Website Terms and Conditions
Please read these terms and conditions carefully before using this Website or our services. If you don’t agree to be bound by these terms and conditions you must cease use of our Website immediately.
1. This website, www.impactboom.org and its content (“Website”) is owned or licensed by Impact Boom Pty Ltd ABN 39 627 347 899 trading as Impact Boom (“us, our or we”).
2. Your use of this Website constitutes your agreement to be bound by these terms and conditions and all other terms, conditions and disclaimers on the Website (the “Website Terms and Conditions”). By continuing to use this Website, you agree to be bound by the Website Terms and Conditions. If you do not agree to the Website Terms and Conditions, you must stop using the Website immediately.
3. We may vary, add, change or delete any part of the Website Terms and Conditions, or the Website, at any time, and for any reason without prior notification to you, and we will not be liable in any way for possible consequences of such changes. You are responsible for reviewing all information provided on this Website including these Website Terms and Conditions each time prior to using this Website.
Use of Website
4. You must comply with all laws in connection with your use of this Website. You must not do any of the following:
· Data mine or conduct automated searches on this Website;
· Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this Website:
· Use this Website or any information made available through this Website to send unsolicited emails or other messages without our prior consent
· Use of any automatic device or manual process to monitor or copy any part of the Website;
· Incorporate any of the content on this Website with any other material, including advertising or promotional material;
· Create links from this Website to any other website on the internet, or frame or mirror this Website; or
· Tamper with or make unauthorised modifications to this Website or the content of this Website.
5. Content disclaimer: Information on this Website is compiled from various sources. Accordingly, we warn you that information on this Website may not be true, accurate, up-to-date, complete and not misleading. We do not invite reliance upon and does not accept responsibility, or liability for information provided within or associated with, this Website.
6. No professional advice: The information provided on this Website or otherwise in connection with this Website (including our products and services offered via this Website) is of a general nature only and is not intended to replace professional advice tailored to your particular circumstances. In particular, we do not provide legal or financial advice.
7. No warranty or guarantee: You use this Website at your own risk. To the extent permitted by law, this Website is provided to you on an “as is” and “as available” basis without guarantee or warranty of any kind express or implied. To the extent permitted by law we exclude any express or implied warranties or guarantees under statute or general law in connection with this Website and any associated goods or services.
8. Third party information: This Website contains third-party information and links to other websites as a convenience to you. We do not control, endorse, check or approve third party information or content or information or content on linked websites. A link to another website does not imply any endorsement of that website or its products or services.
9. No guarantee of uninterrupted or fault free use: You acknowledge that access to this Website may be interfered with or affected by numerous factors, many of which are outside our control (including, without limitation malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Your access to this Website may not be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this Website.
10. No guarantees: Whilst we do our best to ensure that the information on our Website is accurate and up to date, we cannot guarantee that all offerings, products, services or events on our Website are currently available and we will not be liable to you should any of the aforementioned still advertised on our Website, no longer be available.
Website content (intellectual property)
© 2017-2018 Impact Boom Pty Ltd trading as Impact Boom. All rights reserved.
11. We own or are a licensee of all copyright and other intellectual property on this Website (including, without limitation all information, articles or text, graphics, software, recordings and trade marks (if any) on this Website (the “Website Content”).
12. You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Website Content in any way except for your own personal, non-commercial, use, information, research or study (but only if you keep all Website Content intact and in the same form as presented on the Website Website).
13. Impact Boom® is a registered trade mark and registered business name of Impact Boom Pty Ltd trading as Impact Boom.
14. All trade marks appearing on this Website are the property of their respective owners.
This section applies to any person or business that uses our Website to upload information including profiles, or where you otherwise consent to your information or content being published on this Website for any other reason (eg to provide a testimonial or to promote one of our events).
15. You may from time to time provide us with your content including photographs or recordings including of your voice or image, your business logo, profile, promotional material, or other information about you and your business, your clients, suppliers or customers, and your products or services. Such content may also include but not be limited to, comments, articles, papers, designs, artwork, blogs, or event listings (collectively all of the content referred to in this paragraph is herein referred to as “your content”).
16. Subject to the rights and licence under these Website Terms and Conditions and unless agreed otherwise, you retain all right, title and interest in your content. This means that copyright in your content will remain with you and that you can continue to use the material in any way. By submitting your content to us, you automatically grant to us a worldwide, fully-paid, royalty-free, non-exclusive, fully sub-licensable, and transferable right and licence to use, reproduce and distribute your content (in whole or in part) as we, in our sole discretion, deem appropriate (acting reasonably). We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in your content.
17. You acknowledge and accept that your content may be published on the Website or on any of our social media pages or any other media (electronic or print). We have the right to edit, alter, delete, move or share any material, such as images, profiles, event listings, articles, blogs or comments submitted via or for upload onto the Website, so long as those amendments do not substantively alter the content. We may review your content before publishing it or reproducing it and we reserve the right in our sole discretion, to reject any of your content (in whole or part) which we deem inappropriate.
18. We reserve the right to display advertisements in connection with your content and to use your content for advertising and promotional purposes.
19. You warrant that all content that you post, upload or provide to us:
· is owned by you without encumbrance or you have the right to licence it to us;
· is complete, factual, up to date and accurate;
· does not contravene any law, regulations, industry codes or policies and in particular, does not infringe any third party right or any intellectual property right (and that you have the right to reproduce, distribute or otherwise use your content for the purposes set out in these Website Terms and Conditions and as otherwise agreed to between you and us); and
· is not of a nature that may directly or indirectly affect us, our personnel or our other contributor’s reputations or bring us, our personnel or our other contributors into disrepute.
20. If any of your content becomes out of date, is incorrect or inaccurate, or no longer complies with these Website Terms and Conditions, you must immediately notify us.
21. Nothing in this section is intended to grant us any right to disclose confidential information, without your prior consent.
22. By submitting an application to participate in the Elevate+ Program, you acknowledge and agree to be bound by these Website Terms and Conditions and the Elevate+ Program Terms and Conditions.
Our events and use of your image
23. We or our colleagues may from time to time host events that we advertise on our Website and also via third party websites such as Eventbrite. Some of these events are free to attend; others require payment. When you select the link to register for one of our events or another event advertised on our Website, you will be taken to a third-party website such as Eventbrite to complete and, where applicable, make payment. We remind you that we are not liable for third party websites including their content (clause 8).
24. Unless otherwise stated in the particular event listing, we will not refund tickets for change of mind. However, we will happily transfer those tickets to your friend or colleague with at least 24 hours’ notice. Nothing in this clause 24 is intended to displace your rights under Australian Consumer Laws.
25. When you attend our events we or our personnel may take a photograph or video recording of your image or a recording of your voice. Such recordings may be used by us on the Website, other media or in our marketing collateral to advertise or promote the event, us or our service/events generally. We may also use these recordings as part of an online program or educational workshop. If you do not wish to have your image or voice recorded and used by us please ensure that you contact us to let us know BEFORE you attend our event.
26. We provide our events to the community with a view to offering education and/or light entertainment only. None of the information provided at our events constitutes advice in any form. Rather, the information is general in nature only and we always recommend that you seek professional advice relevant to your needs and your personal circumstances. The release in clause 27 applies to our events to the full extent permitted by law.
Release and Indemnity
27. You unconditionally release us, our directors, employers and agents from all liabilities, actions, demanding loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, this Website.
28. You are liable for and indemnify us and our directors, employees, agents and contractors against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by us or our directors, employees, agents and contractors directly or indirectly in connection with: (a) your use of this Website; (b) any information you post or permit to be displayed on this Website; or (c) your breach of these Website Terms and Conditions.
Liability for your personnel
29. You are responsible for the acts and omissions of your employees, contractors and agents as if they were your own acts or omissions.
30. We comply with applicable Australian privacy laws. We do not collect your personal information to on-sell to third parties for marketing purposes.
31. When you sign up to our mailing lists or otherwise provide your contact information to us via the Website, you agree to receive communications from us including but not limited to newsletters, articles, details of events or other service offerings and any other promotional material that we may publish and distribute from time to time. You may, however, unsubscribe from our mailing lists at any time by either selecting the unsubscribe link in the electronic correspondence or by contacting us directly using the below email address.
32. If you have any questions or concerns regarding your personal information, please contact us here.
33. These Website Terms and Conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof.
34. These Website Terms and Conditions may be amended by us from time to time without prior notice to you. Please ensure you read these terms each time you use our Website.
35. These Website Terms and Conditions are governed by the laws of Queensland, Australia. You irrevocably submit to the jurisdiction of the courts of Queensland, Australia.
Enforceability and Legality
36. Any provision of, or the application of any provision of, these Website Terms and Conditions which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
37. Any provision of, or the application of any provision of, these Website Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.