Website Terms and Conditions of Use
In these terms and conditions, 'we' or 'us' means Continuity Matters.
Please read these terms and conditions carefully as they apply to your use of this Internet site (Site). By using this Site you agree to be bound by these terms and conditions.
We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
The content of the site
The things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text, and other materials), as well as the products, services and resources described at this Site (collectively, the Content), are intended for use by persons who wish to find out about Continuity Matters.
Continuity Matters does not guarantee the accuracy, currency or adequacy of the Content by virtue of providing access to or information about such Content at this Site.
Solely for the purposes of providing access to information of potential utility to users of this Site, Continuity Matters may include links to allow direct access to such information and links to Providers' sites or other off site pages or sites (including without limitation sites linked through advertisements or through any search engines). Continuity Matters does not monitor or review the content of such independently updated websites.
The inclusion of such links and the inclusion of any device or mark to identify or communicate with other third parties is neither intended nor understood to constitute any implied or express approval or acceptance of the validity of the information contained in other third party websites and is not intended nor should it be understood as a referral to any third party or an endorsement, or recommendation of Continuity Matters of any of the information, products or services, identified in such websites or supplied by other third parties.
Your use of the Site
You must not:
Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
Violate any Applicable Law relating to your use of the Site; or
Collect or store personal data about other users of the Site.
In these terms and conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
Any law, rule or regulation of any country (or political sub division of a country);
Any obligation under any licence in any country (or political sub division of a country); and
Any lawful and binding determination, decision or direction of a regulator in any country (or political sub division of a country).
During your use of the Site, we may issue to and request from your computer blocks of data known as "cookies". By using this Site you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Site, and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
Continuity Matters endeavours to ensure the Site is convenient and functional, but we do not guarantee that the Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.
If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the extent permitted by Applicable Law.
If a jurisdiction does not allow the exclusion of implied warranties above but allows limitations of a certain maximum extent then we limit our warranties to that extent.
You acknowledge and agree that the Internet is an occasionally unreliable medium, that this Site will be enabled over the Internet, and that this Site may be subject to occasional outages and interruptions some of which may be beyond the control of Continuity Matters. You acknowledge and agree that Continuity Matters cannot and does not guarantee that you will be able to access any third party site, or that any such site will be free of outages or interruptions.
Limitation of our liability
To the extent permitted by law, you agree that in no event will Continuity Matters be liable to you or any person in contract, tort (including but not limited to negligence), under statute or any other basis for any consequential, special, incidental, indirect, exemplary or punitive damages, including claims for lost profits, loss of business, loss of use or lost savings, even if Continuity Matters has been advised of the possibility of such damages.
You assume the entire risk as to the use or operation and use of this Site and any Content. Except if required by Applicable Law, Continuity Matters specifically does not warrant that this Site or the Content will meet your requirements, or that such use or operation will be uninterrupted, virus free or error free.
Nothing in these terms and conditions has the effect of excluding, restricting or modifying any non excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by the Competition & Consumer Act 2010 (Commonwealth) (or any other legislative provision).
Where Continuity Matters is not entitled to exclude a warranty, condition or term implied by law, and to the extent permitted by law, Continuity Matters’ liability for breach of any such warranty, condition or terms in limited to:
In the case of services, at the option of Continuity Matters, either the re supply of the services or payment of the cost of having the services re-supplied; and
In the case of goods, at the option of Continuity Matters, either the re supply of the goods or payment of the cost of having the goods re-supplied.
To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site or the Content is limited to A$100.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the above paragraphs but allows a limitation of a certain maximum extent then our liability is limited to that extent.
Intellectual property rights
You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights.
Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
or otherwise infringe the intellectual property rights of any person in using the Site or any Content.
Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.
If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms and conditions are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria.