Terms of Use
The Members Directory and Marketplace is a service operated by the IWFCI Website known as IWFCI and the addition of your professional / business details to the IWFCI is conditional upon your acceptance and compliance with these terms and any other specific conditions, notices and disclaimers contained in herein including the Privacy
Policy(the "Terms of Use"). Please accordingly read these Terms of Use carefully.
We can amend these Terms of Us
We reserve the right to amend the Terms of Use at any time and from time to time. Such variation will become effective immediately upon posting or on such later date as we may specify, whether or not we give you specific notice of any particular change. Your continued use of the IWFCI Website will constitute acceptance of the revised Terms of Use.
What we expect from you
You are required to:
(a) ensure that the material you create on the IWFCI Website is accurate, complete, up to date and suitable;
(b) comply with all relevant local and state laws and regulations and, where applicable, all national and international laws and regulation;
(c) respect our and other users rights including but not limited to our intellectual property rights subsisting in material available on or through IWFCI
(d) refrain from acts that waste resources or jeopardise or interfere with the use of the IWFCI Website and its members
(e) be ethical in your use of the IWFCI and comply with accepted community standards.
What you are not permitted to do
You will not:
(a) use the DOWE for illegal purposes including without limitation by posting to the DOWE information encouraging conduct that would constitute a criminal offence;
(b) post to the DOWE any material which violates any intellectual property rights (including, without limitation, patents, trademarks, trade names, copyright and design rights and whether registrable, registered or unregistered) or other rights of any person in any jurisdiction in the world;
(c) post to the IWFCI or, if applicable, any website linked to your listing in the IWFCI, any defamatory, threatening, harrassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
(d) post to the IWFCI or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
(e) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website or IWFCI;
(f) use IWFCI to engage in misleading or deceptive on-line marketing practices;
(g) use IWFCI to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or
(h) resell, rent or lease our IWFCI or use of, or access to, our IWFCI
Acknowledgments
You acknowledge that:
(a) whilst we may review or vet or exercise initial material that you or others post to the IWFCI or link to, that IWFCI provides you the ability to edit this material at anytime and therefore cannot directly supervise all published content;
(b) we are not responsible for the content or conduct of any site linked to or from the Website;
(c) the Website and/or the IWFCI may experience interruptions and access difficulties from time to time and that we will not be responsible for such interruptions or access difficulties.
Intellectual Property
(a) All intellectual property rights in data, information and materials utilised in the IWFCI or on the Website known as IWFCI including, without limitation, all software, tools, know-how, methodologies, equipment or processes, shall remain our sole and exclusive property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.
(b) By placing any information or other material in the IWFCI you grant us a non-exclusive, perpetual, royalty free, unrestricted, worldwide license to adapt, translate, analyse and publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sublicense and otherwise use such material in any manner as long as it does not identify any individual's personal or private information and does not infringe our privacy commitment. This grant includes the right to exploit all data for the purpose of generating demographic and statistical reports, intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.
Our Rights
We reserve the right to:
(a) refuse to post or to remove any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard in any way objectionable or in violation of any applicable law or the Terms of Use without notice to you;
(b) modify or discontinue any services we offer at any time without notice or liability to you other than to the extent of any amount of subscription paid by you towards the unexpired subscription period; and
(c) cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law or the Terms of Use.
Exclusion of Warranties
(a) We do not warrant that IWFCI is error or fault free or that it will meet your requirements.
(b) Except as otherwise expressly stated in these Terms of Use, we make no express or implied warranties to you and expressly exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.
Limitation and Exclusion of Liability
To the extent permitted by law:
(a) where the services we provide to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified our liability for breach of any such condition or warranty will be limited to the supply of the services again.
(b) we exclude all liability to you or any other person for any loss or damage, whether arising in contract, negligence or otherwise arising out of or in connection with any use of the Website or IWFCI or information on or provided though the Website or the IWFCI.
(c) and without limiting subclause (b), we exclude all liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if we have been advised of the possibility of such loss or damage.
Indemnity
You must at all times indemnify us and our affiliates and our suppliers and their respective officers, employees, contractors and agents ("those indemnified") from and against any loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified arising out of your use of the IWFCI and the Website or breach of these Terms of Use.
Termination
(a) The Terms of Use are effective until terminated by us, and we may terminate them and your right to post information and material to IWFCI at any time without notice.
(b) In the event of termination you are no longer authorised to add your IWFCI listing to the IWFCI Website, but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive.
(c) In the event of termination we will not be liable to you for any claims of any kind arising from removal of your IWFCI listing from the IWFCI whether on account of the loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or on account of any other cause whatsoever, except to the extent of any un-expired portion of your subscription paid up.
Circumstances beyond our control
We will not be liable for any failure or delay in the performance of our obligations to you if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure.
Notices
We may provide notices to you by email at the email ID provided by you during your account creation or as updated by you on the IWFCI. Where such email is not valid or has account limitations, filters or any other reasons for delivery failure, we will be deemed to have served notice and may use other mode of services that are feasible based on your information and as permitted by law.
General
(a) Any provision of the Terms of Use that is invalid, voidable or unenforceable will be will be deleted and the remainder will continue to have full force and effect.
(b) You may not assign any of your rights or obligations under the Terms of Use without our prior written consent. We may assign our rights or obligations under the Terms of Use at any time without notice to you.
(c) Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.
(d) A waiver by us of a provision of or right under the Terms of Use is only binding on us if it is in writing and executed by us. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.
(e) The Terms of Use are governed by the laws of Victoria, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of that State.
(f) All rights not expressly granted in the Terms of Use are reserved.
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