manner.

(c) In creating the hyperlink, you must not use any image, logo or trademark on the website without our prior consent in writing.

(d) Where the website offers a hyperlink to another website (Linked Site), you acknowledge and agree that:

(i) we make no representation or warranties whatsoever regarding the Linked Site or any of it content;

(ii) we make no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this website or any Linked Site;

(iii) we are not responsible for any information or opinions published on any Linked Site; and

(iv) in no event will we be liable to any party for any direct, indirect, special or other consequential damages from any use of this website, or on any other linked Site, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

(e) By accessing the Linking Site through a hyperlink on this website, you warrant to us that you have made your own enquiries and satisfied yourself regarding the suitability, reliability, security and other relevant matters regarding the Linked Site or its content and you release us and hold us harmless against all damage or loss that you suffer as a result of accessing the Linked Site.

(f) Subject to clause (a), you must not, without our prior consent in writing:

(i) frame or use framing techniques to enclose any part of this website;

(ii) use any metatags or similar tags that contain our name or any of our trademarks; or

(iii) create a hyperlink to this website.

6. Your Account

(a) You may need to be a registered member to access certain features and Content of our website.

(b) To create an account, you must:

(i) be at least 18 years of age;

(ii) possess the legal right and ability to enter into a legally binding agreement with us; and

(iii) agree and warrant to use the website in accordance with these Terms and Conditions.

(c) When you register and activate your account, you will provide us with personal information such as your name and email address and telephone number.  You must ensure that this information is accurate and current.  We will handle all personal information we collect in accordance with our Privacy Policy.

(d) When you register and activate your account, we will provide you with a user name and password.  You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.       

(e) You acknowledge and agree:

(i) to abide by all applicable local, state, national and international laws and regulations when accessing your account or when sending information from your account; and

(ii) that where a person logs onto your account by providing your username and password, to be solely responsible for any action taken or omitted by that person whilst that person is logged into your account whether or not that person is actually authorised to access your account.

(f) If you become aware of someone using your username and password without authorisation, you must contact us immediately and change your password following the instructions on the website.  You will be solely liable for all transactions and action undertaken prior to notifying us of any unauthorised use of your account.

(g) We may, at our absolute discretion, terminate your account if you have provided us any false or misleading information or if you have breached these Terms and Conditions.

7. Posting of Reviews, Comments and other Communications

(a) We may allow you to post reviews, comments and other comments on the website or you may submit suggestions, ideas, comments, questions or other information to us from time to time, by email or other means (Posts).

(b) The content of your Posts must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties and must not consist of or contain any computer viruses, political campaign messages, commercial solicitation, chain letters, mass mailings, or any form of SPAM.

(c) When submitting a Post, you must not use an email address that you do not own or control, impersonate any other person or entity, or otherwise be misleading as to the origin of the Post.

(d) Subject to clause 7(g), if you do submit a Post, you expressly grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.

(e) You represent and warrant to us that:

(i) you have the right to:

(A) use and publish the content of your Posts; and

(B) allow us to use the content of your Posts pursuant to these Terms and Conditions;

(ii) the content of your Posts is accurate and not defamatory, and does not infringe the intellectual property rights of third parties; and

(iii) the use and publish of the content of Post by you will not breach any term of these Terms and Conditions.

(f) You will indemnify us against all claims, damages, loss or injury as a result of you breaching any:

(i) warranties contemplated by clause 7(e); or

(ii) other of these Terms and Conditions of Use.

(g) We will not publish or disclose your account information to any third party and if your Post contains any such information, the right contemplated in clause 7(d) is excluded to the extend of such information.

(h)You acknowledge and agree that:

(i) we may edit or remove the content of any Posts, but is not obliged to do so; and

(ii) we have no responsibility or liability to you for the content of any Posts, whether posted by you or any other party.

8. Warranties

(a)To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

(b)We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

9. Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

10. Indemnity

Without limiting the operation of any other provisions of these Terms and Conditions, you agree to indemnify us and hold us harmless from all claims, demand, damages or loss (including legal costs on a full indemnity basis) incurred by us as a result of, or flows naturally from, your breach of these Terms and Conditions.

11. Jurisdiction and Governing Law

(a) These Terms and Conditions are governed by the laws of New South Wales, Australia, not including conflict of law provisions.

(b)You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

12. Severability

If any part of these Terms and Conditions is or becomes legally ineffective, invalid or unenforceable, the effectiveness, validity or enforceability of the remainder will not be affected.

These Terms and Conditions were last updated on October 23, 2019

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