You must agree to the following Forum Terms and
Conditions and the site Services Agreement
before you may register as a user.
Wesbuilders Discussion Forum
Terms and Conditions
The Wesbuilders Discussion Forum (Forum) and Forum associated Services
(Services) located on the Wesbuilders internet site www.wesbuilders.com.au
(Site) are provided for the purpose of allowing persons who have registered
as Wesbuilders members on the Site (Wesbuilders Members) to participate
in, and make valuable contributions to the Forum to assist other Wesbuilders
Members.
The Forum is accessible through the Site and thus the Services Agreement
entered into between all Customers and Wesbuilders when accessing the
Site (Services Agreement) also governs the Wesbuilders Member's use of
the Forum and Services.
Additional terms and conditions specific to the Wesbuilders Member's
use of the Forum and Services are contained herein (Terms and Conditions).
By accessing the Forum, the Wesbuilders Member acknowledges that the Wesbuilders
Member has read, understood and agrees to be bound by the Services Agreement
and all the Terms and Conditions.
The Services Agreement and the Terms and Conditions as well as any additional
rules and policies, together with all modifications thereto, constitutes
the complete and exclusive agreement between the Wesbuilders Member and
Wesbuilders concerning the Wesbuilders Member's use of the Forum and Services,
and supersedes and governs all prior proposals, agreements, representations
or other communications.
Wesbuilders reserves the right to modify the Terms and Conditions at
any time and will use its best endeavours to notify the Wesbuilders Member
of any such changes as published on the Site. The Wesbuilders Member agrees
to review the Terms and Conditions periodically to be aware of such modifications
and the Wesbuilders Member's continued access or use of the Forum shall
be deemed your conclusive acceptance of the modified Terms and Conditions.
Access to and use of the Forum and its contents are subject to the disclaimers,
terms and conditions set forth below, and all applicable laws, rules and
regulations in Australia, including all applicable export laws, regulations
and restrictions, all of which are subject to change and revision from
time to time without prior notice.
Wesbuilders reserves the right to terminate access to the Forum without
notice or take other actions it reasonably believes necessary to comply
with the law or to protect its rights. Any access or attempt to access
the Forum for any unauthorised purpose is strictly prohibited.
Terms and Conditions:
1. Wesbuilders Members are encouraged to notify Wesbuilders of any message
or content posted on the Forum which the Wesbuilders Member considers
objectionable. Wesbuilders shall remove any objectionable material in
a reasonable time period if, in its absolute discretion, it considers
it appropriate to do so.
2. The Wesbuilders Member represents, warrants and covenants to Wesbuilders
that: (a)the Wesbuilders Member will not use the Forum or Services to
post any material which is knowingly false and/or defamatory, inaccurate,
abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented,
threatening, invasive of a person's privacy, or in any way violates any
law; (b) the Wesbuilders Member will not knowingly subvert the functionality
of the Forum or System. This includes any action that manipulates the
underlying software application or other technologies in order to interrupt
the Services, access information or otherwise derive results that are
not consistent with the purpose of the Forum; (c) the Wesbuilders Member
will not post any copyrighted material, unless the copyright is owned
by the Wesbuilders Member. By submitting content to the Forum the Wesbuilders
Member attests that they are the original author of the work and that
any citation or appropriation of other people's work within its content
has been appropriately referenced or assigned to the Wesbuilders Member
by the owner of the copyright; (d) the Wesbuilders Member shall not use
the Forum to post unsolicited advertisements (also known as "Spam");
(e) the Wesbuilders Member shall not use the Forum to advertise commercial
interest; and (f) the Wesbuilders Member shall not impersonate or falsely
claim to represent a person or organisation.
3. Wesbuilders relies on a moderator to monitor the Forum. A breach of
clause 2 could result in suspension of the Wesbuilders Member's ability
to post content on the Forum or permanent removal of the Wesbuilders Member's
ability to access the Forum. The moderator will also determine the period
of time material posted to the Forum will remain on the Site.
