"Content" means the information, photographs, graphics, and other material on the Web Site.
"Installation" means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
"Services" means all or any of the services provided by us through the Web Site.
"Web Site" means our web site (ifs.net.au), and includes all web pages controlled by us.
"User" means any person who uses the Services or visits the Web Site for any purpose.
"We, us, etc" where the context permits it also includes any business company or individual who shares an interest in the sale of any goods and/or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
"You, yours etc" where the context permits it also includes any subsidiary or associated company of yours, or with any licensor, affiliate, or network partner of yours.
2. Our contract
These terms and conditions regulate the business relationship between you and us. By buying our services or using our Web Site free of charge, you agree to be bound by them.
3. Changes to terms
We may change these terms from time to time. The terms that apply to you are those posted here on our Web Site on the day you use the Web Site. It may be useful to print a copy now.
4. Acceptable use Policy
You agree to comply with these provisions:
1. You will not use or allow anyone else to use the Web Site to post or otherwise publish:
- copyright works;
- commercial audio, video or music files;
- any material which violates the law of any established jurisdiction;
- unlicensed software;
- software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;
- links to any of the material specified in this paragraph;
- pornographic material; or
- any material promoting discrimination or animosity to any person on grounds of gender, race or colour
2. You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system.
3. You will immediately notify us, of any security breach or unauthorised use of your account. You will not interfere in any way with another User(s) use of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent.
4. You will not authorise any other person to use your login details so as to gain entry to the Web Site. If you try to do so, we have the right to terminate your membership.
5. Information you give us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. You acknowledge that the information provided on the Web Site, although not tailored to your personal objectives, financial situation or needs, is based in part on the information that you provide about yourself.
6. System Security
- You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation.
- You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Web Site, or any software used on the Web Site, and that you will not permit any other person to do so.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- Examples of violations are:
- accessing data unlawfully or without consent;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- taking any action in order to obtain services to which you are not entitled.
7. Content and Intellectual Property Rights
- Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. To the maximum extent possible, we will strongly protect these rights in all countries.
- You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement (or as is otherwise necessary to obtain the Services).
- Subject to clause 4, you may post on the Web Site any Content owned by you. You accept all risk and responsibility for determining whether any Content is in the public domain. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all such rights.
- You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
You agree to indemnify us against any claim or demand, including reasonable lawyer fees, made by any third party due to or arising out of your use of the Services, the breach or violation of these terms by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications on the Web Site.
9. Interruption to the Service
- If it is necessary for us to interrupt the Services then we may do so without telling you first.
- You acknowledge that the Services may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
10. Our liability
- Your use of the Services is without any warranty or guarantee.
- We or our content suppliers may make improvements or changes to the Web Site, the Content, or to any of the products and services described on the Web Site, at any time and without notice to you.
- You are advised that Content may include technical inaccuracies or typographical errors.
- We give no warranty and make no representation, express or implied, as to:
- the accuracy of any information provided to on the Web Site by any third party content supplier;
- compliance with any law; or
- non-infringement of any right.
- We are under no obligation to monitor, vet, check or approve any material. We disclaim all responsibility for such information The Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
- In no event shall we or our content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Web Site or the Content.
- These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
11. Storage of Data
- We may from time to time store data posted by Users on the Web Site.
We assume no responsibility for the deletion of or failure to store data posted on the Web Site.
We reserve the right to modify the Services and to change these terms and conditions at any time, without notice. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the modified terms.
- You may terminate your relationship with Us at any time, for any reason, with immediate effect by sending notice to us by post or email. We reserve the right to check the validity of any request to terminate the relationship.
- We may terminate our relationship with You any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
- If the relationship between Us and You is terminated, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.
- Termination by either party shall have the following effects:
- your right to use the Services immediately ceases; and
- We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15. Action Limit
You and we agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
16. No duty to monitor
We are under no obligation to monitor or record the activity of any User for any purpose, nor do we assume any responsibility, under these terms and conditions or otherwise, to monitor or police Internet-related activities.
17. Force majeure
- Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees.
- Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
- Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
18. No Waiver
No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
19. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These terms shall be interpreted according to the laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Australian courts. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.