Terms

1. These terms

1.1 Application

Access to and use of this site is provided by Diversa Trustees Limited (ACN 006 421 638) (Owner– also we, us and our) on the following conditions and any other directions or rules of use on this site which may apply from time to time (Terms). When you access this site (other than to read these Terms for the first time), you are taken to have agreed to these Terms and be bound by them.

1.2 Changes

We reserve the right to change the Terms at any time by posting the changes on this site. You are responsible for keeping up to date of any changes by regularly reviewing these Terms. If you access the site after any changes are posted, you agree to all changes (including those which you are then unaware have been posted).

2. Disclaimers

2.1 General

You use this site at your own risk. To the maximum extent permitted by law, none of Owner, its affiliates or any of their respective employees, agents, third party content providers or licensors makes any express or implied representation or warranty about, or will be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

2.1.1 any reliance on the completeness, accuracy, suitability or currency of the site or its content.

2.1.2 any failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

2.1.3 accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk.

2.1.4 defamatory, threatening, offensive or unlawful conduct of third parties.

2.1.5 a breach by us of our Privacy Statement

2.2 No advice

This site is intended to provide general information only and has been prepared by us without taking into account any particular person’s objectives, financial situation or needs.

2.3 Our links to other sites

This site contains links to other sites. You agree that:

2.3.1 those links are provided for convenience only and may not remain current or be maintained;

2.3.2 we are not responsible for the content or privacy practices associated with linked sites;

2.3.3 our links with linked sites must not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked sites; and

2.3.4 you indemnify us against any loss or damage we suffer which results from your use of that other site in a way which breaches the terms and conditions which govern its use.

3. Liability

3.1 Exclusion of implied warranties

To the maximum extent permitted by law, we exclude all warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).

3.2 Limitation of our liability (if any) to you

To the maximum extent permitted by law, our total liability to you (if any) for loss, damage or reliance will be limited, at our election, to:

3.2.1 in the case of information or services supplied or offered by us for a fee – the re-supply of the information or services or payment of the cost of doing this. To the maximum extent permitted by law, we accept no, and exclude all, liability for information or services supplied or offered by us for free; or

3.2.2 in the case of goods supplied or offered by us for a fee – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. To the maximum extent permitted by law, we accept no, and exclude all, liability for goods supplied or offered by us for free.

4. Copyright and intellectual property notices

4.1 Copyright and trade mark notices

Unless expressed to the contrary all copyright, trade marks and other intellectual property rights comprised in this website and the materials appearing on it are owned or licensed by us and may not be reproduced or used without our prior written.

No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission. Other product names and images on this site may be trade marks or registered trade marks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trade marks, except as expressly authorised, is prohibited. The use by us of a trade mark on this site is not intended to indicate any association with, or endorsement by, the owner of that trade mark.

4.2 We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the site are owned or controlled, and are reserved, by us.

5. User conduct

5.1 Lawful and authorised use only

You must use this site only for lawful purposes and for the purposes explicitly outlined and authorised in this site (including in these Terms). If any part of this site requires you to provide a username and password in order to access or otherwise use any part of this site, you must keep that username and password confidential and not provide them to anyone other than us.

You are authorised to:

5.1.1 download and view content;

5.1.2 register your interest in receiving further information from us in relation to products or services we may offer to you (or invite offers from you) in the future; and

5.1.3 use the software included in this site in doing this, for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

Otherwise, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

5.2 General prohibitions

You must not use this site, or any tools or applications offered through this site, in a manner which; or up-load, post, transmit or otherwise make available through this site any material which:

5.2.1 violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);

5.2.2 is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

5.2.3 encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

5.2.4 restricts or inhibits any other user from using or enjoying this site;

5.2.5 affects the functionality or operation of this site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or

5.2.6 breaches any standards, content requirements or codes of any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

5.3 Disclaimer about others’ materials

You acknowledge that any third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

5.4 Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

6. Applicable law

6.1 Victoria, Australia law applies

This site (excluding any linked, third party sites) is controlled by us from Australia.

Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.

6.2 Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

6.3 No offers where illegality arises

Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

6.4 Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

6.5 Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).