1. ACCEPTANCE OF THIS AGREEMENT
1.1 By accessing and using the Website, whether as a visitor, using the Website without registration (Visitor), or as a user, who has a registered account with the Website (User) (Visitor and User collectively referred as You or Your, as applicable) You agree to all such terms, conditions and statements in this Agreement. If You do not agree to any provisions in this Agreement, You are not authorised to use the Website and must leave the Website.
2. ELIGIBILITY TO USE THE WEBSITE
2.1 By using the Website, You represent that:
a) You are thirteen (13) years of age or older;
b) Your use of the Website does not violate any applicable law or regulation;
c) all required information that You submit or post in the Website in order to use the Website is accurate and You will maintain the accuracy of the information;
d) You are using the Website for personal, non-commercial use.
2.2 If OIS is informed or has reason to believe that You are not eligible to use the Website or that You become ineligible, Your use may be terminated without notice and Your account may be deleted. You do not have any right to use the Website for commercial use and if You wish to use the Website for commercial use, You must first contact OIS at to get prior written approval.
3. RESTRICTED USES
3.1 (General) You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Your account made by You, including the content of Your transmissions through the Website. By way of example, and not as a limitation, You agree not to do the following in relation to the Website:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
(b) publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information;
(c) use the Website to collect or attempt to collect personal information about third parties without their knowledge or consent, or engage in any act in breach of any applicable laws including the Privacy Law, or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
(d) submit content that is unlawful or promote or encourage illegal activity or that would violate the property rights of others;
(e) submit content of any third party without such third party's prior written consent, or content that falsely express or imply that such content is sponsored or endorsed by OIS;
(f) create a false or misleading identity of, including, but not limited to, an OIS employee, or falsely state or otherwise misrepresent Your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
(g) transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(i) attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means;
(j) modify, change, adapt, translate, or reverse engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website;
(k) reformat or frame any portion of the web pages that are part of the Website;
(l) disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
(m) remove any copyright, trademark or other proprietary rights notices contained in or on the Website;
(n) interfere with another user's use and enjoyment of the Website or disrupt the use of the Website in any manner;
(o) harvest or collect email addresses or other contact information of users, including usernames, from the Website by electronic or other means or use any of the abovementioned information for any unauthorized purpose;
(p) collection, aggregation, copying, duplication, display or derivative use of the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose, unless expressly permitted by OIS; and
(q) use software, scripts or automated agents and Bots in a manner intended to mine data from the Website, generate multiple accounts or automatically post multiple messages.
3.2 (Restrictions on Offensive or Illegal Uses) Notwithstanding the above, OIS strictly prohibits the use of the Website or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Website to create, edit, post or share any content that is harmful, unlawful, obscene, libellous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. OIS reserves the right to remove any content which deems to be illegal, offensive or inappropriate, in OIS’s sole discretion, and may take action against the User, including, but not limited to, suspending any or all use of the Website, in any way or manner, or terminating the User's account.
3.3 (Restrictions on Commercial Use) The Website is for the User’s personal use only and may not be used in connection with any commercial activity unless specifically approved in writing by OIS. You agree not to use the Website for advertising or solicitation to buy or sell any products and for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on the Website, or any third party links, by embedded code or emails sent from the Website, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other solicitation material. OIS reserves the right to take legal action against Users who abuse the Website for transmitting, posting or sending unsolicited commercial messages, including, but not limited to, removing or modifying any postings in its discretion without notice, suspending any or all use of the Website or terminating the User's account.
4. CHANGES TO THE AGREEMENT
5. CHANGES TO THE WEBSITE
5.1 OIS reserves the right to suspend, discontinue, delete, modify, or remove any content, material or services offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on OIS’s sole discretion.
5.2 In addition, OIS may charge You, in the future, for services which are currently available for free. OIS may also offer, in the future, services for commercial users or API-Based services which will require entering into separate agreement with OIS (for more information contact email@example.com).
6.1 Certain portions of the Website may be accessed by a Visitor, without an account. If You register an account with a Website or have a registered account, You can only use Your account for the purpose we describe on the Website (but not for competitive intelligence or any other purpose).
6.3 Once You register with our Website, You represent and warrant:
(a) all registration information You provide or submit is accurate and truthful and that You agree to update and maintain the accuracy of such information;
(b) Your use of the Website shall not violate any applicable law or regulation;
(c) You are responsible for everything done through Your account so please maintaining the confidentiality of Your username and password and log out of Your account at the end of each session. If You have lost control of Your username or password or You suspect there is unauthorized activity in Your account, please notify us right away; and
(d) You are responsible for being informed about and complying with all laws, rules and regulations that apply to Your use of the Website.
6.4 OIS reserves the right to terminate the account or refuse any or all use of the Website of a User if registration information submitted seems or proves to be false, inaccurate or incomplete.
