Terms and Conditions

Introduction

These terms and conditions govern your use of the www.northcottinnovation.com.au website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

By using this website and agreeing to these terms and conditions, you consent to Northcott Innovation Limited’s use of cookies in accordance with the terms of the Privacy Policy of The Northcott Society, Northcott Innovation Limited’s parent company.

License to use website

Unless otherwise stated, Northcott Innovation Limited and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed as agreed.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Northcott Innovation Limited’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Northcott Innovation Limited’s express written consent.

Restricted access

Access to certain areas of this website is restricted.  Northcott Innovation Limited reserves the right to restrict access to areas of this website, or indeed this entire website, at Northcott Innovation Limited’s discretion.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, photographic material, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Northcott Innovation Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Northcott Innovation Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Northcott Innovation Limited or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Northcott Innovation Limited reserves the right to edit or remove any material submitted to this website, or stored on Northcott Innovation Limited servers, or hosted or published upon this website.

Notwithstanding Northcott Innovation Limited’s rights under these terms and conditions in relation to user content, Northcott Innovation Limited does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Privacy and personal information

When you use this website or receive services from Northcott Innovation Limited, Northcott Innovation Limited may collect, use and disclose your personal information in accordance with the Privacy Policy of The Northcott Society, Northcott Innovation Limited’s parent company. Details regarding The Northcott Society’s identity and contact details are set out in the Privacy Policy of The Northcott Society.

Northcott Innovation Limited only collects personal information from you that is necessary for it to perform its functions which include providing services to customers, receiving and processing donations, administration of supporters and volunteers, distributing publications, conducting events, assisting with your queries and other general business and administration activities.  Generally, Northcott Innovation Limited collects information directly from the relevant individual.  Sometimes, Northcott Innovation may need to collect information about a customer from a third party, such as a parent, carer, guardian or other responsible person. If you choose not to provide certain personal information to us, Northcott Innovation Limited may not be able to provide you with the services you require or communicate with you.

Northcott Innovation Limited may use and disclose your personal information for the purposes referred to above.  Such disclosure may include disclosure to third parties who provide services to Northcott Innovation Limited or who assist Northcott Innovation Limited to provide services to you, such as housing providers/suppliers.

The Privacy Policy of The Northcott Society, parent company of Northcott Innovation Limited,  contains information about how individuals may access their personal information held by Northcott Innovation Limited, seek correction of such information, complain about a breach of the Privacy Act 1988 (Cth) and how Northcott Innovation Limited will deal with such a complaint.

By using this website or receiving services from Northcott Innovation Limited, you acknowledge and agree to the terms of the Privacy Policy of The Northcott Society, Northcott Innovation Limited’s parent company and to Northcott Innovation Limited collecting, using and disclosing your personal information on the terms of the Privacy Policy of The Northcott Society.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Northcott Innovation Limited makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Northcott Innovation Limited does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.

Limitations of liability

Northcott Innovation Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Northcott Innovation Limited has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Northcott Innovation Limited’s liability in respect of any:

  • death or personal injury caused by Northcott Innovation Limited’s negligence;
  • fraud or fraudulent misrepresentation on the part of Northcott Innovation Limited; or
  • matter which it would be illegal or unlawful for Northcott Innovation Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Northcott Innovation Limited has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Northcott Innovation Limited’s officers or employees, or bring any claim personally against The Northcott Society’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Northcott Society’s officers, employees, agents, subsidiaries such as Northcott Innovation Limited, successors, assigns and sub-contractors as well Northcott.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Northcott Innovation Limited and undertake to keep Northcott Innovation Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Northcott Innovation Limited to a third party in settlement of a claim or dispute on the advice of Northcott Innovation Limited legal advisers) incurred or suffered by Northcott Innovation Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Northcott Innovation Limited’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Northcott Innovation Limited may take such action as Northcott deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Northcott Innovation Limited may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Northcott Innovation Limited may transfer, sub-contract or otherwise deal with Northcott Innovation Limited’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with other relevant, constitute the entire agreement between you and Northcott Innovation Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with NSW Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts.

Fund raising

All donations are used to support Northcott Innovation projects and initiatives, but are not restricted to those programs listed on this webiste.

T & C Credit

This document was created using a Contractology template available at http://www.freenetlaw.com