Terms of Use

This page sets out the Terms of Use for the 17 Ways Pty Ltd website 17ways.com.au. You should read these Terms of Use carefully and contact us at info@17ways.com.au with any questions before you use the website. If you do not agree to the Terms of Use, you should not use the website. It is of particular importance that you read and understand the terms which appear further down in this document under the headings ”DISCLAIMERS” and “OUR LIABILITY TO YOU.”

License to use the website

Subject to you complying with these Terms of Use, we grant you a non-exclusive license to use the website to (i) learn about our business and services; (ii) to review content published on the website; (iii) to contact us; and (iv) in the event that the website includes a forum or functionality to enable a group discussion, to contribute to the discussion topics published on the website. You may print a copy of any page within the website for your own personal use.

Your access to certain functionality may be subject to you registering on the website to become a website “Member”. Additional functionality may become available to you and may include, [insert details if relevant]. Your use of any additional functionality must be restricted to the limited purposes of our relationship as set out in the relevant agreement.

Fees applicable to your use of the website

Access to the website is provided free of charge. If you become a 17 Ways Pty Ltd customer, we will enter into a separate agreement with you in respect of the work to be done and/or products to be supplied. Fees and charges will apply as set out in that agreement. These Terms of Use purely cover your use of the website and, and the other customer agreement between you and us will prevail to the extent of any inconsistency.

Messaging services

“Messaging Services” (which includes any communication facility offered over the website to enable communications between you and the public at large, a group or an individual) may only be used for the limited purposes for which you are granted a license for the website (see Terms of Use - License to use the website above). The types of messaging services available may change over time but may include feedback in forums, and the facility to contact us. You must ensure that any information you provide on the website or through a Messaging Service is at all times true, accurate and up to date.

Some specific prohibited uses of the website and of Messaging Services

In addition to the requirements above, some specific ways in which you must not use the website or a Messaging Service are:

• to bring us or the website into disrepute;
• publish content that is sexual, obscene, defamatory, disparaging, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred or which could in any other way reasonably be considered to be inappropriate;
• to exploit or embarrass any person in any manner or to provide any image or information regarding any other person except with such person’s consent;
• to advertise or offer to sell or buy any goods or services for any business purpose or to promote business activities that are in competition with the website;
• to provide any professional advice;
• to cause you or us to breach any law, regulation, rule, code or other legal obligation including: (i) promoting or providing information in relation to any activity which is unlawful; (ii) causing or contributing to the infringement of the intellectual property, publicity, privacy, confidentiality or any other legal rights of any person; (iii) misleading or deceiving including impersonating any person or falsifying or deleting any author attributions, legal or other notices;
• to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• to conduct or forward surveys, contests, pyramid schemes or chain letters;
• to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages;
• to download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
• to restrict or inhibit any other user from using and enjoying a Messaging Service;
• in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website;
• to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website;
• to change or attempt to change the presentation, content or layout of any part of the website;
• to attempt to probe, test or circumvent the security aspects of the website;
• to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer); or
• except to the extent permitted by law, to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the website.

Information about you

Always use caution when giving out any information about yourself, especially with respect to information which can be used to personally identify you. Disclosure of any personal information on a Messaging Service is at your own risk. If you inadvertently publish content please contact us at info@17ways.com.au and we will endeavour to assist you promptly.

Upon our request, you agree to provide us with identification and/or other information as we may reasonably require to verify your identity, your compliance with the Terms of Use and/or as may be required by any government agency. We may also collect information about you in the instances set out in the Privacy Policy and any information you provide through a Messaging Service may be retained by our computer systems. We may disclose any information about you where we are required to do so by a law, regulation or legal process (such as a court order) or a governmental request and otherwise as in accordance with the Privacy Policy.

Content provided by others

We may but will not necessarily (and are not obligated to) monitor, verify, correct or otherwise review the quality of any material published by others on the website. Your access to and use of any material posted by others should assume that all content provided by others has NOT been monitored or reviewed by us. Any use by you of material provided by others must be on the basis that we are in no way endorsing it; that it may be unreliable, inaccurate or unsuitable for your purposes; and that you assume full responsibility for any reliance you place on such material. If you believe that any content provided by another website user breaches any legal rights (such as intellectual property or confidentiality rights), is defamatory, is misleading or deceptive or is in any way inappropriate, please contact us immediately at info@17ways.com.au.

Website functionality

The website functionality is a dynamic part of our business and may change over time. In general, changes to website functionality will happen without you receiving notice and may include:

• addition or removal of content and/or services;
• addition of new features or variations to existing features (such as look and feel of the website and how you interact with it); and
• restricting use of any available bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other Messaging Service(s). If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and this agreement (see Termination below).

Website security

You agree to comply with all reasonable security procedures which we may require. If you suspect or know of any unauthorized use of the website, you must contact us immediately at info@17ways.com.au

Linking

The website may contain links to or from other external websites not operated by us ("linked sites"). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.

Advertising

Any advertising on the website does not represent our endorsement of or warranties in relation to whatever is being advertised or the relevant business. We make no statements, representations or warranties as to the accuracy, suitability or reliability of any content or material provided in such advertising or the business, products or services being advertised.

