Terms of Use

Welcome to the icefire.com.au website.

This Website is owned and operated by IceFire Technologies Pty Ltd (ABN 33 077 056 029).

1. TERMINOLOGY

In these Terms of Use, except to the extent that the context otherwise requires:

   • ‘Deep Hyperlink’ means any Hyperlink that provides a Link to a web page or internet location that is part of this    Website, other than a Hyperlink to the home page of this Website or the home page of a subsidiary website;
   • ‘Embedded Hyperlink’ means any method or mechanism of Hyperlinking, where it appears that:
   (a) the Hyperlinked material is part of the Website containing the Hyperlink; or
   (b) the Hyperlinked material is not part of the Website where it is originally located;
   • ‘Hyperlink’ means any mechanism of providing a link from one location to another location on the internet (or a    web page);
   • ‘Link’ means the same as Hyperlink;
   • ‘Material’ means all information accessible via this Website, including text, graphics, images, and other    materials;
   • ‘person’ includes individuals, firms, partnerships, bodies corporate, associations and governments and    governmental, semi governmental and local authorities and agencies;
   • ’Terms of Use’ means the provisions contained in this Website and elsewhere on the Website;
   • ’User Country’ means countries or jurisdictions outside the sovereign jurisdictions and territories of Australia;
   • ‘we’, ‘us’, and ‘our’ are references to Icefire Technologies;
   • ‘Website’ means this website www.icefire.com.au; and
   • ‘writing’ includes typewriting, printing, lithography, photography and any other mode of representing or    reproducing words in a permanent and visible form.

2. ACCEPTANCE OF TERMS OF USE

2.1 Your access and use of the Website is conditional upon your acceptance and compliance with the Terms of Use.    Your use of or continued access or both to the Website constitute your agreement to the Terms of Use.

2.2 We may amend the Terms of Use at any time by posting the amended Terms of Use on the Website.

2.3 The amended Terms of Use will be effective immediately upon notification on this Website and your continued    use of the Website following such notification will represent an agreement by you to be bound by the Terms of Use    as amended. This agreement may not be amended otherwise.

2.4 You should visit this page periodically to review the Terms of Use. If you violate any terms, your right to use and    access the Website automatically terminates.

3. USE OF WEBSITE FROM OUTSIDE AUSTRALIA

3.1 The Terms of Use have been prepared according to Australian law.

3.2 If you are living in or accessing this Website from a country other than Australia the information and the Terms    of Use may not satisfy the laws of your country. If the information on the Website and the Terms of Use satisfy    the laws of your country, then you are entitled to use the Website.

3.3 Otherwise, this Website is not intended for your use, and you are not entitled to rely on the information. If you    do so, you agree to indemnify us for any loss or damage, which we may incur as a consequence.

4. RESTRICTIONS ON USE

4.1 The Website is available only for your personal and non-profit use.

4.2 We have the right to change or discontinue any feature of the Website including the Material, hours of    availability and equipment required for access.

4.3 You may make a single hard copy of the Material.

4.4 You may not otherwise copy, reproduce, republish, on-sell, frame, post, upload, distribute, transmit or modify in    any way all or any part of the Material, unless expressly provided for on the Website or expressly authorised in    writing by us.

4.5 You agree to use our information for lawful purposes only.

5. REGISTRATION TO SUBMIT INFORMATION TO US VIA WEBSITE

5.1 To access, register or submit to us information via this Website, according to these Terms of Use, you must become a registered authorised user.

5.2 To become an authorised user, you must complete your registration details in the manner described on the Website. Your registration is free but non-transferable.

5.3 We reserve the right to terminate your registration at any time if you breach these Terms of Use.

5.4 You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.

5.5 Upon registration, we will provide you with a password and username for login to the Website.

5.6 We reserve the right to accept, suspend or terminate your registration or any information you submit to us via the Website at any time.

6. OBLIGATIONS OF AUTHORISED USERS

6.1 By becoming an authorised user, you agree to abide by the following, in addition to the Terms of Use:

6.2 You are responsible for all aspects of the content submitted.

6.3 You must ensure that your content is accurate, up to date and not misleading.

6.4 You warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights or privacy rights of any person.

6.5 You must not collect and submit personal data about a person for inclusion on the Website without their consent.

6.6 You must keep secure and not give, assign or otherwise disclose your password and user name to another person without our acknowledgement or prior written consent.

7. OWNERSHIP IN CONTENT AND INFORMATION SUBMITTED TO US

We may claim exclusive ownership of the content or information submitted to us via the Website by authorised users. You agree that by submitting information to us via the Website, that we may reproduce, modify, adapt, or publish the information for the furtherance of our objectives associated with the Website.

8. TRADE MARKS

8.1 Except where otherwise specified, any word or device to which is attached the TM or ® symbol is an unregistered    or registered trade mark, respectively.

8.2 If you use any of our trade marks in reference to our activities, products or services, you must include a    statement attributing that trade mark to us.

8.3 You must not use any of our trade marks:
   (a) in or as the whole or part of your own trade marks;
   (b) in connection with activities, products or services which are not ours;
   (c) in a manner which may be confusing, misleading or deceptive; and
   (d) in a manner that disparages us or our information, products or services (including this Website).

8.4 All names, logos and trade marks are either our property or the property of third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights or licence to use or distribute any names, logos or trade marks, without our express written agreement or that of the relevant third party contributor.

9. COPYRIGHT

9.1 Copyright of the Material and information in this Website (including text, graphics, logos, icons, sound    recordings or software) is owned or licensed by us.

9.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and    similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you    may not in any form or by any means:

9.2.1 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of    this Website; or

9.2.2 commercialise any information, products or services obtained from any part of this Website, without our prior    written permission.

10. DISCLAIMER

We do not accept responsibility for any loss, damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any Linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

11. EXCEPTION TO DISCLAIMER

The disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, liability cannot be lawfully excluded.

12. LIMITATION OF LIABILITY

Neither we, our service providers, nor any third parties mentioned on the Website will be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or access to or inability to the use and access the Website and the Material.

13. SECURITY OF INFORMATION

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14. SPECIFIC WARNINGS

14.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

14.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

14.3 For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Website.

14.4 You acknowledge that we are also a distributor, not a publisher, of the Material on this Website. Our editorial control is limited to the selection of Materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of their content or its fitness for any particular purposes.

14.5 Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.

14.6 We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

14.7 You must not transmit or attempt to transmit any data, code or other material of any kind to this Website, which contains a virus or other harmful component.

14.8 Our Links with other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked websites, or of any information, graphics, materials, products or services referred to or contained in those Linked websites, unless otherwise stipulated under the Terms of Use.

15. LINKED WEBSITES

15.1 Subject to your observance of these Terms of Use, we grant you a revocable, non-transferable and non- exclusive right to provide Hyperlinks from your website to our Material.

15.2 In consideration of being granted this Hyperlinking right, you undertake:

15.2.1 not to copy, reproduce, translate, adapt, vary or modify any of our Material without our express consent, except as expressly authorised by these Terms of Use;

15.2.2 not to bring into disrepute us, our products, our services, or our offices or employees;

15.2.3 to use only active Hyperlinks to our Material and to not use Deep or Embedded Hyperlinks;

15.2.4 not to provide Links to our Website from any site that contains any material that:

(i) will subject us to an action for defamation, breach of copyright, infringement of any other intellectual property rights, privacy rights or any law whatsoever; or

(ii) is not in conformity with accepted standards of public decency and good taste;

15.2.5 to only use our Material in the form in which it is provided;

15.2.6 not to alter, amend, redraw, distort, animate or tamper with any of our Material or associated icons in any way;

15.2.7 to retain any copyright or trade mark symbols that appear next to our Material;

15.2.8 to supervise and control the use with due diligence of our Material in accordance with these Terms of Use;

15.2.9 to ensure your employees, subcontractors and other agents who have authorised access to our Material, are bound by these Terms of Use;

15.2.10 not to use our Material in a manner that gives the impression or represents that any person, organisation or event, is in any way related to, sponsored by, or affiliated with us without our prior written consent; and

15.2.11 to comply, within a reasonable time, with any demand or request by us in relation to your use of our Material.

16. ADVERTISEMENTS

16.1 Responsibility for the content of advertisements appearing on this Website (including Hyperlinks to advertisers’ own websites) rests solely with the advertisers.

16.2 The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

17. RELEASE

17.1 As we do not and cannot be involved in your interaction with Linked sites and advertisers, if you have a dispute with any Linked sites or advertisers, to the extent permitted by law, you agree to release us (and our agents and employees) from liability for any claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes.

17.2 You agree to release and indemnify us, all servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), which may be instituted against us arising out of breach by you of these Terms of Use or arising as a result of your negligent or wilful misconduct in connection with the provision of content according to these Terms of Use.

18. TERMINATION

18.1 The Terms of Use are effective until we terminate them.

18.2 We may suspend or terminate this agreement and your access to the Website at any time without notice.

18.3 ln the event of suspension or termination, you are no longer authorised to use or access the Website.

18.4 All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms of Use will survive suspension or termination or both.

19. GOVERNING LAW

The laws of Queensland and Commonwealth of Australia govern this agreement and the Terms of Use. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

20. Privacy

Our Privacy Policy sets out how we treat personal information and can be viewed at: http://www.icefire.com.au/privacy.html

21. SEVERABILITY

If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not effect the remainder of the Terms of Use, which will continue in full force and effect.

22. ENTIRE AGREEMENT

This agreement sets out the entire understanding and agreement between us and you with respect to the subject matters.

23. NO WAIVER

23.1 The failure of a party at any time to require full or partial performance of any provision of these Terms of Use does not affect in any way the full right of that party to require that performance subsequently.

23.2 The waiver by any party of a breach of a provision of these Terms of Use is not deemed a waiver of all or part of that provision or of any other provision or of the right of that party to avail itself of its rights subsequently.

23.3 Any waiver of a breach of these Terms of Use must be in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.

24. INTERPRETATION

In these Terms of Use, except to the extent the context otherwise requires:

  (a) the singular includes the plural and vice versa and a gender includes other genders;
  (b) a reference to a party is to be construed as a reference to a party to these Terms of Use;
  (c) a reference to a party to these Terms of Use includes its successors and permitted assigns;
  (d) a reference to a clause is a reference to a clause of these Terms of Use;
  (e) where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word   or phrase have corresponding meanings;
  (f) a reference to a document or agreement including these Terms of Use, includes a reference to that document or   agreement as amended, novated, supplemented, varied or replaced from time to time; and
  (g) in the interpretation of these Terms of Use, headings are to be disregarded.

25. TO RETURN TO THE WEBSITE

To return to the Website, click here.

26. LAST UPDATE

These Terms of Use were last updated on 05/07/2004.