Australian Pole Directory Website Terms and Conditions
Last updated May 24th, 2020
Introduction and Guiding Principles
Australian Pole Directory ABN 94 407 880 305 (hereafter Australian Pole Directory) provides the websites https://poledirectory.com.au and https://events.poledirectory.com.au for your educational and information purposes.
- In order to access some of the functionality of the Site, you will require an account, including a username and password.
- In these terms and conditions, the terms “you” and “your” refer to a person who uses the Site and/or has a website account.
- Your access to and use of the Site is subject to these terms and conditions. Your use of parts of the Site (including those parts of the site which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
Your Access to the Site
- You must maintain the confidentiality of all login identification name/numbers, passwords and similar information given to you (Login Information), and you must not allow or authorise any other person to use your Login Information.
- You must immediately notify us of any suspected or actual unauthorised use of your Login Information.
- You must only use those facilities on the Site which you are authorised to use and you agree not to attempt to circumvent any access restriction mechanisms on the Site.
- We may in our sole and absolute discretion, for any reason and without notice:
- alter or withdraw any functionality on the Site;
- withdraw or suspend your access to all or any part of the Site and your account;
- monitor your use of the Site;
- subject to any applicable laws, treat any material that you transmit or display as non-confidential and non-proprietary; and/or
- edit or remove any material that you have may have uploaded, posted, emailed or otherwise transmitted to the Site.
- Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
- Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
- If you make other use of the Site and/or any content, code, data or materials on the Site or available through the Site, then except as otherwise provided above, you will violate copyright and other laws of Australia, other countries, as well as applicable State laws and may be subject to liability for such unauthorised use.
What You Must Not Do
- You must not:
- use the Site in a manner that:
- is contrary to any law or which may encourage a person to act in a way which is contrary to any law;
- may result in damage to the Site or any property or equipment of Australian Pole Directory, its contractors or any partners;
- is disruptive to the participation of others or that may restrict, disrupt or inhibit any other user from using or enjoying the Site;
- endangers the health or safety of any person;
- may cause an interference to any business conducted by us;
- upload, post, email or otherwise transmit any of the following to, or through, the Site:
- objectionable material including material that is unlawful, defamatory, pornographic, vulgar, obscene, profane, threatening or material that may harass or intimidate other users;
- confidential material;
- misleading or deceptive material;
- advertising, marketing or promotional material (except where authorised by Australian Pole Directory, or included in the directory listing of an approved business);
- material which you do not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from Australian Pole Directory or any other owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder;
- material which contains a virus, or other harmful or potentially harmful code;
- download or reproduce any material from or through the Site which you know, or reasonably ought to know, is of a kind described above except as permitted by law;
- alter, damage or delete any material on the Site of which you are not the author, unless you have express permission from the author;
- impersonate any person or entity, including any Australian Pole Directory employee or representative, partner or any other user;
- breach any relevant regulations and statutes;
- hold yourself out as having any authority to act on our behalf or that of any partner; and/or
- collect or store personal information about other users in a manner which is inconsistent with these terms and conditions.
- You must obey any lawful instruction of Australian Pole Directory in using the Site.
- If you breach any of the above terms, we may undertake our own investigations and may also inform relevant law enforcement agencies of such conduct.
- use the Site in a manner that:
- If any user (each, a Supplier) uploads any data under any format onto our Site (Material) then the Supplier warrants that:
- the Supplier is the owner of the Material;
- the Material is original material, created by the Supplier;
- the Material is accurate and complete in all respects;
- the Supplier is not aware of any third party claim in relation to use or ownership of the Material; and
- the Material is not defamatory or objectionable in any respect.
- The Supplier acknowledges and agrees that:
- the Material shall be freely available to all users of the Site;
- other users of the Site may critique or comment on the Material uploaded by the Supplier, and such critique or comment may at our discretion be published on the Site;
- the name and/or the email address of the Supplier may be added to the Material, for reference or contact by any users;
- we may make any corrections, alterations or changes to all or any part of the Material as deemed necessary or appropriate; and/or
- we may remove the Material in whole or part from the Site at any time.
- The Supplier agrees that we are not liable to the Supplier if any users of the Site:
- post adverse comments in relation to Material;
- post adverse or defamatory remarks on the Site about a Supplier; and/or
- misuse any Material.
- The Supplier will upload virus free Material, will not install any spyware or spamware and will not install any software that may harm the Site or its functioning.
- By uploading the Material to the Site, the Supplier accepts that Australian Pole Directory is relying upon the warranties and acknowledgements made in these terms and conditions in permitting the Supplier to upload the Material. The Supplier indemnifies Australian Pole Directory for and against any loss suffered as a result of any breach of this clause.
