Terms of use.
Introduction
1. These Terms set out the terms of use on which you make use of the www.exploredigital.com.au website and all pages (collectively, the Website).
2. Your access to and use of the Website constitutes your agreement to these Terms as at the time of that access or use. If you do not accept these Terms, you must refrain from using the Website. Explore Digital Pty Ltd ACN 637 327 596 (Explore Digital) reserves the right to change these Terms at its discretion without notice. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms as amended.
3. Use of the information and data contained on the Website is at your sole risk. The information and data on the Website is subject to change without notice.
Intellectual property
4. All intellectual property rights in the Website, including design, text, graphics, video, logos, icons, sound recordings, algorithms and all software relating to the Website belong to or are licensed by Explore Digital.
5. Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without prior written consent from Explore Digital or, in the case of any third party material, from the owner of the intellectual property rights in that material.
Linked websites
6. All URLs on the Website are linked "as is" and are only used as references. Explore Digital does not:
Sponsor, endorse nor necessarily approve of any material on sites linked from or to the Website
Make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on sites linked from or to the Website
Make any warranties or representations that material on other websites to which the Website is linked does not infringe the intellectual property right of any person anywhere in the world; and
Authorise the infringement of any intellectual property rights contained in material in other sites by linking the Website to those other sites.
Warnings
7. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
8. You acknowledge and agree that:
We have compiled the Website based on general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information on the Website.
We maintain editorial control over the Website and may alter, amend, suspend, or cease the operation of the website at any time.
You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer or software.
Cookies
9. You acknowledge and agree that:
Explore Digital may use “cookies” to identify your computer or device and for other purposes, including to operate and personalise the Website for you
The use of such cookies may result in the collection of personal information about you, which may be used in accordance with our privacy policy; and
If you delete or refuse to accept cookies via your internet browser, we may not be able to provide you with the full functionality of our website.
Disclaimers
10. Explore Digital, its agents, officers and employees:
Make no representations, express or implied, as to the accuracy of the information and data contained on the Website and all information is made available on an “as is” basis
Make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on the Website or any linked site into another language
Make no representations as to the availability of the Website
Accept no liability for any use of the said information and data or reliance placed on it (including translated information and data)
Make no representations, either express or implied, as to the suitability of the said information and data for any particular purpose
Accepts no liability for any interference with or damage to a user's computer, software or data occurring in connection with or relating to the Website or its use or any site linked to the Website.
11. Any information which you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of the Website, you must inform us immediately.
12. If you use automatic language translation services in connection with the Website, you do so at your own risk.
13. All liability is excluded to the maximum extent permitted by law.
14. To the extent that any rights cannot be excluded (including under schedule 2 of the Competition and Consumer Act 2010 (Cth), then our liability will be limited to, at our election, the re-supply of the services or the payment of the cost of having the services supplied again.
Indemnity
15. You agree to indemnify us for all loss or damage, penalties, fines, expenses and costs arising from or relating to your use of the Website, any information that you provide to us via the Website or any damage that you may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
Governing law and jurisdiction
16. If a dispute arises regarding these Terms, the laws of Victoria, Australia apply. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute.
17. If you access the Website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.