WEBSITE TERMS OF USE

1.             Introduction

1.1.         The websites www.imweb.com.au and www.imwebmaintenance.com.au  (Websites) are owned and operated by IM Web Pty Ltd (ACN 614 066 385) trading as IM Web Digital Solutions and IM Web WP Maintenance (IM Web).

1.2.         By accessing the Websites and any of their associated services and functionality (including the Websites and any related sites), you agree to be bound by these Terms of Use and the Privacy Policy located respectively at www.imweb.com.au/website-terms-of-use/ and www.imweb.com.au/privacy-policy.

1.3.         If you do not agree to these Terms of Use or the Privacy Policy, you must not use or continue to use the Websites.

1.4.         IM Web reserves the right to amend the Terms of Use from time to time in its sole discretion and, by using the Websites 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 IM Web at info@imweb.com.au.

2.             Using the Websites

2.1.         You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Websites or their services in anyway (or the servers and networks which are connected to the Websites) or use the Websites in a manner that adversely affects the availability of their resources to others.

2.2.         IM Web cannot guarantee that any file or program available for download and/or execution from or via the Websites 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 IM Web entirely of all responsibility of any consequences of their use.

2.3.         The Websites and their content are provided to you on “as is” basis; the Websites may contain errors, faults and inaccuracies and may not be complete and current.

2.4.         IM Web reserves the right to change the Websites at any time.

2.5.         You must not:

(a)          use the Websites for any activities, or post or transmit to or via the Websites any information or materials which:

  • breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
  • interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Websites
  • is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;

(b)          use the Websites to send unsolicited commercial or bulk electronic messages;

(c)          make any fraudulent or speculative enquiries, reservations or requests using the Websites;

(d)          provide false information when registering or changing your registration details;

(e)          tamper with, hinder the operation of or make unauthorised modifications to the Websites;

(f)            knowingly transmit any virus or other disabling feature to or via the Websites; 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 Websites and all content forming part of the Websites, 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 IM Web owns, controls or is licensed all legal right, title and interest in and related to the Websites, including all intellectual property rights.

3.3.         You may not:

(a)          modify or copy the layout or appearance of the Websites or any computer software or code contained in the Websites; and/or

(b)          decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Websites.

3.4.         Except where permitted by law, any of the Websites’ 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 IM Web, you automatically grant to IM Web 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 Websites and developing your ideas and suggestions for improved products or services we provide.

4.             Third party Websites

4.1.         The Websites may contain links to other web sites controlled by third parties (Third Party Websites).

4.2.         IM Web is not responsible for the content or privacy practices of Third Party Websites.

4.3.         The Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by IM Web of the third party or the products or services provided by the third party or any affiliation between IM Web 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 Websites.

5.             Use of Cookies

5.1.         Cookies are small pieces of information that your browser stores on your computer hard drive. IM Web 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 information.

5.2.         If you disable cookies on your web browser, you may not be able to fully experience all features of the Websites.

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 Websites 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, IM Web hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Websites.

7.             Availability, withdrawal and suspension of service

7.1.         Whilst IM Web endeavours to provide continuous access to the Websites, IM Web does not warrant that your access will be safe, uninterrupted, timely, secure or error free.

7.2.         IM Web may at its discretion withdraw completely, or suspend for a period of time, the Websites, 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 Websites for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

8.             Exclusion and limitation of liability

8.1.         We do not warrant that the Websites will be available at all times or that it will be provided without fault or disruption.

8.2.         IM Web 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 Websites or the information, content or material included or services described on the Websites, except as otherwise provided under applicable laws.

8.3.         Subject to any rights you have under any consumer protection law, IM Web 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.

8.4.         Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, IM Web’s liability will be limited to that provided by law.

8.5.         To the maximum extent permitted by applicable law, neither IM Web, 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 Websites;

(b)          your use of the Websites and any sites linked to the Websites;

(c)          any information obtained through the Websites;

(d)          services supplied to you following your use of the Websites;

(e)          reliance on or failure to act, on any information or service contained on or accessed through the Websites;

(f)            a withdrawal or suspension of availability of services;

(g)          errors, mistakes, inaccuracies or omissions on the Websites;

(h)          personal injury or property damage of any nature resulting from your access to or use of the Websites;

(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 Websites by any third party;

(k)           the quality of any product or service of any linked sites; or

(l)            an inability to use the Websites or with any delay in using the Websites including, but not limited to, any interruptions to or cessation of access to the Websites,

in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

8.6.         IM Web’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.

8.7.         You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that IM Web and its directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of your actions.

9.             Termination

9.1.         You may stop using the Websites at any time for any reason.

9.2.         IM Web may suspend or limit your access to the Websites in its absolute discretion without notice or liability to you for any reason.

9.3.         IM Web reserves the right to, at its discretion, terminate these Terms of Use your access to and use of the Websites at any time.

9.4.         The exclusions and limitations of liability made by IM Web in these Terms and Condition will survive termination or suspension of your access to the Websites.

10.          General

10.1.      IM Web 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 Websites.

10.2.      IM Web may give notice to you by electronic mail. You may give notice to IM Web by electronic mail to info@imweb.com.au.

10.3.      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.

10.4.      A failure or delay by IM Web 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 IM Web does not preclude its future exercise or the exercise of any power or right by or on behalf of IM Web.

10.5.      Your use of the Websites is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this Websites are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

10.6.      The Websites may be accessed throughout Australia and overseas. IM Web makes no representations that the content of the Websites complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Websites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Websites.