PRIVACY + TERMS
35DN is committed to protecting your privacy. We comply with the National Privacy Principles and all other relevant Australian legislation. 35DN may collect anonymous information....
3. USE OF THE WEBSITE
This Website is for your personal, non-commercial use only. You are strictly prohibited from the following:
a)downloading, copying, altering, modifying, distributing, adapting, modifying and/or re-transmitting any or all of the content on the Website without our written consent;
b)using the Website or content therein for any commercial use.
4. INTELLECTUAL PROPERTY
We either own or have a valid licence to use all intellectual property included on this Website, including, but not limited to registered and unregistered trade marks, graphics, logos, text, images, audio, video clips, software, data compilations, button icons and digital downloads.
Nothing contained herein grants you any licence or any right to use, in any way, any of the intellectual property included on the Website without our prior written consent.
Third Party Websites:
The Website may contain links to third party websites. We do not monitor such websites, are not responsible for the material and content included on them and are not responsible for any potential damage arising out of or in connection with your use of such links. Any User access to third party websites at their own risk.
Use of the Website and Technical Issues:
Despite our best efforts, we make no warranties that our website is free from infection by computer viruses or other contamination.
Under no circumstances shall we be liable for any loss or damage, including personal injury or death, resulting from use of our Website or from the conduct of any other Users on the Website. The Website is provided “as is” and “as available” and we expressly disclaim any warranty of fitness for any particular purpose or non-infringement.
Our Website is controlled, hosted and offered from its facilities in Australia. We make no representations as to the availability or appropriateness of the Website for use from other territories. Any access from other territories is at the User’s own risk and the User is responsible for compliance with any local laws.
Limitation of Liability
EXCEPT FOR ANY LIABILITY THAT BY LAW CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES WILL 35 DEGREES NORTH, ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, COST (INCLUDING, BUT NOT LIMITED TO LEGAL COSTS) WHATSOEVER RESULTING FROM ANY USE OR ACCESS OR INABILITY TO USE OR ACCESS THE WEBSITE.
YOU INDEMNIFY AND AGREE TO KEEP HARMLESS 35 DEGREES NORTH AND ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS IN RESPECT OF ANY CLAIM, PROCEEDINGS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO LEGAL EXPENSES) ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY NEGLIGENT ACT OR OMMISSION IN PERFORMING YOUR OBLIGATIONS UNDER THIS AGREEMENT OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.
a) This Agreement is governed in accordance with the laws of NSW, Australia and you agree to submit to the non-exclusive jurisdiction of the state of NSW, Australia.
b) Any failure of ours to exercise or enforce any right or provision in this Agreement does not constitute a waiver of that right or provisions.
c) This Agreement constitutes the entire agreement between the User and 35DN in relation to any use of the Website.
d) The terms of this Agreement may not be assigned by you but may be assigned by 35DN without restriction.
e) If any part of this Agreement is found to be invalid or of no force or effect under any applicable laws, the Agreement shall be interpreted as though such part had not been inserted and the rest of the Agreement shall retain its full force and effect.
f) 35DN reserves its right to amend the terms of this Agreement from time to time. Your continued use of the Website following such amendments constitutes your acceptance of such revised terms.
We reserve the right, in our sole discretion and without cause, to restrict or terminate your access to the Website, without prior notice to you and without incurring any liability.