4. Waiver of any provision of or right under these Terms and Conditions:
(a) must be in writing signed by the party entitled to the benefit of
that provision or right; and
(b) is effective only to the extent set out in any written waiver.
5. In these Terms and Conditions, except where the context otherwise
requires:
(a) the singular includes the plural and vice versa, and a gender includes
other genders;
(b) another grammatical form of a defined word or expression has a corresponding
meaning;
(c) a reference to a document or instrument includes the document or instrument
as novated, altered, supplemented or replaced from time to time;
(d) a reference to $ is to Australian currency;
(e) a reference to time is to Australian western standard time;
(f) a reference to a party is to a party to this agreement, and a reference
to a party to a document includes the party's executors, administrators,
successors and permitted assigns and substitutes;
(g) a reference to a person includes a natural person, partnership, body
corporate, association, governmental or local authority or agency or other
entity;
(h) a reference to a statute, ordinance, code or other law includes regulations
and other instruments under it and consolidations, amendments, re?enactments
or replacements of any of them;
(i) a word or expression defined in the Corporations Act has the meaning
given to it in the Corporations Act;
(j) the meaning of general words is not limited by specific examples introduced
by including, for example or similar expressions;
(k) any agreement, representation, warranty or indemnity by two or more
parties (including where two or more persons are included in the same
defined term) binds them jointly and severally;
(l) any agreement, representation, warranty or indemnity in favour of
two or more parties (including where two or more persons are included
in the same defined term) is for the benefit of them jointly and severally;
(m) a rule of construction does not apply to the disadvantage of a party
because the party was responsible for the preparation of this agreement
or any part of it; and
(n) if a day on or by which an obligation must be performed or an event
must occur is not a business day, the obligation must be performed or
the event must occur on or by the next business day.
If the Wesbuilders Member has any questions relating to these Terms and
Conditions, it may contact Wesbuilders at admin@wesbuilders.com.au
Services Agreement
This Services Agreement (Agreement) governs:
(a) the use of the Wesbuilders Co-operative Limited (Wesbuilders)
internet site www.wesbuilders.com.au (Site) and associated
services (Services); and
(b) the relationship between Wesbuilders and persons logging on to the Site
(Customer).
By accessing the Site or submitting a request for Services, whether as a member
or non-member, the Customer acknowledges that the Customer has read, understood
and agrees to be bound by all terms and conditions of this Agreement.
This Agreement as well as any additional rules and policies, together with all
modifications thereto, constitutes the complete and exclusive agreement between
the Customer and Wesbuilders concerning the Customer's use of the Services,
and supersedes and governs all prior proposals, agreements, representations
or other communications.
Wesbuilders reserves the right to modify this Agreement at any time and will
use its best endeavours to notify the Customer of any such changes as published
on the Site. The Customer agrees to review this Agreement periodically to be
aware of such modifications and your continued access or use of the Site shall
be deemed your conclusive acceptance of the modified Agreement.
Access to and use of the Site and its contents are subject to the disclaimers,
terms and conditions set forth below, and all applicable laws, rules and regulations
in Australia, including all applicable export laws, regulations and restrictions,
all of which are subject to change and revision from time to time without prior
notice.
Wesbuilders reserves the right to terminate access to the Site without notice
or take other actions it reasonably believes necessary to comply with the law
or to protect its rights. Any access or attempt to access the Site for any unauthorised
purpose is strictly prohibited.
If any part of this Agreement is held to be invalid, the remaining parts will
continue to be valid and enforceable.
Customer's use of the Site.
- To gain access to members-only resources and personalisation features on
the Site, members may select a user name and password that they use each time
they log in. The Customer must safeguard the user name and password from any
unauthorised use. The Customer acknowledges and agrees that in no event will
Wesbuilders be liable for the unauthorised use or misuse of the Customer's
user name or password. If, at any time, a member feels its user name or password
have been compromised, the member must inform Wesbuilders, who will reset
the user name and password in a timely manner. Customers may browse Wesbuilders'
public areas anonymously.
