1 Your agreement with us
1.1 The website www.NativUC.com.au (Website) is owned and operated by NativUC Pty Limited (ACN 640 054 673) (NATIVUC).
1.5 Except to the extent that these terms apply or as required by law, your use of the Website and receipt of any information from us does not create any legal relationship between you and us. 2 Use of the NativUC Website and Access
1.5 You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.
2 Your Obligations
2.1 By accessing and using the Website you warrant and agree that you will: 1. only use it to view, cache, browse, display, print or download a copy of any content featured on the Website to your computer; 2. use it for your own personal purposes and not for any purposes that are unlawful or may prejudice our reputation or interests of NativUC and not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
2.2. not hack into, change or otherwise knowingly transmitting a virus or otherwise damage the Website or any information contained within it.
2.3. not use the Website for any activity which is obscene, indecent, offensive or defamatory.
2.4. refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website.
2.5. refrain from uploading onto the Website any material or use the Website in any way:
a. which infringes the intellectual property rights of any person; or
b. which is unlawful or violates any law.
4 Technical information and Security
4.1 The transmission of data over the internet is not always secure. Although we endeavour to secure the Website, we are not liable for any breaches of security and you use the Website entirely at your own risk.
4.2 We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
4.3 Your ability to access the Website will depend on factors out of our control and we do not take any responsibility or provide any warranties that the Website will be accessible through all web borrowers or that it will be accessible at all times.
4.4 You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
5 Intellectual Property
5.1 The Website contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
5.2 You should assume that intellectual property on the Website is owned by NativUC or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent. 6 Suspension or Termination of Access
6 We reserve the right to suspend or terminate access to the Website at our sole discretion if we believe there has been a breach of these Terms. When that happens, we will endeavour to notify you of the breach and ways in which you can remedy them.
7 Third Party Websites and Third-Party Content
7.1 This Website contains links to third party websites. We are not responsible for the operation, security levels, content or any other aspect of any third-party websites.
7.2 Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services. We make no representations or warranties and are not liable for the content or accuracy of any information contained in linked websites and third-party websites.
7.3 You must make your own enquires as to the suitability of the content of third-party websites and the goods and services available for sale on them.
8.1 You may provide comments, feedback, ideas or suggestions through the Contact Us section of the Website (Comments).
8.2 By uploading, transmitting, posting or otherwise making available any Comments you:
a. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Comments for any commercial or non-commercial purpose.
b. warrant that in providing your Comments will not have breached any laws or regulations or these Terms; and
c. you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Comments.
8.3 We reserve the right (but have no obligation) to:
a. prevents the upload, transmission, posting or otherwise making available any Comment from a user of the Website.
b. review, modify, reformat, reject or remove any Comments uploaded, posted, transmitted or otherwise made available through the Website that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
c. monitor the use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.
8.4 You agree to accept full responsibility for any Comment you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Comment uploaded, posted, transmitted or otherwise made available on the Website.
8.5 You must not post Comments containing links or references to other services.
8.6 By allowing you to upload, post, transmit or otherwise make available your Comments on the Website, we are not to be taken as having endorsed any opinion, advice or statement made by you.
9.1 While we endeavour to ensure the accuracy and completeness of the information contained on the Website, that information may contain errors and omissions and is liable to change. We make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any of the material on the Website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material) or in relation to any material of a third party website.
10 Our liability
10.1 Except to the extent required by law, the contents of the Website are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of the Website to the extent permitted by law. Where liability cannot be excluded any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
10.2 You agree that NativUC and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of the Website or any other third party linked website.
10.3 Under no circumstances will we be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.
10.4 We are not responsible to you or anyone else for any loss suffered in connection with the use of the Website, any of its contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.
10.5 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these terms or of any other legal obligation by you or your use of or conduct on the Website.
12.1 These Terms are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on the Website and must be interpreted accordingly.
12.2 These terms may be varied from time to time and without notice to you. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the Website after a variation to the terms has been posted.
12.3 If any part of these terms is determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of these terms shall continue in full force and effect.
12.4 No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.
12.5 Information on this site is provided for Australian residents only.
12.6 The Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.
12.7 For further information on using this site, please contact: NativUC Pty Limited (ACN 640 054 673) (NativUC). Address: Suite 9, 60 Ramsgate Avenue, North Bondi, NSW 2026, Australia Website: www. NativUC.com