Disclaimer

Terms of Use
Please read these Terms of Use before using this website.
By using the software on this website you agree to the agreement under these Terms of Use.
If you do not agree with the Terms of Use you cannot use this website. 

Binding Agreement
This website, including the Software on it, is operated by Wiliam Pty Ltd (ABN 97 080 615 872) (and its assignees)
All parties agree to be bound by this Agreement. This Agreement forms a legally binding agreement between you and us and governs your use of this website.
You may use this website as a representative of a body corporate but if you do, you represent that you are authorised to bind the body corporate in the way the Agreement is reflected. You guarantee that information you have given is truthful and accurate.
If any information changes that you have supplied to us, you must update the information as soon as possible. If changes are not updated, our services may not be supplied to you. 

General Terms part of this Agreement
Each party must comply with the attached General Terms, which form part of this Agreement. 

1. Territory and jurisdiction
Services provided through this website are for the use of residents in a territory. By using this website you have agreed that you are a resident of a territory.
This Agreement is subject to the laws of New South Wales, Australia, and each party submits to the jurisdiction of that state. 

2. Your personal information
Information collected from you may only be used for the main purpose for which it was collected and for other purposes that are related to the main purpose.
Personal information is used to:
    (a) Provide you with services you have requested;
    (b) Communicate with you;
    (d) Verify your identity and other information you provide to us;
    (e) Help us manage and enhance our services.

You agree that we may reveal your personal information to third parties as part of providing our services. We will not disclose your personal information to any person who is unrelated to supplying our services with you without your consent. 

3. Rules of use
Your use of this website and posting of content on it must not and warrant that you will not:
(a) use, or allow any person to use this website in any activity that breaches any laws and infringes third party rights or breaches any standards or codes endorsed by relevant authority;
(b) Post any content on this website that may be unlawful, abusive, obscene, threatening, pornographic, profane, indecent, vulgar, defamatory, or infringing of any third party’s rights; or
(c) Post on this website any content that contains harmful components; 

4. Ownership rights
You agree that:
(a) We own all Intellectual Property Rights in the Software and we have licence rights in all Intellectual Property Rights in all content on this website;
(b) We own all Intellectual Property Rights in our logos, trade marks and name;
(c) Some content may be subject to Moral Rights (as defined under the Copyright Act 1968 (Cth)); and
(d) No part of this website or its content may be copied without our written permission, except for one printed copy that you are allowed to make for personal use.

5. Submissions
Submitted content may be edited if it is considered to be unsuitable as an unedited version on our website. You provide us with Moral Rights and provide us with consent to edit any content that is required to be edited. Layout, locations and format (font size and font) of content may be varied in our discretion.

6. Warranties and liability
We do not warrant that: 
(a) Use of this website will be uninterrupted; 
(b) Information from this website is correct, accurate, up to date, free from error or suitable for your intentional use; or 
(c) This website or the equipment related to this website will be free of computer viruses or other harmful components.

To the extent permitted by law, our liability for breach of any non-excludable condition or for any other breach by us of this Agreement is limited, to any one of:
   (a) Re-supplying, replacing, or paying the cost of re-supplying any goods; or
   (b) Supplying or paying the cost of supplying any services again.

Except in relation to the breach of any Non-excludable Condition, you agree: 
(a) we do not control the users activities on this website and you agree that we are not liable or responsible for the behavior of users of this website, including information placed on this website that is offensive, incorrect, defamatory, discriminatory, or in breach of any law, your rights or any third party’s rights; 
(b) We accept no liability or responsibility for any damage, loss, and cost or expense gained by you and arising from any information available from this website;
(c) we are not liable for any indirect or consequential loss, loss of data, loss of profits, loss of revenue, loss of business opportunity, including any loss contemplated by parties at the time of agreeing to this Agreement;
(d) We are not liable for the failure or delay of any services under this Agreement caused outside of our control, such as delays in internet traffic, computer viruses, electricity failure, any act of government, God, terrorism, war or other form of external control; and
(e) To the extent permitted by law, we exclude all other liability to you in any form, including arising in contract as well as negligence. 

7. Your warranty and indemnity
You guarantee that the content you, or your employees, contractors or agents, post on our website does not breach the Intellectual Property Rights or Moral Rights of any person.

You assure us and our employees, contractors and agents against any expenses, costs, loss damage and liability suffered or acquired by them arising out of or in connection with:
(a) Any breach by you of this Agreement, including a breach by your employees, contractors or agents;
(b) Any of your unlawful acts and careless actions, including of your employees, contractors or agents; or
(c) Any material or information provided by you and published on this website.

