These Terms of Use apply to all websites, apps and ecommerce platforms owned, operated, managed and controlled by Australian Wool Innovation Limited acting for itself and on behalf of its subsidiaries and affiliates (the Channel).
Your use of the Channel including any information, graphics, text, software and materials (Content) on it is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Channel. This Terms of Use do not apply to any online commercial transaction made on the Channel and these online commercial transactions will be governed by separate terms and conditions which will be made known to you.
Information available on the channel
Unless expressly stated otherwise, the Content does not constitute an offer or inducement to enter into a legally binding contract; or form part of the terms and conditions for our products and services.
We do not warrant the accuracy of the Content. The Content is provided to you on an AS IS and on an AS AVAILABLE basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk.
On certain Channels we accept listings or information from third parties such as suppliers and when doing so, we accept it in good faith. We do not independently verify the extent to which they are legally authorised, capable or skilled in relation to the listing or information and we will not be liable for the same. We encourage you to conduct your own inquiries as to its quality and appropriateness.
Availability of the channel
While we use reasonable care and skill to ensure the Channel is uninterrupted you acknowledge that Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software which are often outside of our control.
We do not warrant that access to the Channel or the functions within it (e.g. hyperlinks) will be error free, free from defects or harmful code or that any such defects or errors will be corrected. You must take your own precautions to ensure against viruses or anything else such as worms or Trojan horses that may interfere with or damage the operations of your computer systems.
In relation to any device which you use to access the Channel, we recommend that you obtain, utilise and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for the device you use to access the Channel.
User conduct
You are responsible for all of your activity in connection with accessing the Channel. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Channel and/or legal action which may be pursued by us without further notice to you.
If we issue you with a password that permits you to access certain parts of the Channel, you are solely responsible for any use of the Channel through such access, whether authorised or not.
You agree that you will not (either yourself or through any third party):
- use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Channel or any transaction or process being conducted on or through the Channel;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Chanel;
- disrupt, modify or interfere with the Channel or is associated software, data, hardware and/or servers in any way and you agree not to impeded or interfere with others use of the Channel;
- attempt to modify, add, delete or download the channels website and associates files, source code, stored data which is not in the standard publically available published information set;
- use the Channel for the purpose of harming or attempting to harm minors in any way; and/or
- transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) to any address mentioned on our Channels or otherwise made available via our Channels.
Other than connecting to our server by a http request using a web browser you may not attempt to gain access to our servers by any means including without limitation by using administrator passwords or by masquerading as an administrator whilst using the Channel.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Channel. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
If you upload or post information, content, data or otherwise on the Channel then this is done so at your own risk. We reserve the right to review your content from time to time and we reserve the right to remove any of your content if we feel that it is not appropriate, or offensive. Not appropriate or offensive content includes but is not limited to any content that is sexually orientated, abusive, harassing, defamatory, vulgar, obscene, profane, bigoted, incites violence.
By posting your content on our Channel you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such content (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorise others to do so.
You shall indemnify us, our employees, representatives and third party service providers from any and all claims and liabilities (including reasonable legal fees) which may arise from your content, from your unauthorised use of Content, unauthorised access to the Channel or from your breach of these Terms of Use or any other act or omission relating to or connected with the Channel or Content.
Links to third party websites
Our Channels may contain links to other websites some of which may be white-labelled or co-branded with our logos; however these channels may not be owned, operated, maintained or controlled by us. The inclusion of these links is not intended to indicate that we sponsor, approve or endorse the websites (unless we specifically state otherwise) We are not responsible for the content, availability, useability nor the privacy practices or policies of those websites and recommend that you review their terms of use and privacy policies. Access to the third party websites is at your own risk.
Termination and suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any Channel (or any service offered through any Channel) at any time. In the event of termination you are no longer authorised to access the Channel. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
YOUR CONSUMER RIGHTS
You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
Our liability
Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. We exclude all other conditions and warranties implied by custom, law or statute. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.
You must notify us without delay of any loss you suffer in connection with the Channel or the Content and you must take all other reasonable steps to minimise your loss.
Subject to Your Consumer Rights, we are not liable, for any loss that was not reasonably foreseeable to you and us at the time you first used the Channel or Content; for any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity; to the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware); for any interference with or damage to your computer systems as a result of the connection to the Channel; or for any indirect, incidental, special and/or consequential loss whatsoever.
To the extent permitted by law, our aggregate liability under or in relation to any act or omission by us or any connected act or omission relating to or connected with the Channel or Content will not exceed one hundred Australian dollars.
Copyright and trade marks
Copyright in the Content on the Channel is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on the Channel or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on the Channel may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).
Trade marks used on this Channel are owned by us or third parties. You must not use trade marks on this Channel without the trade mark owner’s consent.
Changes under these Terms of Use
We may at any time vary these Terms of Use by publishing a new version on our Channels. You accept that by doing this, we have provided you with sufficient notice of the variation. Use of the Channel at any time is governed by the current Terms of Use. Whenever you visit our Channel, you should ensure that you are familiar with the current version of these Terms of Use.
Jurisdiction
The law applicable to the Channel and to disputes arising out of the Channel is the law of the State of New South Wales, Australia.
Privacy
Any personal information or personal data will be handled in accordance with AWI’s Privacy Policy.
About us
We, us or our refers to Australian Wool Innovation Limited acting for its and on behalf of its subsidiaries and affiliates. Our ABN is 12 095 165 558. You can contact us at our registered office Level 3/24 York St, Sydney NSW 2000. Phone: (02) 8295 3100.
AWI Terms of Use Version 2 - dated 25 March 2019.
