- Limited Licence. This website is owned and operated by APC. All aspects and features of this website are the intellectual property of APC, or are the intellectual property of a third-party licensed to APC, and are protected by copyright and other laws. You are hereby granted a limited licence, subject to these TOU, to access and use the website only for the purpose of viewing its contents and using its features for their intended purposes. You must not copy, reverse engineer, reproduce, modify, republish, or transmit any aspect of this website in any form or by any means, or request, allow or encourage any other person to do so, without our prior written permission, except to the extent that normally occurs when a user accesses a website on the internet with a browser. For example, your browser may cache aspects of our website to speed up future visits. Such caching is permitted under your limited licence, provided that the cached website aspects are not exploited for any other purpose.
- Communications. We will treat all communications that we receive from you via this website as confidential if those communications relate to an order by you for our services or products, and especially if they include your personal information: see our . You agree that any and all feedback comments about our products and services that you submit to us via our website will become the property of APC, and APC will be entitled to use and republish those comments for the purposes of our business. You are solely responsible for the content of your communications to us and must comply with all applicable laws when sending us messages. For example, you must not use our website messaging facilities to post, distribute, or link to content that is defamatory, harassing, harmful to children, threatening, obscene, false, or misleading, or that infringes any person’s intellectual or privacy rights or that violates any laws.
- Passwords and Restricted Areas. If we provide you with a password so that you can access and use a password-protected or restricted area of this website, you must not share that password with any other person without our prior written consent. You must provide accurate and current information to us when registering for a password. You are solely responsible for maintaining the confidentiality of your username and password combination, and must take reasonable precautions to avoid unauthorised use by other persons. You must not impersonate any person or entity in order to access or use any part of this website.
- Monitoring. We assert the right to monitor users of this website, including by using cookies and tools provided by third parties, such as Facebook pixels. Please note that when you conduct transactions with other companies via this website, such as our payment services provider Paypal, your use of the website will also be subject to tracking by them. Also, when you enter and leave our website, the IP addresses that you come from and go to may be recorded by the server that hosts our website. By using the website, you consent to all of the monitoring activities described here, and all other usual monitoring and recording of information that occurs when a user visits and uses a website.
- Outbound Links. Our website may include links to other websites, including advertisements and affiliate marketing, or the websites of our business partners. Such linked sites are not under our control, and we cannot accept responsibility for the content of any linked site. Please let us know immediately if you discover that our website includes links to inappropriate content. APC reserves the right to remove any outbound link at any time. If we provide a link to another website, we do not necessarily endorse any content, services or products available on or through the linked site. You use any third-party sites linked to this website entirely at your own risk.
- Intellectual Property. All trademarks and logos of APC and other parties displayed in this website are the property of APC or their respective owners. Your licence to visit and use the website does not confer on you any ownership or other rights in relation to those trademarks and logos, or any other intellectual property found on our website. For the purposes of these TOU, “intellectual property” includes all forms of intellectual property recognised by the laws of Australia, and all proximate and neighbouring rights.
- Indemnity. You indemnify, and will continue to indemnify, APC in respect of all claims, damages, and losses arising out of your access and use of this website.
Limitations on Liability. We will use our best efforts to make our website available for your use, to ensure that all aspects of our website operate in a reliable and correct manner, and to ensure that the contents of our website are accurate, however, except to the extent imposed by law (including the Australian Consumer Law), we disclaim liability to you for any claim, damages or losses that you or any other person suffers or experiences because of:
- outages or breakdowns which affect the availability or accessibility of the website;
- problems caused by third parties, such as the operators of payment portals, our or your ISP, our website host, our or your telecommunications carrier, or our data storage contractor, and the designer or licensor of any aspect of our website;
- the incompatibility of our website or any aspect of our website with your software or hardware; or
- any incorrect information on our website of which we are not aware.
- Exclusion of Warranties. We provide the website for your use strictly on an “as is” basis. While we will use our best efforts to provide you with appropriate information and functionalities, we provide you with no express guarantees regarding the website or its contents. To the greatest extent permitted by law, we also hereby exclude all implied warranties. This exclusion does not apply to the consumer guarantees for our services and products provided by the Australian Consumer Law.
- Governing Law; Disputes. These TOU are governed by the laws in force in the State of Western Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State in relation to any dispute concerning these TOU, provided that, before commencing any litigation in relation to such a dispute (except for an application for an urgent injunction), you and we must first attempt to resolve the dispute by negotiation in good faith or, if such negotiation is unsuccessful within 10 days, then either you or we may refer the dispute to the Resolution Institute for mediation, and you and we will participate in the mediation in good faith and will equally share the costs of that mediation.
- Inquiries. If you have any questions regarding these TOU, please contact APC by email at: firstname.lastname@example.org
- Updates. APC may update these TOU at any time without notice to you. If you are a regular visitor, you should visit this page periodically to review the TOU. Our website is our private property. In its sole discretion.
VERSION NUMBER 001 (June 2020)