8. Advertising and third party sites
Links on our website to third party sites are for the convenience of users. We do not support or provide any warranty in relation to the content of any third party website that may be linked to this website. When you have left our website via a link, you should check the relevant privacy policy of the third party site.

9. Security
No data transmission over the internet can be guaranteed to be secure but we attempt to protect the personal information, integrity and property of our users. We use a variety of physical and electronic security measures (restricting physical access to our offices and firewalls and secure databases) to keep personal information secure from misuse or unauthorised use.

Close your browser when you have finished using our website. This helps ensure that others cannot access your personal information through a shared computer. You are responsible for the security of and access to your computer.

You are responsible for maintaining the secrecy of your username and passwords and account information. Be careful and responsible whenever you are using the internet.

10. Confidentiality
A party to this Agreement must not disclose to any third party, without written consent any confidential information provided from the other party. This obligation does not extend to information which:
(a) Is or becomes public knowledge without the fault of the receiving party; or
(b) Is or becomes available to the receiving party from a source other than the disclosing party.

11. Notices
A notice relating to this Agreement must be in legible and written English.
We may give you notice via conventional mail, electronic mail or facsimile. You may give us notice only by email to the email address specified in the “Contact Us” section of our website.

Notices are sent by the sender and received by the recipient:
(a) If delivered by hand, upon delivery to the receiving party;
(b) If sent by registered mail within Australia, 2 Business Days after the registration of the notice of posting;
(c) If sent by ordinary mail within Australia, 3 Business Days from and including the date of postage; or
(d) If sent by email, upon sender receiving back from recipient’s email address a confirmation read receipt.

A reference to a person receiving a notice includes a reference to the recipient’s agents or employees.
If a notice is received outside business hours, then it is deemed received the next Business Day.


12. Termination of registration and Agreement
We may at any time in our discretion without providing reasons, permanently or temporarily, disable or cancel your registration on our website. For permanent disabling or cancellation of your registration, we will attempt to inform you.

We reserve the right to terminate this Agreement at any time in our discretion by giving 24 hours notice, including if you breach this Agreement.

We may terminate this Agreement immediately without notice to you if you breach any term of this Agreement, including if you have provided any information on our website that is untruthful or inaccurate. We must notify you that the termination of this Agreement has taken effect.

We may remove any content you have posted on our website after disabling or cancelling your registration and/or termination of this Agreement. 

13. Amendments
This Agreement may be amended, modified or updated by giving at least 7 days notice, and we must notify you of those changes. Notices may be updated terms posted on our websites and we will use our reasonable efforts to draw these notices to your attention. Your continued use of our website constitutes an agreement that you accept this Agreement and any modifications made to this Agreement.

14. Assignment
We may assign this Agreement at any time without your consent.
You may not assign this Agreement without our consent.

15. Interpretation
The following rules of interpretation apply in the contract:
(a) Headings in this Agreement are for convenience and do not affect the interpretation of this Agreement;
(b) A reference to one gender includes the other genders;
(c) An indication to a document or agreement, or a provision of a document or agreement is to that document, agreement or provision as amended, supplemented or replaced.
(d) A reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
(e) A reference to a subclause in a clause is a reference to a subclause in that clause unless specified otherwise;
(f) A party to this Agreement or to any other document or agreement includes a permitted substitute or a permitted assign of that party;
(g) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing
(h) any use of the verb includes or including, or of words such as for example or such as, is not a word of limitation and does not limit anything else that is included in general speech; and

16. Definitions
These words and expressions have the following meaning when used in this document:
‘Agreement’ means the agreement that these General Terms are expressed to form part of;

‘Business Day’ means any day except Saturday or Sunday or a day that is a public or bank holiday in Sydney, New South Wales;

‘Confidential Information’ means confidential information of a party and includes information whether verbal, written or in some other form relating to:
(a) Knowledge or information regarding the business transactions, accounts or finances, affairs, property, policies, procedures or activities of the party; and
(b) Any document or information which a party advises the other party is confidential.

‘Content’ means the content added to this website, which may include literary works, dramatic works, musical works, artistic works, sound recordings, television broadcasts, sound broadcasts and published editions.

‘Intellectual Property Rights’ means all intellectual property rights, including patents, copyright, rights in circuit layouts, registered designs, trade marks and the right to have confidential information kept confidential, and any application or right to apply for registration of any of those rights;

‘Moral Rights’ has the meaning given to it in the Copyright Act 1968 (Cth);

‘Software’ means all computer programs, html files, scripts and databases owned by us and used on the website;

‘Territory’ means any State or internal territory of Australia;

‘Website‘ means the website www.peopleintelligence.com.au, including any materials and forming part of that website; and

‘You’ is defined in the Agreement.