Last updated on 10 July 2017
2. Other applicable terms
3. Information about us
The Services are provided and operated by Castlery Pty Ltd. We are a private company limited by shares registered in Australia with Australian Company Number (ACN) 27615061679 and have our registered office at Units 42D/E/F, 110 Bourke Road, Alexandria, NSW 2015.
4. Changes to our services
4.1 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice of such. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
4.2 We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.
5. Accessing our services
5.1 Our Services are made available free of charge.
5.2 We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice to you. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
5.3 You are responsible for making all arrangements necessary for you to have access to our Services.
6. Your licence to use the services
7 Our intellectual property rights
7.1 All intellectual property rights subsisting in respect of the Services belong to Castlery Pty Ltd or have been lawfully licensed to Castlery Pty Ltd for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
7.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
8 Your rights
8.1 You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
8.2 You agree that this licence includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals who partner with Castlery Pty Ltd for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such content use.
8.3 Such additional uses by Castlery Pty Ltd or other companies, organisations or individuals who partner with Castlery Pty Ltd may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
8.4 You agree that we modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
8.5 You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Castlery Pty Ltd will not be responsible or liable for any use of your Content by Castlery Pty Ltd in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein in relation to any Content that you submit.
9 Limited liability and warranty
Please read this section carefully since it limits the liability of Castlery Pty Ltd and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Castlery Pty Ltd” ). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. We do not accept any responsibility whatsoever in respect of such information.
9.1 Your access to and use of our services is at your sole risk and is provided “as is” and “as available”. The services are for your personal use only and the entities of Castlery Pty Ltd ma ke no representation or warranty of any kind, expressed or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement.
9.2 The entire liability of the entities of Castlery Pty Ltd and your exclusive remedy with respect to the services or otherwise, is re-performance of defective services. Without limiting the foregoing, this limitation applies to any statutory guarantees or warranties which may be implied and cannot be excluded. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our service. We are not and will not be a party to any transaction between you and any third party.
9.3 To the extent permitted by law, in no event shall the aggregate liability of the entities of Castlery Pty Ltd exceed two hundred Australian dollars (AUD 200)
9.4 The Entities of Castlery Pty Ltd shall not guarantee or assume any responsibility that:
- (a) the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
- (b) the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
- (c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
- (d) access to the Services will be available or be uninterrupted;
- (e) use of the Services will achieve any particular result; or
- (f) defects in the Services will be corrected.
9.5 Without limiting the generality of the foregoing, in no event will the entities of Castlery Pty Ltd be liable to you or any other person for any indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information, Content or the Services, even if any of the Entities of Castlery Pty Ltd has been advised of the possibility of such loss or damages.
9.6 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.
10 Content on the services
10.1 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
10.2 You warrant that you are the sole owner of all Content and that any such Content complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
10.3 Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
10.4 The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
10.5 Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
10.6 We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
11 Content copyright policy
11.1 Castlery Pty Ltd respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.
11.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is email@example.com.
12 Use of the services
12.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
12.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Castlery Pty Ltd's computer systems, or the technical delivery systems of Castlery Pty Ltd's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
12.4 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
13 Linking to us
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
14 Third-party links and resources in our site
14.1 The links from the Services may take you to other sites or services and you acknowledge and agree that Castlery Pty Ltd has no responsibility for the accuracy or availability of any information provided by third parties services and websites.
14.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Castlery Pty Ltd on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Castlery Pty Ltd and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
14.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
17 Several users
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19.2 You may end your agreement with us at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
19.5 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 4 (Changes to our services).
20 Governing law and jurisdiction