- Except as otherwise identified, Wesbuilders or other third parties, are
the exclusive owners of and retains all right, title and interest (including,
but not limited to, all copyrights, trade marks, patents, trade secrets, and
any other proprietary rights thereto (collectively, "Proprietary Rights"))
to all materials, including but not limited to any computer software (in object
code and source code form), data or information developed or provided by Wesbuilders
or its suppliers pursuant to this Agreement, and any know-how, methodologies,
equipment, or processes used by Wesbuilders to provide the Services to the
Customer.
- The Customer shall not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, frame in another
web page, use on any other web site, transfer or sell any information, software,
lists of users, databases or other lists, products or services provided through
or obtained from the Site for commercial purposes without the express permission
of Wesbuilders or the identified owner of the information or content. This
means among other activities, that the Customer agrees not to engage in the
practices of 'screen scraping', 'database scraping', or any other activity
with the purpose of obtaining lists of users or other information. However,
one copy of the content on any or all pages of the Site may be made by for
the Customer's personal use.
- If any Customer infringes upon the Proprietary Rights of Wesbuilders, Wesbuilders
may pursue any and all injunctive relief, equitable, and monetary damages
permitted under the law to protect or enforce its Proprietary Rights and the
Customer will indemnify Wesbuilders for all legal fees and costs incurred
in protecting and enforcing its Proprietary Rights.
- The Customer grants Wesbuilders, subject to the Copyright Act 1968 (Cth)
a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid
up right and license to use, copy, execute, reproduce, display, perform, modify,
create or have created derivative works of, transmit and distribute, internally
and/or externally, or sublicense, in any medium or distribution technology,
without accounting to the Customer and without restriction, including the
right to grant any or all of the foregoing rights and licenses to others,
any information or material, in whatever form, provided to Wesbuilders or
the Site. In addition, the Customer agrees that Wesbuilders has the right
to disclose, publish, disseminate and use, and permit others to disclose,
publish, disseminate and use, any ideas, concepts, know-how and/or techniques
that the Customer provides via the Site, for any purpose without remuneration
or accounting to the Customer, including the right to grant any or all of
the foregoing rights to others.
- Wesbuilders shall have no liability for any consequential, exemplary, special,
incidental, or punitive damages even if Wesbuilders has been advised of the
possibility of such damages. In no event shall Wesbuilders have any liability
for unauthorised access to, or alteration, theft or destruction of information
distributed or made available for distribution via the Services through accident,
fraudulent means or devices (including , without limitation, viruses, Trojan
horses, worms, time bombs, cancel bots or any other computer programming routines
that may damage, interfere with, surreptitiously intercept or expropriate
any system, program, data or personal information).
- Wesbuilders shall not in any event be liable to any Customer or to any third
party for any direct damages, lost profits, revenues, business opportunities
or business advantages whatsoever, nor for any special, consequential, indirect
or incidental losses, damages or expenses directly or indirectly relating
to the use or misuse of the Site, or the information or content, whether such
claim is based upon breach of contract, breach of warranty, negligence, gross
negligence, strict liability in tort or any other theory of relief, or whether
or not Wesbuilders is informed in advance of the possibility of such damages.
- The Customer acknowledge that electronic communications, databases and websites
are subject to errors, malfunctions, tampering and break-ins, or that use
thereof may result in damages to their systems or operations. Wesbuilders
will implement reasonable precautions to attempt to prevent such occurrences;
however, the Customer acknowledges that Wesbuilders does not guarantee such
events will not take place and that Wesbuilders will not be liable for any
such occurrences. The Customer shall be solely responsible for ensuring that
any information or content downloaded from the Site or any other website accessed
from the Site does not contain any virus or other computer software code or
subroutine designed to disable, erase, impair or otherwise damage its systems,
software or data, and the Customer shall indemnify, defend and hold Wesbuilders
harmless from any liability, claim, cost or damage arising out of any third-party
claim or suit caused by such virus or code or subroutine.
