IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME www.data3.com (“WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU AND ANY USE OF THE DATA#3 CUSTOMER PORTAL (“PORTAL”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND/OR THE PORTAL. USING THIS WEBSITE AND/OR THE PORTAL INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR THE PORTAL. THIS NOTICE IS ISSUED BY Data#3 LIMITED (“Data#3”).
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website or the Portal, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website or the Portal immediately.
1.3 Data#3 may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website and the Portal on the following basis:
(a) no documents or related graphics on this Website or the Portal are modified in any way;
(b) no graphics on this Website or the Portal are used separately from accompanying text; and
(c) Data#3’s copyright notice and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website and the Portal (including without limitation photographs and graphical images) are owned by Data#3 or its licensors. For the purposes of this legal notice, any use of extracts from this Website or the Portal other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website and the Portal automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website or the Portal.
2.3 Subject to paragraph 2.1, no part of this Website or the Portal may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Data#3’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While Data#3 endeavours to ensure that this Website or the Portal is normally available 24 hours a day, Data#3 will not be liable if for any reason this Website or the Portal is unavailable at any time or for any period.
3.2 Access to this Website or the Portal may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Data#3’s control.
4. VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from this Website or the Portal any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Australia or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website or the Portal (including, without limitation, by hacking).
4.4 Data#3 will fully co-operate with any law enforcement authorities or court order requesting or directing Data#3 to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website or the Portal are provided solely for your convenience. If you use these links, you leave this Website or the Portal. Data#3 has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. Data#3 therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website or the Portal, you do so entirely at your own risk.
5.2 If you would like to link to this Website or the Portal, you may only do so on the basis that you link to, but do not replicate, the home page of this Website or the Portal, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Data#3 logo;
(b) you do not create a frame or any other browser or border environment around this Website or the Portal;
(c) you do not in any way imply that Data#3 is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Data#3 nor present any other false information about Data#3;
(e) you do not otherwise use any Data#3 trade marks displayed on this Website or the Portal without express written permission from Data#3;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 Data#3 expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify Data#3 for any loss or damage suffered by Data#3 or any of its Related Bodies Corporate for a breach of paragraph 5.2.
6.1 Each registration is for a single user only. Data#3 does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7.1 While Data#3 endeavours to ensure that the information on this Website and/or the Portal is correct, Data#3 does not warrant the accuracy and completeness of the material on this Website or the Portal. Data#3 may make changes to the material on this Website or the Portal, or to the products and prices described in it, at any time without notice. The material on this Website or the Portal may be out of date, and Data#3 makes no commitment to update such material.
7.2 The material at this Website and the Portal is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Data#3 provides you with this Website and the Portal on the basis that Data#3 excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website or the Portal.
8.1 Data#3, any other party (whether or not involved in creating, producing, maintaining or delivering this Website or the Portal), and any of Data#3’s Related Bodies Corporate and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website or the Portal in any way or in connection with the use, inability to use or the results of use of this Website or the Portal, any websites linked to this Website or the Portal or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or the Portal or your downloading of any material from this Website or the Portal or any websites linked to this Website or the Portal.
8.2 Nothing in this legal notice shall exclude or limit Data#3’s liability for (i) death or personal injury caused by negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website or the Portal results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
9.1 This legal notice shall be governed by and construed in accordance with the law of Queensland, Australia. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Queensland courts.
Issue Date: 16 October 2012