(a) “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with the Site;
(b) “Service” means the provision of the Site and any services described therein;
(c) “Site” means www.breesomer.com.au and all parts and pages of it;
(d) “Software” means the software owned or licensed by Bree Somer which forms part of the Site and includes any software which is required by, relevant to, or used in conjunction with the Site including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
(e) “us” means Bree Somer and ‘we’ or ‘our’ shall be interpreted accordingly;
(f) “you” means the person or entity that accesses the Site and ‘your’ shall be interpreted accordingly.
(c) The Site is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services.
(d) In order to use this Site, you require the equipment and connections necessary to access the World Wide Web. Without limitation, you are responsible for:
(i) the provision of any such connection or access to the World Wide Web;
(ii) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(iii) the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
(e) The Site is controlled and operated by us from our offices in the Australia. We have used our best endeavours to ensure that the Site complies with Australian laws. However, the Site is not appropriate or available for use in locations outside Australia.
(a) This registration clause is only applicable if Bree Somer requires you to register to use the Services from time to time.
(b) Requirements for Registration
(i) You must be legally able to form binding contracts to use this Service. This means you must not register for the Service if you under 18 years of age, an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event where you are a company.
(c) Registration Process
(i) You must register your details with us to use this Service which will create an account. This account will be your account for use of the Service (“your Account”).
(ii) Registration is free and does not require you to purchase anything from Bree Somer or the Site.
(iii) You must not use false or misleading information in registering or using the Service and you must update your details should they have changed from the last time you used the Service. We are not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because you have not provided us with up to date, accurate or complete information.
(iv) You must choose a username and password when registering your Account. You are responsible for the security of your username and password and we will assume that anyone using your Account is authorised by you. Under no circumstances will unauthorised access and use of your Account reduce your liability in connection with the Service. This includes your obligation to purchase Services which may result from use of your username and password.
(v) You must notify us immediately if you become aware of any unauthorised use of your Account or other security breach which we may consider relevant.
(vi) You permit us to send you notifications by email of the status of any delivery, a copy of your invoice and any other marketing or promotional events and offers. We will refrain from sending you marketing related materials, including special offers, if you tell us you do not wish to receive these communications when you complete your registration online. We may additionally request that you participate in customer feedback from time to time so that we can improve the Service to you.
(vii) We accept no liability for any loss or damage incurred if you do not receive any notifications by us to you, for whatever reason.
(viii) You may request that your account be closed by emailing us. Your account will be closed if you have paid everything you owe to us in cleared funds and all transactions have been completed.
(d) Transmissions to Site
(i) You are solely responsible for transmissions to our Site when using your account or when the Site is accessed by someone using your Account.
4. System Integrity & User Conduct
(a) You must not use the Site to:
(i) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(ii) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
(iii) input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of Bree Somer or any third party or breaches any duty of confidence or contractual obligation owed to Bree Somer or any third party;
(iv) input, upload, post, disclose or transmit any material that is unlawful or violates any law;
(v) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 (Cth) to any person or company;
(vi) download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Site;
(vii) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another;
(viii) sub-license, rent, lease, transfer or attempt to assign the rights in the Site or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;
(ix) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
(x) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
(xi) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(xii) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(xiii) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(xiv) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or
(xv) breach the Privacy Act 1988 (Cth) as amended, or the National Privacy Principles;
(xvi) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
(b) You acknowledge and agree that you must not:
(i) use the Site for any purpose other than the purpose for which it was designed and intended;
(ii) commit or permit any act which may interfere with the use of the Site by any other user;
(iii) tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
(iv) damage or modify the Software or the Site or any part thereof;
(v) reverse engineer, decompile or disassemble the Software or the Site or any part thereof;
(vi) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Site or any part thereof; or
(vii) modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Site or any part thereof in any way.
(c) You must not without prior written consent of Bree Somer which shall be given, given with conditions or withheld at Bree Somer’s absolute discretion affix or otherwise display your name or logo on the content of the Site or any other website in a way that suggests a direct or indirect association with Bree Somer and/or any content provider to the Software or the Site.
5. Links & Advertising
(a) This Site may contain links to third party websites. Those websites are not under the control of Bree Somer and Bree Somer is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
(b) Neither Bree Somer nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or Services or services of any third party organisations mentioned or described on this Site or linked to or from this Site. you acknowledge that you enter any third party websites at your own risk.
(c) The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Bree Somer nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order Services or service advertised by a third party on the Site, you do so at your own risk.
(d) You must not link the Site from any other website not owned or operated by Bree Somer without prior written consent from Bree Somer.