- Wesbuilders exercises no control over, and accepts no responsibility for,
third-party content of the information passing through Wesbuilders' system,
network hubs and points of presence, or the Internet. The Customer acknowledges
that Wesbuilders' systems (including any software and any other items used
or provided by Wesbuilders in connection with any services hereunder) are
provided as represented at the execution of this Agreement. Wesbuilders does
not make any representations or warranties of any kind, express or implied,
with respect to the performance of the Services or Wesbuilders' systems, including,
but not limited to, any implied warranty of merchantability, fitness for a
particular purpose, or non-infringement or any implied warranty arising by
usage of trade, course of dealing or course of performance. Wesbuilders makes
no representations or warranties whatsoever that the Services and Wesbuilders'
systems will be uninterrupted, always accessible, free of harmful components,
accurate or error-free or that any error or defects will or can be corrected.
All information and content on or obtained through the Site is provided "as
is" and without warranty of any kind by Wesbuilders. The Customer hereby
waives all other warranties relating thereto, including, but not limited to
any warranty of merchantability, fitness for a particular purpose or warranty
against interference or infringement.
- The Customer will have access to a variety of third party sources of content
through the use of the Site. Wesbuilders has made no effort to verify the
accuracy or suitability of any information contained in any such sources,
including, without limitation, any other web site that the Customer can link
to from the Site. Accordingly Wesbuilders has no liability or responsibility
whatsoever for any content provided by any other person contained on or available
through the Site. The Customer acknowledges and agrees that any access, use
or reliance on any such third party content is at the Customer's own risk.
The Customer acknowledges that, except for information, products or services
clearly identified as being supplied by Wesbuilders, Wesbuilders' does not
operate, control or endorse any information, products or services of any other
person on the Site or the Internet in any way. The Customer also acknowledges
and agrees that Wesbuilders does not guarantee or warrant that files available
for downloading from the Site or through the Internet will be free of infection
or viruses, worms, Trojan horses or other malicious code that may adversely
effect the Customer, the Customer's computer or computer systems or the customer's
data or files.
- The Customer represents, warrants and covenants to Wesbuilders that: (a)
the Customer shall not violate, misappropriate or infringe any Proprietary
Rights or any other personal, privacy or moral right arising under the laws
of any jurisdiction of any person or entity, nor shall same constitute a libel
or defamation of any person or entity; (b) the Customer will not in using
the Services cause any harmful components, including, but not limited to,
viruses, trap doors, hidden sequences, hot keys, or time bombs to effect the
Site; (c) the Customer has all right, power and authority necessary to enter
into this Agreement; (d) the Customer shall comply with all applicable laws,
rules and regulations (including, but not limited to, export control, decency,
privacy and intellectual property laws); (e) the Customer shall not use the
Site in any manner that could damage, disable, overburden, or impair the Site
or interfere with any other party's use and enjoyment of the Site; (f) the
Customer shall not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the Site; (g) the Customer shall maintain appropriate security controls over
all passwords provided by Wesbuilders.
- The Customer will indemnify, hold harmless, and defend Wesbuilders and all
employees, officers, directors and agents of Wesbuilders and any of its affiliates
from and against any and all claims, suits, actions, demands or proceedings
(whether threatened, asserted, or filed) and all related damages, losses,
liabilities, cost and expenses (including, but not limited to, reasonable
attorneys' fees) arising out of or relating to: (a) any violation or breach
by the Customer of any term, representation or warranty, or policy of this
Agreement; (b) the Customer's unlawful or improper use of the Services; (c)
any damages caused to Wesbuilders' Systems by the Customer; (d) any actual
or alleged violation of any Proprietary Rights or non-proprietary rights (including,
but not limited to, defamation, libel, rights of privacy or publicity) by
the Customer.
- Wesbuilders collects data to improve its Site content; to respond to visitors'
interests, needs, and preferences; and to develop new products and services
for its members. Wesbuilders respects the privacy of Customers, members and
other visitors to the Site and will take reasonable precautions to protect
the information it obtains from the Customer from loss, misuse, unauthorised
access or disclosure or use, or alteration or destruction, of that information
and from recruiters, direct marketers, or any other unsolicited contact outside
of its stated mission. Further, Wesbuilders will not distribute or sell information
to any third party with the intent of direct marketing or any purpose outside
its stated mission of promoting networking and knowledge sharing among its
members. Wesbuilders will have no liability to the Customer or any third party
to the extent such reasonable precautions are taken.
