For the purpose of these Terms:
“Industry” means the aesthetic and/or beauty industry;
“Terms” means the terms and conditions in their entirety on this page;
“We, Us or Our” means the Aesthetic and Beauty Industry Council Ltd (ABN 60 646 736 905); and
“Website” means www.theabic.org.au.
1. YOUR RIGHTS AND OBLIGATIONS
1.1. We grant you the right to view all text, graphics, images and any other materials on this Website (Content) and download and/or print any Content that We have expressly permitted may be printed or downloaded on your personal computer for your personal, non-commercial use.
1.2. We grant you the right to copy extracts from articles, documents or other Content on the Website for the purposes of quotation or further publication subject to the following:
a) You agree and warrant to attribute the extracts copied from the Website to Us or any other relevant author of such Content;
b) You agree and warrant not to misquote or alter such Content in a manner that affects the integrity of such Content or is misleading or misrepresents the statements made on the Website by Us or any other person; and
c) You agree and warrant not to falsely attribute any Content copied from the Website.
1.3. You agree that you will not under any circumstance:
a) alter or remove any copyright, trade mark or other proprietary notice of Ours or of any other company or person appearing on this Website; or
b) sell or licence the Content; or
c) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website; or
d) create any links from any other website to this Website without Our express prior written permission; or
e) post or transmit on the Website any content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit of destroy the functionality of any computer software or hardware; or
f) exploit any Content for any commercial purpose without Our prior written consent; or
g) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
2. COPYRIGHTS AND TRADEMARKS
2.1. You agree that all intellectual property rights in:
a) the Content;
b) the arrangement of the Content; and
c) software and tools accessed via the Website,
belong to Us or are licensed to Us, other than any Forum Content (defined at clause 7.2 of the Terms) which is posted to the Website.
2.2. The trade marks on this Website are Our registered or unregistered trademarks.
2.3. The names of other companies, affiliates, businesses, suppliers, services and products referred to on this Website may be the trademarks of their respective owners.
2.4. Nothing on the Website, or in these Terms should be interpreted as granting you any right to use any logo or other trade mark on the Website, without Our consent or the consent of the relevant owner of the trade mark.
3. SHARING OUR VIDEOS
3.1. We may allow you to share or embed, on third party sites, Content in videos on the Website (“Video Content”).
3.2. We do not grant you any rights in any Video Content due to the sharing and embedding functions on the Website.
3.3. We reserve all rights in the Video Content, including to require you to remove Video Content which you have shared or embedded in our absolute discretion.
3.4. You may not use the Video Content for commercial purposes except with Our prior written consent.
3.5. Video Content may only be embedded or shared in accordance with the functionality of the Website.
3.6. You must comply with any request to remove Video Content as soon as possible after notification from Us of such a request.
4. ADVICE GENERAL IN NATURE, NOT PROFESSIONAL
4.1. This information provided on this Website is general in nature and does not constitute professional or legally binding advice. You should not rely on the information contained on this Website as professional advice in relation the Industry.
4.2. We strongly recommend that all individuals consult an Industry professional before following any information provided on this Website. You should not rely on the Website as your exclusive or primary source of information. You must exercise independent skill and care in the choice of products or services relevant to the Industry that may be referred to on this Site.
5. ACCURACY OF INFORMATION
5.1. We are providing this Website and the Content on an “as is” basis. While We endeavour to keep the information on the Website as accurate, complete and up to date as possible, We do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency or continuous supply of any of the Content, including Video Content, contained in or distributed through, or linked, downloaded or accessed from this Website or the results obtained from using this Website.
5.2. Information on this Website can change without notice and We do not guarantee the accuracy of information provided, including information provided by third party providers and suppliers from time to time.
6. AVAILABILITY OF THE Website
6.1. While We try to ensure that the Website is available continuously, We do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
6.2. We may suspend your access to the Website without prior notice due to maintenance, system failure, repair or any other reason beyond Our control.
7. PUBLIC FORUMS
7.1. As a registered user, you may access or contribute to any public forums or blogs on the Website, if any. If you contribute to a public forum or blog on the Website your question will be stored and displayed on the Website unless you notify Us that you want your question to remain private. No email addresses or contact details will be shown in the public forums or blogs.
7.2. We retain the discretion whether to publish, edit, delete, block, reject, take down or remove any part or all of any content you post to any public forums or blogs on the Website (“Forum Content”).
7.3. However, We have no obligation whatsoever to monitor or independently verify any Forum Content or to edit, delete or refuse to post or transmit any Forum Content.
7.4. We will not be responsible or liable for the content of any material (including but not limited to the Forum Content) posted to this Website by Us or by third parties which is defamatory, offensive, obscene, inaccurate, misleading, unlawful, pornographic or which in any way infringes a third-party right, including but not limited to intellectual property rights.