Intellectual property rights

The website contains material that is protected by Australian and international intellectual property laws. Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights. As between you and us, we own all intellectual property rights in connection with the website. Any content on the website or sent to you by email may be subject to intellectual property rights and you must ensure you do not breach those rights. You must also ensure you comply with any limitations on use, reproduction and/or dissemination in respect of that content. This applies to any content published or sent by us and by other website users. We do not claim ownership in any materials you provide via the Messaging Services or otherwise post, upload, submit or transmit to any part of our website or associated services (collectively “Content You Provide”). You grant us, our affiliates and sublicensees, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Content You Provide in any way and permit us to authorize any person to do the same thing, including reproducing, changing and communicating the content to the public or using it in connection with the operation of our internet business. You acknowledge that your name may be published in connection with Content You Provide. You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in this paragraph. The licenses granted in this paragraph continue after termination of these Terms of Use. You consent to any act or omission which would otherwise constitute an infringement of your moral rights and, if you add any content in which any other person has moral rights, you must also ensure that person also consents in the same manner.

Except with our written permission on a case by case basis, you may not use any content available on the website to provide your own publications, website or other types of distribution service(s).

DISCLAIMERS

In addition to other statements made in these Terms of Use as to warnings and possible problems you may encounter using the website, the Messaging Service(s) and any content, we draw your attention to the following:

1. The website, website functionality, Messaging Service(s) and all content published or transmitted:
   • are provided “as is”, may contain inaccuracies and/or errors, may be unsuitable for your requirements and purposes and may not provide the results you desire;
   • may be unavailable and/or not operate in a timely manner;
   • may not be secure and expose you to personal risk;
2. For business, technical and other reasons, the website will not operate on a continuous basis and may be unavailable from time to time, such as for maintenance purposes. Operation of the website and your access to certain website functionality may also be temporarily or permanently suspended for various reasons and at our discretion. Suspensions may apply to you individually or to all (or any group of) website users;
3. Any content provided may be out of date, not true for the location(s) relevant to you, contain inaccuracies or errors or be otherwise untrue. We make no endorsements and no representations or statements as to the reliability, accuracy or suitability of any content.
4. Any content published is by way of general information only and neither the website nor any content should be considered professional advice to you. Professional advice needs to consider all relevant details of your particular personal or business circumstances. For professional advice you should consult a qualified professional to consider your specific circumstances.

OUR LIABILITY TO YOU

To the maximum extent permitted by law:

1. Your use of the website, any Messaging Service(s) and any content published or transmitted is on the basis that you assume responsibility for all associated risks;
2. We exclude all representations and warranties (whether express or implied) other than those expressly set out in these Terms of Use and those which by law cannot be excluded;
3. All liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of: (i) the fees we have charged you (or if we have not charged you any fees, $10); or (ii) the cost of us remedying any defect; Liability limited by this section includes liability in any way related to:
   • the website, including any website functionality and any Messaging Service(s);
   • the security of the website, website functionality and any Messaging Service(s);
   • links by external websites to or from the website and the linked sites;
   • advertising on the website;
   • content on the website and/or your reliance on any content;
   • support we may provide to you; and
   • loss of data, interruption of business or any consequential or incidental damages.
4. You also agree to waive any claim which you may otherwise have against any of our third party suppliers. To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability shall be limited to the maximum extent permitted by law.
5. To the maximum extent permitted by law, where liability cannot legally be limited in the above manner, then our liability in respect of any claim, at our option, is limited to: in the case of goods:
   • the replacement of the goods or the supply of equivalent goods;
   • the repair of the goods;
   • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
   • the payment of having the goods repaired, and in the case of services:
   • the supply of the services again; or
   • the payment of the cost of having the services supplied again. You will indemnify us against (i) any costs and losses which arise due to your misuse of the Website, Messaging Service and any content and (ii) any costs and losses which arise due to your breach of these Terms of Use, any law or regulation or the legal rights of any person.

Changes to the Terms of Use

At times we may change the Terms of Use by publishing an updated version on the website which will supersede all previous versions. Changes may be made to protect our interests and to reflect changes in the website and any products or services we offer. At all times you are free to terminate your use of the website and this agreement with us without any further charge or penalty.

Termination

These Terms of Use may be terminated at any time and for any reason by:

• you, by ceasing all further access to or use of the website, and if you have registered as Member, by advising us at info@17ways.com.au
• us, by ceasing to operate the website, terminating your access to the website or its functionality or advising you by email.

Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.

Miscellaneous

Please contact us at info@17ways.com.au if you are experiencing any problems with any website user. Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user.

You may only use the website within Australia. As an individual, you must be at least eighteen years of age and an Australian resident. As a company you must be incorporated and conducting business within Australia. If you are accessing the website on behalf of a company, you must be duly authorized to accept these Terms of Use on behalf of that company.

These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect.

Any failure to assert any right under the Terms and Conditions does not constitute a waiver of such right.

These Terms of Use are governed by and construed in accordance with the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

Definitions

In addition to the definitions already set out:

• “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website or any Messaging Service ;
• “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively;
• “we”, “us” and “our” refers to 17 Ways Pty Ltd;
• “website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and
• “you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).

(Updated as at 12.03.2015)