HiPPOS Terms & Conditions
1. HiPPOS Terms & Conditions
As consideration for allowing you the (User) to view the Content on the website, located at the URL URL (Site) Users agree to the following Terms and Conditions of Use (Terms and Conditions).
The Site is operated by HipPOS (Idealpos Solutions Pty Ltd CAN 091 801 204) (HipPOS) also described as (We, Our) provides Users with access to the Content and Facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable license contained in these Terms and Conditions.
By viewing the Content, use the Facilities on the Site, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them. If You do not agree to these Terms and Conditions, please leave this Site immediately.
Content means text, data, speech, music, or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).
Designed Agent means the person appointed by the Site owner to respond to allegations of Copyright breaches of Content that appears on the Website.
Facilities means any feature that appears on the Site that enables users to access or use the Content.
2. Permitted Use
a) Unless otherwise indicated, we reserve all copyright in the Content and design of the Site. We own all such copyright or provide it to Users it under the terms of a limited license embodied in these Terms and Conditions each time you visit the Site.
b) Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
c) Users must not use, reproduce, communicate, publish, or distribute any of the Content on our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, you must not reproduce or use any of the information on our Site for commercial benefit.
d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.
3. Prohibitions on Use
This Site and the information and facilities contained herein must not be used in any manner that infringes Our rights. Users must not:
i. Data mine or conduct automated searches on our Site or the Content on our Site, whether through the use of additional software or otherwise;
ii. Frame or mirror our Site;
iii. Tamper with, hinder the operation of, or make unauthorized modifications to the site or any of its Content;
iv. Transmit any virus, worm or other disabling feature to or via our Website;
v. Abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;
vi. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our Site or the domain;
vii. Use our Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute and infringement of the Spam Act 2003 (Cth);
3.2 TAKE DOWN PROCEDURE
We take all reasonable steps to be aware of Content published on the Site. We commit to remove all material as soon as practical after we notified that Content may be a breach of copyright or other intellectual property rights, is defamatory or otherwise claimed to be illegal.
To notify us of a claimed infringement of Copyright please send a notification to firstname.lastname@example.org that includes the following information:
a) the alleged Material in which copyright is claimed and its location on our Website;
b) information about the complaining party (Complainant) including for example:
ii. telephone number (land line and mobile);
iii. email address;
c) An electronic or physical signature of the copyright owner or authorized agent of the owner of the allegedly infringing material;
d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Users acknowledge and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the Materials from our Site without further notice.
To notify us of material that you believe should be removed from the Site other than because of alleged Copyright, please send an email to email@example.com.
3.3 RSS FEEDS
If Users utilize any of the Facilities on the Site such as RSS Feed(s)(Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the full article on the Site and show any included attestation.
We may be the owner of several common law (or where indicated), registered trademarks which appear on the Site. Unauthorized use of these trademarks will infringe our intellectual property rights. If you have infringed our rights in this regard we reserve our right to take action against you.
5. Provision of service
a) We may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
b) We may also choose at our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Site.
c) We may make improvements and or changes to Site and the Content at any time without notice. We do not warrant that the information architecture or navigation will not change now or at any time in future.
6. Disclaimer and limitation of liability
6.1 NO DUTY OF CARE
a) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in the addition to those contained in these Terms and Conditions.
b) We make the Site available of Users to use, however we do not assume a duty of care of Users. We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.
6.2 DISCLAIMER OF WARRANTIES
Users expressly acknowledge and agree that, to the maximum extent permitted by law:
a) their use of our Website is at their sole risk. The service is provided on an “as is” and “as available” basis. HipPOS and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
b) HipPOS and its employees, officers and authorized agents make no warranty that:
i. the content will meet Users requirements;
ii. the information contained in the Content is accurate or reliable;
iii. the Content will be uninterrupted, timely, secure or error-free;
iv. the quality the Content, or other material obtained by Users through the meet your expectations; and
v. any errors will be corrected;
c) any Content downloadable or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the downloadable of the Content; and
d) no advice or information, whether oral or written, obtained by you from HipPOS through or from the Content creates any warranty not expressly stated herein;
6.3 LIMITATION OF LIABILITY
a) Except for certain statutory warranties under consumer protection laws we do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or use of the Content on this Site.
b) Subject to any claims available under consumer protection laws, HipPOS its officer, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
i. any inaccurate or incorrect information provided on the Site;
ii. users use of the Content;
iii. any failure or delay including, but not limited to, the use or inability to use any of the Content;
iv. any interference with or damage to Users’ computer systems which occurs in connection with of this Content;
v. the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;
vi. any unauthorized access to or alteration of your Account information;
c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of HipPOS for such a claim will (at HipPOS’s option and to the extent permitted by law) be limited to:
i. in the case of goods:
I. repairing or replacing those goods; or
II. paying the cost of having those goods repaired or replaced; and
ii. if the breach relates to Content:
I. resupplying those or equivalent Content; or
II. paying the cost of having those Content resupplied.
6.4 LINKS TO THIRD PARTY SITES
a) We do not represent that the Content on other websites to which our Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
b) By inadvertently linking to infringing third party content, we are not authorizing infringement of any intellectual property rights contained on those websites. Please contact us at firstname.lastname@example.org to notify us of any links you allege are infringements.
7. Miscellaneous Provisions
7.1 ACCESS TO THE SITE OUTSIDE THE JURISDICTION
No representation or warranty is made that the Content on the Website complies with the laws of any country outside of Australia. If Users access the Site from outside Australia, you do so at your own risk.
7.2 CHANGES TO TERMS AND CONDITIONS
We may change the Terms and Conditions at our discretion by providing notice on our Website. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.
7.3 ENTIRE AGREEMENT
These Terms and Conditions and any warranties implied by which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with Our Officers, Agents or Authorized Representative that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.
a) By using the Site, Users indemnify us and our respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we may incur or suffer as a direct or indirect result of:
i. a breach of these Terms and Conditions of Use;
ii. an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct by data uploaded or downloaded from our Website;
iii. any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.
7.5 GOVERNING LAW AND JURISDICTION
The laws of Queensland and Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable form the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
If we do not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of our right to act with respect to subsequent or similar breaches.