7.5. You retain all intellectual property rights in your Forum Content. You grant Us an irrevocable, royalty free, perpetual, worldwide licence to use, modify, transmit, communicate to the public, reproduce and sublicense your Forum Content in any form, including on the Website and in any print or electronic publication.
7.6. You consent to Us doing or omitting to do any and all acts in relation to your Forum Content that would otherwise infringe any past, existing or future moral rights in the Forum Content. You waive any rights you may have to take action against Us in relation to any act or omission which would otherwise infringe any past, existing or future moral rights in your Forum Content.
7.7. You warrant that the Forum Content is your original work and you own all rights in relation to the Forum Content. You indemnify Us against any action, claim or proceedings alleging that the Forum Content infringes the rights of any person, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by Us in connection with the foregoing.
7.8. You must not include, in your Forum Content, any links to any third-party websites.
7.9. To the extent permitted by law, We will be under no liability to you in respect of any loss or damage which you may suffer or incur or which may arise directly or indirectly in connection with your supply of Forum Content to our public forums and blogs, or the subsequent use of your Forum Content by Us or any third parties.
7.10. We reserve our right to refuse to post or transmit or to remove or alter any Forum Content (in whole or in part), the transmission or the posting of which would in our sole discretion violate any right of any person or constitute an offence or a breach of any policy, notice or other requirement of ours.
7.11. To report undesirable posts to blogs or forums on the Website, or to bring to our attention users who may not be complying with these Terms, please email Us at [email protected], Please do not post your grievances on the Site.
8. THIRD PARTY SITES
8.1. We may link this Website to other websites which are not under Our control or maintained by Us. We have not reviewed the content of such websites for accuracy or otherwise.
8.2. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, We will not be responsible for the content of such websites.
8.3. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Website.
9. THIRD PARTY EVENTS
9.1. We may advertise or sponsor functions, events or other activities that may be conducted by third parties in the Industry.
9.2. We do not accept any liability in connection with your participation in activities conducted by any third party.
10. PRIVACY & CONFIDENTIALITY
10.1. Any communication or material sent by you to the Website by electronic mail or otherwise, including any data, questions, submissions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988 (Cth).
11. DISCLAIMER OF WARRANTIES
11.1. We do not represent or warrant the quality or reliability of any products, services, information about any products or services, or other materials displayed, purchased or obtained by you as a result of you responding to any advertisement or any other Content in or in connection with Our services and/or this Website.
11.2. Any reliance you place on any Content will be at your own risk and it is solely your responsibility to ensure that the Content and any goods or services purchased as a result of this Website meet your requirements.
11.3. We reserve the right, at Our sole discretion, to make any correction, improvements to or to withdraw or correct any error or omission in any portion of the Content and/or Our services and/or Website and any products or services referred to therein without notice.
12. LIMITATION OF LIABILITY
12.1. We do not warrant or represent that the Content is suitable for your requirements. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement, We give no warranties, and you have no rights, apart from those, if any, expressly set out in these Terms and all implied conditions, warranties and rights are excluded.
12.2. We exclude to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content on this Website. Where liability cannot be excluded, any liability incurred by Us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010. We will not be liable for any economic loss whether direct, indirect, incidental, special or consequential loss arising out of any action taken by you in reliance of any Content, information or service provided on this Site.
13.1. We may terminate your access to all or any part of this Website and any related services immediately if you commit a breach of any of these Terms or otherwise upon reasonable notice.
14. MODIFICATION TO TERMS
14.1. We may change these Terms or policies relating to this Website at any time and will notify you by posting an updated version of these Terms on this Website. You are responsible for regularly reviewing these Terms. Continued use of this Website after any such changes shall constitute your consent to such changes.
15. DATA AND COOKIES
15.1. A "cookie" is a small text file placed on your computer by a web server when you access a website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.
a) Your server address;
b) Your top level domain name;
c) The date and time of access to the website;
d) Pages accessed and documents downloaded;
e) The previous web website visited; and
f) The type of browser software in use.
15.3. We may use this information for various purposes including:
a) statistical purposes;
b) to enable you to access online services offered from time to time; and
c) to determine whether you have previously used parts of the Website or to identify the pages you have accessed,
but in each case, information collected cannot be used to personally identify you.
15.4. You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities on the Website.
16.1. Any reference to "you" in these Terms includes a reference to anyone acting on your behalf or with your express or implied authority.
16.2. These Terms between you and Us will be governed by the laws of New South Wales, Australia. You agree that any dispute or legal proceeding in relation to this Website shall be brought exclusively in the jurisdiction of New South Wales.
16.3. If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.
16.4. These Terms comprise the entire agreement between you and us.