1. Introduction
1.1 This website (Website) is owned and operated by Classe Proprietary Limited (A.C.N. 615 236 103) (Classe).
1.2 By accessing the Website and any of their associated services and functionality (including the Website and any related sites), you agree to be bound by these terms and conditions of use, the Marketplace Terms and Conditions located at http://classe.com.au/market-place-terms/ and the Privacy Policy located at http://classe.com.au/privacy-policy/ (Terms of Use).
1.3 If you do not agree to these Terms of Use, you must not use or continue to use the Website.
1.4 Classe reserves the right to amend the Terms of Use from time to time in its sole discretion and, by using the Website at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms of Use in place.
1.5 If you do not understand any of the Terms of Use, or if you have any questions, please contact Classe at:
info@classe.com.au
2. Using the Website
2.1 You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or their services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of their resources to others.
2.2 Classe cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Classe entirely of all responsibility of any consequences of their use.
2.3 The Website and their content are provided to you on “as is” basis; the Website may contain errors, faults and inaccuracies and may not be complete and current.
2.4 Classe reserves the right to change the Website at any time.
2.5 You must not:
a. use the Website for any activities, or post or transmit to or via the Website any information or materials which:
i. breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;
ii. interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Website
iii. is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
b. use the Website to send unsolicited commercial or bulk electronic messages;
c. make any fraudulent or speculative enquiries, reservations or requests using the Website;
d. provide false information when registering or changing your registration details;
e. tamper with, hinder the operation of or make unauthorised modifications to the Website;
f. knowingly transmit any virus or other disabling feature to or via the Website; or
g. attempt any of the above acts or permit another person to do any of the above acts.
3. Intellectual Property Rights
3.1 The Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
3.2 You acknowledge and agree that Classe owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
3.3 You may not:
a. modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
b. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
3.4 Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer’s cache and a single copy for your own personal use, any of the Website’ content (including any substantial part of them) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.
3.5 If you correspond or otherwise communicate with Classe, you automatically grant to Classe an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
4. Third party Website
4.1 The Website may contain links to other web sites controlled by third parties (Third Party Website).
4.2 Classe is not responsible for the content or privacy practices of Third Party Website.
4.3 The Third Party Website are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by Classe of the third party or the products or services provided by the third party or any affiliation between Classe and the third party.
4.4 You access those sites and/or use those site’s products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third Party Website.
5. Use of Cookies
5.1 Cookies are small pieces of information that your browser stores on your computer hard drive. Classe uses Cookies to provide you site usage information as well as to assist us to improve and develop the Goods and services it offers. [Our cookies do not contain any personal identifiable information.]
5.2 If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.
6. Accuracy of communications
6.1 You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Website are true, complete and accurate.
6.2 If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
6.3 To the fullest extent permitted by any applicable laws, Classe hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.
7. Availability, withdrawal and suspension of service
7.1 Whilst Classe endeavours to provide continuous access to the Website, Classe does not warrant that your access will be safe, uninterrupted, timely, secure or error free.
7.2 Classe may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:
h. if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
i. if you breach any part of these Terms of Use; or
j. if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
8. Indemnity
You will at all times indemnify, and keep indemnified, Classe and Classe’s directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of the Marketplace Terms, the Terms of Use or the Privacy Policy.
9. Exclusion and limitation of liability
9.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
9.2 Classe and its directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of the Website or the information, content or material included or services described on the Website, except as otherwise provided under applicable laws.
9.3 Subject to any rights you have under any consumer protection law, Classe excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use.
9.4 Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, Classe’s liability will be limited to that provided by law.
9.5 To the maximum extent permitted by applicable law, neither Classe, nor its directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
a. the Website;
b. your use of the Website and any sites linked to the Website;
c. any information obtained through the Website;
d. services supplied by or to you following your use of the Website;
e. reliance on or failure to act, on any information or service contained on or accessed through the Website;
f. a withdrawal or suspension of availability of services;
g. errors, mistakes, inaccuracies or omissions on the Website;
h. personal injury or property damage of any nature resulting from your access to or use of the Website;
i. any unauthorised access to or use of our secure servers and/or Personal Information and/or financial information stored on those servers;
j. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;
k. the quality of any product or service of any linked sites; or
l. an inability to use the Website or with any delay in using the Website including, but not limited to, any
interruptions to or cessation of access to the Website, in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
9.6 Classe’s liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
9.7 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Classe and its directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of your actions.
10. Termination
10.1 You may stop using the Website at any time for any reason.
10.2 Classe may suspend or limit your access to the Website in its absolute discretion without notice or liability to you for any reason.
10.3 Classe reserves the right to, at its discretion, terminate these Terms of Use your access to and use of the Website at any time.
10.4 The exclusions and limitations of liability made by Classe in these Terms and Condition will survive termination or suspension of your access to the Website.
11. General
11.1 Classe may in its sole discretion amend these Terms of Use at any time. Any variations to these Terms of Use will take effect from posting on the Website.
11.2 Classe may give notice to you by electronic mail. You may give notice to Classe by electronic mail to info@classe.com.au
11.3 Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
11.4 A failure or delay by Classe to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by Classe does not preclude its future exercise or the exercise of any power or right by or on behalf of Classe.
11.5 Your use of the Website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
11.6 The Website may be accessed throughout Australia and overseas. Classe makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.