This website located at www.nanager.com.au (“Website”) is owned and operated by us, Nanager Pty Ltd (“we”, “us”).A. ABOUT US
In these Terms the following definitions shall apply: “Content” means any and all text, artwork, drawings, photographs, audio materials, visual materials, audio/visual materials, software, and graphic user interface design that appears on the Website; “Registration Data” means information provided by you to us in order to register to access certain sections of this Website, including but not limited to name, date of birth, contact details.
- 2.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
- 2.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
- 2.3 You must not add any Content to the Website:
- (a) unless you hold all necessary rights, permissions, licences and consents to do so;
- (b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- (d) that would bring us, or the Website, into disrepute; or
- (e) that infringes the intellectual property or other rights of any person.
- 2.4 We reserve the right at our sole discretion to remove or modify any Content added by you to the Website at any time.
- 2.5 The Website contains links to other websites as well as Content added by people other than us. We do not endorse, sponsor or approve any such user generated Content or any Content available on any linked website.
- 2.6 You may share and embed links from our Website on third party websites however we wholly reserve the right to remove and/or to request the removal of any such links at our sole discretion.
- 2.7 Except as expressly permitted by these Terms, any:
- (a) modification or other use;
- (b) sale;
- (c) redistribution in any form or medium of the Content is prohibited without the prior written permission of us.
- 2.8 You acknowledge and agree that:
- (a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
- (b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- 3.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
- 3.2 By posting or adding any Content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, by reproducing, changing, and communicating the Content to the public) and permit us to authorise any other person to do the same thing.
- 3.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- 3.4 The licence in clause 3.2 will survive any termination of these Terms.
- 4.1 To access certain parts of this Website, you may need to register as a member by providing us with certain Registration Data as requested.
- 4.2 In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the verity, completeness and accuracy of your Registration Data as necessary and/or as required by us.
- 4.3 If you do provide us with Registration Data:
- (a) you may receive emails from us confirming the details of your registration and any purchases from the Website made by you, and providing you with necessary information relating to your access and use of the Website and any purchases from the Website made by you;
- (b) from time to time we may e-mail you with messages about our services or third party products and services we believe may be of interest to you, such as new products, features, services, special offers and updated information. The newsletters may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your site experience and/or provide customised e-mail communications to you;
- 5.1 You use this Website at your own risk.
- 5.2 Content and other information on this Website is provided as general information only. It is not intended as advice and must not be relied upon as such.
- 5.3 We do not make any representations or warranties as to the reliability, accuracy or completeness of the Content on this Website, nor do we accept any responsibility arising in any way from errors or omissions.
- 6.1 To the full extent permitted by law, we exclude all liability for any direct or indirect damages in respect to any:
- (a) loss of data;
- (b) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party;
- (c) errors, mistakes or inaccuracies of content;
- (d) personal injury or property damage, of any nature whatsoever, resulting from access to and use of our Website;
- (e) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- (f) interruption of business or any consequential or incidental damages.
- 6.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- 6.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- (a) in the case of goods:
- (i) the replacement of the goods or the supply of equivalent goods;
- (ii) the repair of the goods;
- (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- (iv) the payment of having the goods repaired, and
- (b) in the case of services:
- (i) the supply of the services again; or
- (ii) the payment of the cost of having the services supplied again.
- (a) in the case of goods:
- 7.1 You represent and warrant to us as follows:
- (a) you have the legal capacity to enter these Terms;
- (b) you are of at least fifteen (15) years of age;
- (c) you understand that all content on this Website is for informational purposes only, and is general advice, not intended to be relied upon to offer a solution to a specific problem or as a substitute for the advice of a qualified professional;
- (d) you understand that we do not recommend use of the content on this Website as a substitute for seeking professional advice in relation to any such problems;
- (e) you understand and acknowledge that your conduct, including your use of this Website, is governed by laws in your jurisdiction(s) and that you must abide by those laws;
- (f) you have complied with and will continue to comply with clause 2.3;
- (g) you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.
You agree to indemnify and hold us, our officers, directors, shareholders, employees and agents (each an “Indemnified Party”) harmless from and against all costs, damages, loss or expenses incurred by an Indemnified Party due to or arising out of or in connection with your use of the Website and/or any breach or non-performance of any of your agreements, representations, undertakings and warranties in this Agreement.
- 9.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.
- 9.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
On occasion, technical problems may delay access to our Website and/or our Content, and whilst we will endeavour to avoid and/or fix such problems, You agree that any such disruptions shall not constitute a breach of this Agreement.11. Taxes
You acknowledge and agree that any and all fees payable by you are exclusive of any applicable sales, use, withholding or other transactional taxes, including but not limited to any Goods and Services Tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). You agree that you will pay all such applicable taxes.
- 12.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
- 12.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- 12.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- 12.4 This Agreement is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
- 12.5 This Agreement is governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria.