ASFAR Terms and Conditions of Use
Welcome to www.ASfAR.org.au (the ‘Website’).
ASfAR reserves the right to amend these Terms and Conditions at any time without notice. You are therefore encouraged to check this document regularly.
As part of the registration process you are required to provide personal information about yourself (such as identification and contact details), including: (a) an email address.
Once you have completed the registration process, you will be a registered member of the ASfAR Website (‘Member’) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with ASfAR; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
As a Member, you agree to comply with the following: (a) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) you have sole responsibility for protecting the confidentiality of your password and/or email address. (c) you must not expressly or implicitly impersonate another Member or use the profile or password of another Member at any time; (d) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content. (e) you agree not to harass, impersonate, stalk, threaten another Member of the Website; (f) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services.
If you want cancel your membership of ASfAR, you may do so by sending a request for your account to be deleted to ASfAR via the ‘Contact Us’ link on our homepage.
ASfAR may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) ASfAR is required to do so by law; (c) ASfAR is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by ASfAR is, in the opinion of ASfAR, no longer commercially viable.Subject to local applicable laws, ASfAR reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ASfAR’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and ASfAR have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Copyright and Intellectual Property
The Website, the Services and all of the related products of ASfAR are subject to copyright. All trademarks, service marks and trade names are owned, registered and/or licensed by ASFAR. ASFAR retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) right to use or exploit a business name, trading name, domain name, trademark or industrial design, or (c) thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of ASfAR and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to ASfAR a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) ASfAR we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ASfAR make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ASfAR) referred to on the Website.
You acknowledge that the ASfAR Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and ASfAR holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
Limitation of Liability
ASfAR’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that ASfAR, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that ASfAR holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
You agree to indemnify ASfAR, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.