1. This site is owned and operated by RED COMPASS PTY LTD ACN 136 980 777 ("We", "Us").
Your Warranties and Obligations
4. To use the Site, You must:
- a. comply with these and all applicable laws and regulations; and
- b. use the Site in good faith, for non-commercial purposes only (subject to any separate agreements You have with Us).
Intellectual Property Rights
5. The material on the Site is protected under Australian and international copyright and other laws governing protection of intellectual property rights. Intellectual property rights in images, trade marks and other content on the Site are owned by their respective owners. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials. However, You may copy (either electronically or in hard copy) material on the Site only for non-commercial personal use.
6. You use the Site at Your sole risk. We give no warranty, guarantee or representation about the accuracy, completeness, reliability or timeliness or otherwise, of the information contained on the Site or any linked sites.
7. To the full extent permitted by law We disclaim any and all warranties, express or implied, regarding:
- a. any information contained or referred to on the Site and/or of any linked sites; and
- b. merchantability or fitness for any particular purpose of anything contained or referred to on the Site and/or on any linked sites.
8. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of You:
- a. acting, or failing to act, on any information contained on or referred to on the Site and/or any of the linked sites; and
- b. using or acquiring, or Your inability to use or acquire, any service or product contained or referred to on the Site and/or any linked sites.
9. We do not warrant guarantee or make any representation that:
- a. the Site is free of viruses;
- b. the functions contained on the Site will operate uninterrupted or are error-free or be compatible with all browser and operating systems; or
- c. errors and defects in the Site will be corrected.
10. We are not liable to You for:
- a. errors in the information You provide to Us;
- b. errors or omissions in the Site, or linked sites;
- c. delays to, interruptions of or cessation of the Site, or linked sites;
- d. defamatory, offensive or illegal conduct of any user of the Site; or
- e. any circumstances caused by factors beyond Our reasonable control; whether or not caused through any act or inaction by Us, Our employees, agents or independent contractors, or through any other cause.
11. Where any act of Parliament implies in this agreement any condition or warranty, Our liability for any breach of such condition, or warranty shall be limited, at Our option, to either:
- a. the supplying of the services again; or
- b. the payment of the cost of having the services supplied again.
12. You agree to indemnify and hold harmless us and our directors, employees, contractors, agents or other representatives from all liability, claims and expenses, including legal fees, which arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with us in asserting any available defences.
Termination of Access
15. We will not be deemed to have waived any of Our rights under this agreement unless such waiver is in writing, signed by Us.
16. Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
17. This agreement shall be governed by and construed according to the laws in force in the State of New South Wales, and the parties agree to submit to the jurisdiction of courts and tribunals of that State.