Hunter Anzac Memorial Ltd

Effective Date: 01/09/2020

These terms and conditions (hereinafter "Terms") govern Your use of the following website (which is hereinafter referred to as "the Website"): www.hunteranzacmemorial.org.au

The Website is owned and operated by: Hunter Anzac Memorial Ltd (ACN 623 275 196)

These Terms constitute a binding contract between you and: Hunter Anzac Memorial Ltd (ACN 623 275 196)

In connection with your use of the Website we may also provide you with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these collectively as "the Information".

These Terms will govern your use of all pages of the Website, as well as your use of the Information.

If you continue to use the Website, you acknowledge that you have been given the chance to review the Terms. You acknowledge that you understand the Terms and that you agree to be bound by the Terms.

If you do not understand the Terms, or if you do not agree to be bound by the Terms, or if you need more time to review and consider the Terms, then you must stop using the Website immediately.

DEFINITIONS

"Australian Consumer Law" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.

"Content" means any content, writing, images, audiovisual content or other information published on the Product.

"Contract" means these terms and conditions.

"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.

"Effective Date" means the date that these Terms come into force.

"Identifying Details" means the details provided by you when registering to use the Information, including but not limited to your name and email address, a user name and a password.

"Information" means any and all of the Website, Content and Materials collectively.

"Materials" means any materials, information or documentation that we may provide to you in connection with your use of the Website including documentation, data, information developed by us or owned by us, and other materials which may assist in your use of Website.

"Parties" means both you (the user of the Product) and us (the owner of the Website) collectively.

"Terms" means these terms and conditions.

"Us", "We", "Our", "the Company" or "the Owner" refers to Hunter Anzac Memorial Ltd

"Us", "We", "Our", "the Company" or "the Owner" also includes any employees, affiliates, agents or other representatives of Hunter Anzac Memorial Ltd

"Website" means the website including all pages, all subpages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at:www.hunteranzacmemorial.org.au

"You" or "Your" refers to the user of the Website.

"Your Content" means any Content posted to or added to the Website, Content or Materials by you or by somebody authorised by you or doing so on your behalf.

1. 1. INTERPRETATION
      1. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
         1. Words referring to one gender include every other gender.
         2. Words referring to a singular number include the plural, and words referring to a plural include the singular.
         3. III. Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.
         4. IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
   2. YOUR AGREEMENT AND REPRESENTATIONS
      1. By continuing to use the Website and the Information you warrant and acknowledge that you have had the chance to review and consider the Terms, that you understand the Terms and that you agree to be bound by the Terms. If you do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately.
      2. We only agree to provide use of the Items to you if you agree to these Terms.
      3. By continuing to use the Website and the Information you represent and warrant to us that you have the legal capacity to enter these Terms.
      4. By continuing to use the Website and the Information you represent and warrant to us that you have complied with all of these Terms.

1. 2. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
      1. We may provide you with certain other information in connection with your use of the Website.
      2. Subject to compliance with these Terms, we grant you permission to use the Website, Content and Materials solely in connection with your use of the Information. The permission to use this Website is created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
      3. You may not use the Website, Content or Materials for any purpose other than in as provided under this clause, and this permission to use the Website, Content and Materials terminates upon your cessation of use of the Website or if your permission is expressly revoked by us.
   3. EXCLUSION OF LIABILITY
      1. The Website, Content and Materials are provided for general information only and may change at any time without prior notice.
      2. You accept and acknowledge that the Information may contain mistakes, errors and inaccuracies.
      3. Your use of the Website, Content and Materials is entirely at your risk. It is your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Website suits your particular purpose.
      4. Neither we, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Information.
      5. To the maximum extent permitted by law, we hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
      6. To the maximum extent permitted by law, we hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Information.
      7. To the maximum extent permitted by law, we hereby expressly exclude any liability in relation to loss of data, interruption to your business or any damages which are incidental to or arise from such loss of data or interruption to business.
      8. To the maximum extent permitted by law, we will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by you in connection with your use of the Information.

1. 2. INDEMNITY
      1. You hereby indemnify us (which, for the sake of clarity, also includes any of our employees, affiliates, agents or other representatives) and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to your use or misuse of the Information. You agree that we may select our own legal representation and may participate in our own legal proceedings if we choose.
   3. ACCEPTABLE USE
      1. You agree not to use the Website or the Information for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or the Information in any way that could damage the Website, the Items, or our general business.
   4. VARIATION OF TERMS
      1. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in our sole discretion. If you continue to use the Website following any such variation or amendment you will be deemed to have confirmed and agreed to the new Terms as varied or amended.
   5. CHANGES TO WEBSITE
      1. You acknowledge and agree that we may, in our sole discretion, vary the Content, Materials or the Website at any time.
      2. You acknowledge, agree and accept that the Website may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
   6. INTELLECTUAL PROPERTY
      1. The Information contains intellectual property that is owned by us and/or that is licensed to us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content, Materials and Goods as well as all copyrights, trademarks and other intellectual property contained in the Items (hereinafter "Company IP").
      2. You hereby acknowledge and agree that, as between us and you, we own all intellectual property rights in the Information and that nothing in these Terms amounts to a transfer of any intellectual property rights from us to you.
      3. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
      4. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from us.
      5. All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of these Terms.
   7. USER REGISTRATION
      1. You may be asked to register with us in order to use or access the Items.
      2. If You register with us, you may be asked to provide personal details such as your name and email address, as well as choosing a user name and a password ("identifying details"). These identifying details will allow you to access the Information.
      3. You acknowledge that you are responsible for ensuring the accuracy of any identifying details you provide as part of the registration process.
      4. You agree that you will not share your identifying details with any third party and if you discover that your identifying details have been compromised, you agree to notify us immediately in writing.
      5. You acknowledge that you are responsible for maintaining the safety and security of your Identifying details as well as keeping us informed of any changes to your identifying details.
   8. PRIVACY
      1. Through your use of the Website or other Items, you may provide us with some of your personal details. By using the Website and its information, you authorise us to use your information in Australia.
      2. We take our privacy obligations very seriously.
      3. Please refer to our privacy policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.
   9. REVERSE ENGINEERING AND SECURITY

You agree not to:

1. 1. 1. reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Information; and
      2. violate the security of the Information through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
   2. SPAM POLICY
      1. You are not permitted to use the website for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/ or for sending spam or unsolicited emails.
   3. GENERAL PROVISIONS
      1. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
      2. Applicable law: Your use of the Product and the Items is subject to the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
      3. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
         1. such notice is properly given if given to the other party:
            1. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.

by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.

1. 1. 1. 1. 1. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.
         2. such notice is taken to be received:
            1. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
            2. if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.
            3. if sent by prepaid post within Australia, five (5) days after the date of posting.

if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.

1. 1. 1. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
      2. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
      3. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
      4. Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements you may have with us.
   2. CONTACT US

You can contact us about these Terms using the following details: 0466 092732 executive@hunteranzacmemorial.org.au