- Contact information (in databases and on other Web pages) on the Site is
provided to members for the sole and express purpose of improving their use
of membership and their ability to network with other members. Unauthorised
copying or redistribution of information found anywhere on the Site or use
of company names for recruiting or direct marketing purposes is strictly prohibited
and could result in suspension of the Customer's Wesbuilders membership.
- The Customer acknowledges and agrees that, subject to the Privacy Act 1988
(Cth), Wesbuilders may make available information the Customer provides or
that Wesbuilders otherwise maintains to such public or private third parties
as applicable laws require or permit. Wesbuilders may, subject to the Privacy
Act 1988 (Cth) disclose personal information or information regarding the
Customer's use of the Services or web sites accessible through the Services,
if, in its sole discretion, Wesbuilders believe that it is reasonable to do
so to satisfy laws, regulations, or governmental or legal requests for such
information; to disclose information that is necessary to identify, contact,
or bring legal action against someone who may be violating Wesbuilders; to
operate the Services properly; or to protect Wesbuilders and its Customers
and members.
- The Customer hereby consents to any and all such disclosures and use of,
and guidelines, limits and restrictions on disclosure or use of, information
provided by the Customer in connection with the use of any Services (including
any updates to such information). The Customer hereby irrevocably waives any
and all claims and causes of action the Customer may have arising from such
disclosure or use of information provided by the Customer to Wesbuilders.
- Wesbuilders reserves the right to contact the Customer as a direct requirement
of doing business with the Customer and/or the Customer's organisation. Wesbuilders'
communications will be done in accordance with the contact preferences the
Customer selects in Wesbuilders' contact profile. Wesbuilders' key contacts
may disable Wesbuilders' contact profiles for the organisation(s) he or she
represents, at which point Wesbuilders will no longer contact that individual.
It is the Wesbuilders' contact's responsibility to keep his or her personal
contact preferences up to date.
- The information and content provided on the Site and the Customer's access
of the Site does not create a client-consultant or any other professional
relationship between the Customer and Wesbuilders. The information and content
provided on the Site are not intended to be relied upon for making business,
investment or other decisions.
- Waiver of any provision or right under this Agreement:
(a) must be in writing signed by the party entitled to the benefit of that
provision or right; and
(b) is effective only to the extent set out in any written waiver.
- In this agreement, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes
other genders;
(b) another grammatical form of a defined word or expression has a corresponding
meaning;
(c) a reference to a document or instrument includes the document or instrument
as novated, altered, supplemented or replaced from time to time;
(d) a reference to $ is to Australian currency;
(e) a reference to time is to Australian western standard time;
(f) a reference to a party is to a party to this agreement, and a reference
to a party to a document includes the party's executors, administrators, successors
and permitted assigns and substitutes;
(g) a reference to a person includes a natural person, partnership, body corporate,
association, governmental or local authority or agency or other entity;
(h) a reference to a statute, ordinance, code or other law includes regulations
and other instruments under it and consolidations, amendments, re-enactments
or replacements of any of them;
(i) a word or expression defined in the Corporations Act has the meaning given
to it in the Corporations Act;
(j) the meaning of general words is not limited by specific examples introduced
by including, for example or similar expressions;
(k) any agreement, representation, warranty or indemnity by two or more parties
(including where two or more persons are included in the same defined term)
binds them jointly and severally;
(l) any agreement, representation, warranty or indemnity in favour of two
or more parties (including where two or more persons are included in the same
defined term) is for the benefit of them jointly and severally;
(m) a rule of construction does not apply to the disadvantage of a party because
the party was responsible for the preparation of this agreement or any part
of it; and
(n) if a day on or by which an obligation must be performed or an event must
occur is not a business day, the obligation must be performed or the event
must occur on or by the next business day.
If the Customer has any questions relating to this Agreement, it may contact
Wesbuilders at admin@wesbuilders.com.au
|
