You acknowledge that:
1. To the fullest extent permissible by law, Proficient Strata Corp excludes all warranties in relation to any information or services available from this Site and disclaims all liability arising out of or consequent on:
-any use of, reliance on, or access by you to, any information or services available from, or through, this Site; and
-any computer virus which occurs as a result of accessing this Site.
2.Although the information on this Site has been obtained from and is based upon our records, Proficient Strata Corp makes no warranty or representation and assumes no responsibility for the accuracy, performance, suitability, reliability, timeliness, completeness or preservation of any of the information on this Site.
3. Any information provided through this Site shall not be deemed to supersede or replace reports transmitted by Proficient Strata Corp to you.
4. Proficient Strata Corp does not represent that the information or services on this Site, or the server that makes them available, are error-free or virus-free or that your access to this Site will be uninterrupted. You access and use this Site and the information and services available on it at your own risk.
5. Proficient Strata Corp does not guarantee that it will continue to make the information and services on this Site available to you, whether by the same methods currently used or otherwise. You agree not to hold Proficient Strata Corp liable for any damages arising from a discontinuation or modification of all or part of this Site or information or services contained on it.
1. To the fullest extent permissible by law, Proficient Strata Corp excludes all warranties in relation to any information and services on this Site and is not liable to you or any other person for any costs, expenses, loss, damage or liability directly or indirectly suffered by you (including as a result of a claim by a third party) as a result of your operation, use or misuse of this Site, or by your reliance on any information or services available from this Site.
2. Proficient Strata Corp acknowledges that the Competition and Consumer Act 2010 (Cth) and other State or Commonwealth legislation may imply certain conditions and warranties which may not be excluded, limited, restricted or modified by any agreement. Except to the extent that these laws cannot be excluded, Proficient Strata Corp limits its liability to the resupply of services (or paying the reasonable costs of having the services resupplied), or the replacement or repair of goods (or payment for the goods to be replaced or repaired).
You agree at all times to indemnify, and keep us indemnified, from and against any loss (including legal costs and expenses) or liability incurred by any of us (directly or indirectly suffered) arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with, or in respect of:
1. your reliance on this Site or the information or services on the Site; and
2. any breach of this Agreement by you or your employees or agents.
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
1. You acknowledge that all content on this Site (which includes the information and services) is subject to copyright and other Intellectual Property Rights.
2. You must not:
-yourself, or participate in or permit any other person to sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, transmit, repost or otherwise use any of the content of this Site in any way for any public or commercial purpose without our prior written consent;
-reverse engineer any content consisting of software; or
-infringe the Intellectual Property Rights of any person in using this Site.
3. Nothing you do on or in relation to this Site will transfer any Intellectual Property Rights to you, or license you to exercise any Intellectual Property Rights, unless this is expressly stated.
4. You may reproduce any part of the content for your own personal use. However, if you do so, you must acknowledge Proficient Strata Corp’s copyright in that content, or any other holder of Intellectual Property Rights in that content and retain all markings which indicate the origin of the content.
5. You must not use the information or services or this Site for any unlawful purpose, and you must comply with any request of Proficient Strata Corp or any of its third party providers to protect their respective rights in the information, services and this Site.
5. PRIVACY AND RECORDING
In using this Site you agree that we may:
2. record, retain and use all other information and data that you input.
6. ACCESS AND PRESENTATION OF SITE
You acknowledge that we may, in our sole discretion:
1. vary this Site, services or any other information available on the Site, or any part of them;
2. modify or discontinue any part of this Site, the services or any other information available on the Site; and
3. without notice, deactivate all or part of this Site or the services to carry out system maintenance, upgrading, testing or repairs.
Proficient Strata Corp will use reasonable precautions to maintain the confidentiality of the information you have provided us and information you have created, input or developed in connection with your use of the Site, but because such information can be accessed through the Internet, you acknowledge and agree that there can be no assurance that this information, or any information provided to you through the Site, will remain secure.
Proficient Strata Corp may terminate this Agreement and your access to this Site at any time.
9. GENERAL PROVISIONS
1. Proficient Strata Corp may at any time amend this Agreement and all related attachments, by posting the amended terms or attachments on this Site. By continuing to access the Site after any of the amendments have been posted you agree to be bound by the amended Agreement or other amended terms or attachments as may be applicable.
2. If any part of this Agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
3. You may not assign this Agreement or your rights and obligations under it without the written permission of Proficient Strata Corp which may be withheld in Proficient Strata Corp’s absolute discretion. Proficient Strata Corp may assign this Agreement or any of its rights or obligations under it to any third party.
4. This Agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia
In these terms and conditions:
Site means www.proficientstratacorp.com.au
We or us means Proficient Strata Corp Australia Pty Ltd (ABN 55 623 491 038) of Level 5,11 Queens Rd, Melbourne, Vic, 3004, Australia, including our subsidiaries and our directors, employees and officers and those of our subsidiaries.