- Intellectual property and restrictions on use of content on the network
- Communication facilities
- User licence to Insula Group
- Advertising, links to third party websites and e-commerce offers
- Disclaimer and limitation of liability
- Trademarks of Insula Group and its Affiliates
- Specific terms relating to Insula Group’s partners and suppliers
Intellectual Property and Restrictions on Use of Content on the Network
The Network may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Insula Group, real-time interaction between users and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:
- restrict or inhibit any other user from using or enjoying any Forum;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Insula Group reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User licence to Insula Group
By placing any information or other material on the Network (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Insula Group a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
- use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Insula Group and any other party authorised by Insula Group all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Insula Group, you will execute and deliver to Insula Group such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Advertising, Links to Third Party Websites and e-Commerce Offers
The Network contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Insula Group, and Insula Group is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Insula Group provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Insula Group or its Affiliates. You link to any such website entirely at your own risk.
The Network may also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Insula Group or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Insula Group, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Product prices listed on the Network are accurate at the time of Content creation. They are subject to change without notice. Insula Group is not liable for the prices or price changes, including where price changes have not been reflected on the Network.
Disclaimer and Limitation of Liability
The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by Insula Group of goods or services on the Network which cannot be excluded, restricted or modified (“Non-excludable Rights”). Insula Group does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) Insula Group and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Insula Group does not warrant that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Insula Group does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Insula Group) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Insula Group) will Insula Group or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Network or any Content. You expressly acknowledge and agree that Insula Group does not exert control over users of the Network and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Insula Group’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Insula Group to the following:
- in the case of services supplied or offered by Insula Group, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Insula Group, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Trademarks of Insula Group and its Affiliates
The trademarks listed below are trademarks of Insula Group or its affiliates (as indicated). All other trademarks displayed on the Network are trademarks of their respective owners. Nothing contained on the Network should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Insula Group, the relevant Insula Group affiliate or third-party owner.
Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant Insula Group website, but such use requires the express written authorisation of Insula Group or the relevant Affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved