1 About the Website
2 Australian Website
The Website may be accessed throughout Australia and overseas. Ascend makes no representation that the Content on the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the Content contained in the Website is in compliance with all laws in the place in which you are located. References to currency are in Australian dollars unless otherwise specified.
3 Information available at the Website
The Website provide general information about Ascend and Ascend’s various events, services and activities, as well as interactive facilities and content generated by users of the Website. Content is not to be taken to be professional advice and Ascend strongly encourages any users of information to seek professional advice for any content suggesting the adoption of any specific action / behaviour.
In addition, the Website may from time to time contain or make available various message services, email lists, mailout or newsletter services, social networking facilities, blogs, forums, or other tools and facilities which may be of use to you. Whilst Ascend has made every effort to ensure that any such features are accurate and free from defect, Ascend does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.
4 User conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not, without our consent, post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information or research participation from any Website user. The Website is provided for personal, non-commercial use only unless we agree with you otherwise. We may permit you to place Content on the Website (including business logos, contact details, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content including but not limited to:
- use, reproduce, modify, sublicence, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content; and
- sublicence any of those rights to third parties.
You acknowledge that Content that you send to, or attempt to include in a Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, Ascend is not liable to you or anyone else in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the receipt of information by, or the inclusion of Content in, or a failure to receive or include Content in, the Website, for whatever reason. You must not send any Content or links for inclusion on a Website which in any way whatsoever:
- is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
- infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;
- violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
- is defamatory, libellous, unlawfully threatening or unlawfully harassing;
- is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
- promotes, directly or indirectly, the use or supply of tobacco products or therapeutic goods;
- impinges on any other user’s use or enjoyment of the Website;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- contains any computer viruses or other harmful component; or
- contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).
Any Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website and Ascend accepts no responsibility for third party use of that Content. Whilst under no obligation to do so, Ascend retains the right to review, edit, and remove any information whatsoever from any part of the Website at any time and without notice to you. If you access any personal information about other individuals through the Website, you must keep that information confidential unless you have their consent. If we issue you with a password that permits you to access certain parts of this Website, you must protect the security of your password and ensure that it is not easy for others to guess. You must also protect the security of your email account used to register, as we may send password reminders to that account where we are requested to do so on one of the Website. You are solely responsible for any use of the Website through such access, whether authorised or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
5 Availability of the Website
As electronic services are subject to interruption or breakdown, access to the Website are offered on an “as is” and “as available” basis. Ascend may withdraw the Website at any time and without notice to you.
6 Links to other Websites
The Website may contain links to third party Websites. Ascend does not sponsor or endorse the operators or content of any linked Website. Subject to any applicable law which cannot be excluded, Ascend makes no warranties or representations:
(a) regarding the quality, accuracy, merchantability or fitness for purpose of any linked Website, material or products or services; or
(b) that material on linked Website does not infringe the intellectual property rights of any person. By linking to those Website, Ascend is not authorising the reproduction of material on linked Website.
7 Termination and suspension
While we have made every effort to ensure that the Content is free from error, Ascend does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. Ascend does not warrant that the Website or any linked Website will be free from viruses or defects.
10 Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Ascend, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Website, to any material on linked Websites, or to access or use of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under consumer protection laws in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):
- resupplying goods or services to you or supplying equivalent goods;
- repairing the goods; or
- paying the cost of having the goods or services resupplied or goods repaired.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.
12 Copyright and trade marks
The law applicable to the Website and to disputes arising out of the Website is the law of the State of Western Australia, Australia.