6. Intellectual Property Rights
(a) The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) is protected by Intellectual Property Rights.
(b) The Content, the Software and the Site are protected by Intellectual Property Rights. You acknowledge that Bree Somer is the owner of these rights, with our affiliates or other third party licensors.
(c) All Services and company names and logos contained within the Site are the trade marks, service marks or trading names of their respective owners, including Bree Somer.
(e) You agree that:
(i) Any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software or the Site will be the sole and exclusive property of Bree Somer;
(ii) You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to us.
(f) The Bree Somer logo and name are owned by us, and may not be used as part of your business or in connection with any goods or services without the prior written consent of Bree Somer which shall be given, given with conditions or withheld at Bree Somer’s absolute discretion.
(a) Your use of the Site or your completion of any forms or tables on the Site does not automatically create a relationship of any sort between you and Bree Somer, including that of client and agent.
8. Information Provided and Privacy
(a) The following applies to any information that you provide to Bree Somer:
(i) You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, including, but not limited to, your name, company or business name, email address and postal address (‘the Personal Information’), to the extent reasonably necessary for the provision of any goods and services requested by you.
(ii) You must ensure that the Personal Information you provide to us and that all registration details (where applicable) contain your correct name, address, e-mail address and other requested details.
9. Social Media
(a) Any information published by us or on our behalf on any social media or other internet channels is strictly for information purposes only and is not intended to be a substitute for professional advice.
(b) You acknowledge and agree that you have not relied on any information published by us or on our behalf through any social media or other internet channels.
(c) Should you experience distress, mental and/or physical symptoms, we recommend you seek medical advice immediately. For the avoidance of doubt, we do not provide medical advice.
(a) Bree Somer does not warrant that:
(i) The Software or the Site will provide any function for which it is not specifically designed;
(ii) The Software or the Site will provide any minimum level of performance;
(iii) The Software or the Site will be virus free or free of performance anomalies or be operational without interruption.
(b) You warrant to us that at the time of entering the Site, you were not relying on any representation made by us.
(c) Except as expressly provided to the contrary, and to the extent permitted by law, We make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Software or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Services included on the Site.
11. Disclaimer and Limitation of Liability
(a) To the extent permitted by law, the Site is provided by Bree Somer on an “as is” basis without any express or implied warranty of any kind.
(b) The Software or the Site may contain inaccuracies or typographical errors.
(c) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
(d) Bree Somer may change any of the material on the Site at any time without notice.
(e) Bree Somer makes no commitment to update any material on the Site.
(f) You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site.
(g) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the material on or accessible through the Site.
(i) You release Bree Somer and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if Bree Somer has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
(j) Without limiting clause 11(i), you release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Software or the Site, whether or not caused by any negligent act or omission including but not limited to:-
(i) loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Software or the Site;
(ii) your reliance on the Software or the Site;
(iii) the statements or actions of any employee or agent of Bree Somer;
(iv) any unauthorised access to or alteration of your transmissions or data;
(v) any information that is sent or received or not sent or received;
(vi) any failure to store or loss of data or files or other content;
(vii) your fraudulent, negligent or otherwise unlawful behaviour;
(viii) any delay or interruption of the Software or the Site;
(ix) any loss incurred as a result of a third party obtaining your access details, either with or without your knowledge;
(x) any loss or damages in relation to the supply of services on or in relation to this Site and any advertisement placed on the Site or information made available on the Site.
(b) Bree Somer reserves the right to discontinue any internet based services provided to you or made available to you through the use of the Software and the Site at any time.
14. Breach and Termination
(b) Bree Somer reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Bree Somer believes, in its sole discretion:
(ii) violates the rights of Bree Somer or any third party; or
(iii) is otherwise inappropriate for continued access and use of the Site.
(c) Bree Somer may terminate your right to access to, or use of, all or part of the Site, immediately on written notice to you if you:
(iv) are the subject of a bankruptcy order, or become insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors, or if you go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over your assets.
(d) On termination or expiry of this Agreement your right to use the Site shall cease.
(a) If you wish to purchase Services advertised on the Site, that purchase will be governed by the terms contained in the document titled ” Terms and Conditions” or similar.
(b) Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
(f) No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.
(i) No waiver by a party of a provision of this Agreement is binding unless made in writing.
(k) Bree Somer operates the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
(l) Where possible, the obligations of the parties under this Agreement will indefinitely survive the finalisation or discontinuance of this Agreement.
(m) This Agreement shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
(n) The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under this Agreement.
(o) The rights and remedies of a party to this Agreement are in addition to the rights or remedies conferred on the party at law or in equity.
(p) The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.