Terms & Conditions
These Terms and Conditions (“Terms”) govern your use of our website located at www.calleapearce.com.au (“Site”) and form a binding contractual agreement (“Agreement”) between you, the user of the Site (“you”, “your”) and us Callea Pearce Pty Ltd ACN 625 793 535 (“us”, “we”, “our”). For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site. You can contact us on our contact page.
By using the Site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification of this Site. Your continued use of the Site following such notification will represent an Agreement by you to be bound by the Terms as amended.
These Terms were last updated on 6 September 2019.
1. License to use Site
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Linked Sites
2.1 This Site may contain links to other websites (“Linked Sites”), which are not operated by us.
2.2 We do not endorse, sponsor or approve any such user generated content or any content available on any Linked Sites.
2.3 We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
4.1 You must not misuse this Site. You will not:
(a) commit or encourage a criminal offense;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Site; corrupt data; cause annoyance to other users;
(d) infringe upon the rights of any other person’s proprietary rights;
(e) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(f) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
4.2 Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
4.3 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 this Site or to your downloading of any material posted on it, or on any Linked Sites.
5. Intellectual Property
5.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
5.2 The intellectual property rights in all software and content (including photographic images) made available to you on or through this Site remain our property or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
5.3 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
5.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
5.5 The licence in clause 5.4 will survive any termination of these Terms.
5.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 5.3 and 5.4.
6.1 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause 1.3.
7. Disclaimer of Liability
7.1 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy.
7.2 To the fullest extent permitted by law we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
7.3 This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8. Linking to Site
8.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2 You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
9.1 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation.
9.2 Any trade marks/names featured on this Site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
10.1 You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of the Terms.
11.1 We must have the right in our absolute discretion at any time and without notice to amend, remove or vary any page of this Site.
12.1 If any part of the Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect.
12.2 So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly.
12.3 Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
13.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
14.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
14.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
15.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
15.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
15.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
15.4 This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
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