7. PROPRIETARY RIGHTS
7.1 OIS retains all right, title and interest in the Website and its trademarks, service marks and logos, including all underlying software, designs, technology and processes and any enhancements or modifications. Nothing in this Agreement grants You any right, title or license.
7.2 You agree that You are permitted to use the material and/or content only as set out in this Agreement or as otherwise expressly authorised in writing by OIS and You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any material presented on the Website to any third party (including, without limitation, the display and distribution of such material via a third party website) without the express prior written consent of OIS. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under any applicable law.
8.1 We reserve the right to make changes and update the Website, Agreement and our policies at any time. When we make such changes or updates, we will post them to our Website and You will be able to access them. We are under no obligation to notify You when any changes or updates are made. Your use of the Website after such changes constitutes acceptance of the new agreement and/or policies.
10.1 You will indemnify, defend, and hold harmless OIS and its subsidiaries, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the Covered Entities) against any and all liability, claims, losses, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (Liabilities) incurred by any Covered Entity in any way arising out of or relating to this Agreement or Your use of the Website.
10.2 OIS reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defence of such claim.
11. NO WARRANTY AND LIMITATION OF LIABILITY
11.1 (General Disclaimer): YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. OIS EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR:
(a) ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THIS WEBSITE;
(b) ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE; AND
(c) ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.
11.2 (Disclaimer regarding Content and Information Accuracy): OIS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR:
(a) THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN OR AS RESULT OF USE OF THE WEBSITE OR ANY SEARCH RESULTS;
(b) THE DELETION, FAILURE TO STORE, CREATING BACK-UPS, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT OR MATERIAL; AND
(c) ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT OR MATERIAL ON THE INTERNET THROUGH THE WEBSITE.
11.3 (Limitation of Liability): OIS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR:
(a) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE WEBSITE, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE;
(b) DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF RELIANCE ON OR USE OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE;
(C) FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURE, OTHER EQUIPMENT FAILURE, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
THE LIMITATIONS IN THIS CLAUSE 11 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12.1 This Agreement shall be in force while You use the Website. You may stop using the Website at any time and in Your sole discretion, with no need for justification and with no charge, contact OIS and request to delete Your account. Please note, that the termination of an account does not delete the information from the sources of the information or from search engines’ archive and You may need to contact them directly to request editing, deletion or removal of information.
12.2 OIS reserves the right to terminate, without prior notice, any User account or to suspend any or all of the accesses to the Website, with or without the User's consent, for violating this Agreement. If Your account is terminated, Your rights to use the Website will cease immediately. Termination is without prejudice to all other remedies available to OIS by law or under this Agreement.
13. ENTIRE AGREEMENT AND ASSIGNMENT
13.2 To the extent that an application or software is available or used through OIS, such application or software may be subject to a license agreement that is distributed or included with such software and You agree to abide by the terms and conditions of any such license agreements.
13.3 You cannot assign this Agreement without our written consent. We are permitted to assign this Agreement to any entity that agrees to be bound by this Agreement.
14.1 If any provision of this Agreement should become fully or partially invalid or unenforceable for any reason whatsoever, or violate any applicable law, the Agreement is to be considered divisible as to such provision and such provision deleted from the Agreement, and the remainder of the Agreement shall be valid and binding as if such provision were not included herein. A new provision shall be substituted for any such deleted provision which shall come as close to what the initially intended, as far as legally possible, according to the sense and purpose of this Agreement.
15. NOTICE AND SUPPORT
15.1 Except for public domain material, any content or material on the Website and included on the Website is protected by intellectual property laws, including Australian copyright laws. If You have any complaints or objections to content or material appearing on the Website or if You believe that content or material posted on the Website infringes Your Intellectual Property Rights or the Intellectual Property Rights of a third party please contact firstname.lastname@example.org. OIS may remove or disable access to material or terminate account(s), at its sole discretion, as a result of any copyright claim regarding infringing activity and follow the take down procedure in accordance with any applicable law.
16. GOVERNING LAW
16.1 The Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. The parties will resolve any disputes in the courts of New South Wales to whose exclusive jurisdiction and venue they irrevocably submit.
16.2 Any claim that an User may have in connection with this Agreement must first, and before taking any other legal action, be submitted to OIS in the form of a complaint to , to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with this Agreement arises, it shall be resolved in a cost effective manner, through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration judgment may be entered and forced in any court of competent jurisdiction. Notwithstanding the foregoing, OIS may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Last updated: 4th April 2019
Copyright & Trademark Notice
Copyright © 2019, Outdoor Inspection Service Pty Ltd. All Rights Reserved. The trademarks, logos and service marks displayed on the Website are OIS’s property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from OIS or such third party.