- You may be able to move from our Site to third party websites (Linked Sites). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by partners or affiliates of ours.
- We do not review Linked Sites or control their content, but merely provide these links to you for your convenience. These links are not an endorsement of products, services, or information provided by such sites.
- The inclusion of these links to Linked Sites does not imply that the owners or operators of those other sites have given permission for inclusion of these links, or that there is any relationship between Australian Pole Directory and the Linked Sites. Nor do the owners of the Linked Sites endorse our Site or Australian Pole Directory.
- Australian Pole Directory is an independent company and references to other companies or institutions do not necessarily imply any partnership, joint venture, or other legal connection.
- This Site is not to be linked to any other side by the owner of any Linked Site except with our prior permission.
- Linked Sites may harvest personal information from users of these sites and/or may use such or sell information in breach of these terms and conditions. Australian Pole Directory cannot accept any responsibility for such practices as they are beyond the control of Australian Pole Directory.
Intellectual Property Rights
- Unless otherwise stated, the material published on the Site is subject to Australian intellectual property laws and you agree to abide by all copyright notices and other restrictions contained in the Site. Without limitation:
- all logos, business names, service marks and trademarks used by Australian Pole Directory are owned by Australian Pole Directory and cannot be used in whole or part without the express prior permission of Australian Pole Directory; and
- all intellectual property rights in and to this Site – including the concept, layout, design, features and functionality of the Site and all material in the Site (other than material reproduced on the Site by third parties) is the sole property of Australian Pole Directory and cannot be used, copied, modified or referred to in whole or part without the express prior permission of Australian Pole Directory.
- Access to, and use of, the Site is solely for personal and educational use (and commercial use where approved by Australian Pole Directory) and you must not modify, copy, reproduce, republish, or display any content from the Site and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by Australian Pole Directory and, where relevant, any third party owner or rights holder.
- Nothing on the Site should be construed as granting any license or right of use of any trade mark, service mark or logo displayed on the Site without the express written permission of the relevant owner or rights holder in relation to the mark or logo.
- All trademarks, business names service marks, and logos used on the Site are the trademarks, service marks and logos of their respective owners.
- You agree to personal information about you being handled in accordance with:
- any policies, directions, statements or agreements on the Site;
- these terms and conditions;
- the regulations and procedures of relevant provider institutions.
Liability and Indemnity
- To the extent permitted by law, we exclude all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Australian Pole Directory, our affiliates and partners are found to be liable for breach of any warranty or condition implied by statute and which we cannot lawfully exclude, our liability is limited (to the extent permitted by law) at the option of us to the following:
- in the case of goods supplied or offered by us:
- to the supply of those goods again;
- to the payment of the cost of having those goods supplied again;
- in the case of services supplied or offered by us:
- to the supply of the services again;
- to the payment of the cost of having services supplied again.
- in the case of goods supplied or offered by us:
- Australian Pole Directory, its related bodies corporate, its directors, its employees, its affiliates and partners accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
- your use of or inability to use the Site,
- any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Site;
- any information available on or through the Site or on or through any website to which there is a link from the Site;
- our negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, providers or partners.
- You agree that the opinions expressed on the Site by third parties are not the opinions of Australian Pole Directory, and that Australian Pole Directory or Australian Pole Directory’s affiliates and partners are not liable for any loss or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of those third party opinions.
- You indemnify Australian Pole Directory, its related bodies corporate, its officers and employees, affiliates and partners from and against all:
- liability for or in respect of any physical injury (including death) to persons;
- damage to property; and
- other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or willful action in connection with these terms and conditions, their performance, or the failure to perform them.
Modification of Terms and Conditions
- Australian Pole Directory may terminate these terms and conditions without notice at any time for any reason in its sole discretion. Clauses survive the termination of these terms and conditions in any event.
- We may modify these terms and conditions at any time and may do so by posting notice of such modifications on the Site. Any modification is effective immediately upon posting the modification on the Site. Your continued use of the Site and/or the services made available on or through the Site after any changes to the terms and conditions are posted will be considered acceptance of those changes.
- These terms and conditions will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding in respect of this agreement or the use of the Site.
- We do not represent that material on the Site is appropriate or available for use in other locations outside New South Wales. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- If any provision of these terms and conditions is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be taken to be deleted.
- If you have been referred to this Site, then by using this Site without limitation you accept that all of the acknowledgements, undertakings, warranties, representations, indemnities and releases made by you in these terms and conditions are also given for you in favour of and for the benefit of the Referrer accordingly.