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TERMS AND CONDITIONS OF USE BY MEMBERS

Interpretation:

In this Agreement unless the context otherwise requires:-

"Agreement" means this agreement, its clauses and any schedule of this agreement and any pricing lists and policies issued by OzEvents.com Pty Ltd. (“Ozevents”) from time to time.

“Client” means any individual, organization or entity which has the benefit of an Ozevents client site.

"Event Information" means any information posted on the OzEvents site by OzEvents or a Client.

"Intellectual Property Rights" includes without limitation any right arising from or capable of arising from the Circuits Layout Act 1989 (Cth), the Copyright Act 1968 (Cth), the Designs Act 1906 (Cth), the Patents Act 1990 (Cth), the Trade Marks Act 1995 (Cth) any similar right and confidential information.

“Member” means “client”.

"Member Services" means any Event Information forum provided by OzEvents on the OzEvents site.

"Membership Fees" means the fees set by OzEvents from time to time in its absolute discretion.

“Ozevents site” means the website located at www.ozevents.com.au and includes all Ozevents client sites for the time being.

“Ozevents client site” means a virtual website within the Ozevents domain and providing a URL in the form www.client.ozevents.com.au and an email address in the form whoever@client.ozevents.com.au, and “Client site” has the same meaning.

1) Connection

a) Upon the Member paying the Membership Fee, OzEvents must provide Member Services to the Member in the manner agreed between the Member and OzEvents.

b) OzEvents must endeavour to maintain the continuity of Member Services to the Member for the term of this Agreement.

2) Term

a) This Agreement will remain in force until it is terminated in accordance with clause 8.

3) Acceptable Use

The OzEvents site or any part thereof must only be used in accordance with OzEvents policy as published from time to time by OzEvents.

4) Event Information

a) Members are responsible for the content of any Event Information posted on the OzEvents site by the Member or OzEvents on the Member's behalf.

b) Members must not:-

i) post information that is illegal, fraudulent, obscene, pornographic, offensive, defamatory, harassing or excessively large;

ii) post information that infringes another party's Intellectual Property Rights; or

iii) knowingly post material that contains viruses or otherwise attempt to crash or interfere with any computer system.

c) While OzEvents has no obligation to monitor Event Information, it may:-

i) read, view or otherwise monitor the contents of Event Information; and

ii) remove or refuse to display any Event Information that it considers in its sole discretion to be in contravention of the terms of this Agreement.

5) Codes and Passwords

a) Members must keep any access numbers, codes or passwords allocated to them by OzEvents confidential.

b) OzEvents must be notified immediately of the disclosure of any access numbers, codes or passwords.

6) Membership Fees

a) Members will promptly pay Membership Fees in accordance with OzEvent's pricing list as varied from time to time.

b) A copy of the pricing list certified by an officer or employee of OzEvents is conclusive evidence of Membership Fees at any given time.

7) Termination

a) OzEvents may terminate a Member's Agreement immediately if:-

i) any payment due to OzEvents pursuant to the Agreement is not made on time;

ii) the Member breaches the Agreement; or

iii) the Member threatens or resolves or is in jeopardy of becoming the subject of any form of insolvency administration.

b) OzEvents may otherwise terminate this Agreement by giving 14 days' notice to that effect to the Member.

c) In the event that this Agreement is terminated pursuant to clause 8(a), any prepaid Membership Fees are non-refundable.

d) In the event that this Agreement is terminated pursuant to clause 8(b), OzEvents agrees to refund to the Member an amount equal to the unused portion of the Membership Fees as at the date of termination.

e) Termination does not affect any debt owed to OzEvents at the time of termination.

8) Disclaimer

a) OzEvents makes no warranty or representation as to the quality, accuracy, availability, merchantability or fitness for purpose of the Members Services or any information or material accessible via the Members Services or the OzEvents site.

b) Any content downloaded or otherwise obtained through the use of the Members Services or the OzEvents site is done at Members' own risk. Members are solely responsible for any damage to computers, computer systems or loss of data that results from downloaded content.

c) OzEvents, its employees, contractors and agents have no obligation or liability of any kind to Members with respect to the malfunction of any OzEvents' equipment or software, the provision or use of Members Services, delays, interruptions or errors or omissions (including negligence) in collecting, recording, processing, storing or disseminating Members Services.

9) Indemnity

a) Each Member shall indemnify and keep indemnified OzEvents against:-

i) all losses, liabilities, costs, charges and expenses (including legal fees and expenses and any loss of profit); and

ii) all actions, claims, demands, proceedings and judgments made against OzEvents;

in respect of or arising out of the Member's use of Member Services or any breach of these Terms and Conditions.

10) Exclusions and Limitations

a) Any part of this Agreement that has the effect of excluding any implied condition or warranty, where the effect of which would be to contravene any statute or cause any part of this Agreement to be void, is void.

b) OzEvents' liability to Members for breach of any express provision of this Agreement or any statutory condition or warranty is limited to the price of the goods or services in respect of which the breach occurred or to providing, replacing or repairing those goods or providing those services again.

c) Clause 10(b) does not apply with respect to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.

Except as expressly provided to the contrary in this Agreement, all warranties, whether express, implied, statutory or otherwise, are excluded.

11) Governing Law

This Agreement shall be governed by the laws in force in the State of Queensland.



 

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