IMPORTANT LEGAL NOTICE
We reserve the right to change these Terms from time to time.
Effective Date: 9th December 2019
TERMS AND CONDITIONS OF USE
1. HOW YOU CAN ACCESS OUR WEBSITE
1.1. Acceptance of Terms
By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should not use or access the Website.
1.2. Revision of terms
We may revise these Terms at any time. You should check the Website regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Service.
1.3. Personal Information
2. YOUR LICENCE TO USE OUR WEBSITE
2.1. Permitted Use
You are permitted to use the Website for your own personal non-commercial use on the following basis:
• You must not misuse the Website.
• Unless otherwise stated, the copyright and other intellectual property rights on the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with paragraph 4.1 is prohibited.
• You are not allowed to use, disseminate or reproduce any of the materials on the Website for commercial purposes without obtaining a licence from us to do so.
2.2. Limitation on use
Except as stated in paragraph 2.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service, without our prior written permission.
2.3. Reservation of rights
Any rights not expressly granted in these Terms are reserved.
3. YOUR ACCESS TO OUR WEBSITE
3.1. Website availability
While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable or otherwise not fully or properly functioning at any time or for any period.
3.2. Suspension of access
Access to the Website may be suspended temporarily at any time and without notice.
3.3. Information security
The transmission of information via any website like the Website is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
4. LINKS TO AND FROM OTHER WEBSITES
4.1. Third-party Websites
Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
4.2. Linking permission
You may link to the Website, provided that:
• you do so in a fair and legal way which does not damage or take advantage of our reputation;
• you do not establish a link from a website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
• any Website from which you link must comply with the content standards set out in these Terms;
• we have the right to withdraw linking permission at any time and for any reason.
5.1. Website information
We may make changes to the material on the Website, at any time without notice.
5.2. Service Lists
Services listed on the Website are subject to change.
5.3. Viruses and Malware
We do not represent or warrant that the Website or any other material accessible from the Website, is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
5.4. Exclusion of terms
We provide you with access to the Website on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
5.5. Display of Prices and taxes
All prices for services listed on the Website are in Australian dollars. These prices may exclude additional charges (such as taxes) and are subject to change without notice.
6.1. Your Rights
Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
6.2. Exclusion of liability
Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of goodwill; or
• any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
6.3. Additional costs
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
You agree to indemnify and hold Guardian Vaults Holdings Pty Ltd, its affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms, your use of the Website or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
7. ENDING THIS AGREEMENT
7.1. When we can terminate
We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
• you have used the Website in breach of paragraph 2 (Licence);
• you have breached paragraph 4.2 (Links to and from other Websites); or
• you have breached any other term or condition of these Terms.
7.2. Obligations upon termination
Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
8. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email (if one has been provided) or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. ADDITIONAL TERMS
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9.2. Entire agreement
These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
9.3. No waiver
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
9.5. Headings and Explanations
The headings and explanations in these Terms are included for convenience only and do not affect their interpretation.
10. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the courts of Victoria.