Please read these terms and conditions carefully. On acceptance they create a binding contract between you and Saropa. You may not use the services provided at this website unless you accept them.
1 Some Important Terms
1.1 The following expressions, where used in these terms and conditions, have the following meanings:
means Saropa Pty Ltd (ABN 41 142 178 434), its successors and assigns.
means the computer code underlying this Website.
means the content of this Website, but does not include Your Material.
means monies payable by you to Saropa for the use of this Website and the Services.
means all forms of intellectual property throughout the world including copyright, patents, petty patents, innovation patents, patentable inventions, know-how, trademarks (whether registered or unregistered), registered and registrable designs, circuit layout rights, applications for registration of any of the foregoing and rights to apply for registration of any of the foregoing.
means a user of this Website who has joined as a member and who uses the Website subject to the payment of Fees.
means information about an individual's health, racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or trade union, sexual preferences or practices or criminal record.
means services provided at this Website.
means this website.
means information, photographs, documents or other materials uploaded to this Website.
2.1 These terms and conditions apply to your use of the Services. They apply whether you are a guest or visitor using the Website and the Services on a trial basis or a Member.
2.2 By viewing the Content on this Website or using the Services or by logging on as a Member, you signify your agreement to these terms and conditions.
2.3 If you do not agree to these terms and conditions, please exit this Website immediately.
3 Your Password
3.1 Access to the Services is by password which you have chosen. You must keep your password confidential and you must not disclose it to any third party. You are solely responsible for protecting your password from unauthorized access and use. Saropa is not liable to you or any third party for any loss of any kind which you may incur if a third party uses your password.
4.1 You may use the Website and the Services for your own personal or in-house business use.
5 Unacceptable Use
5.1 You must not use this Website or the Services to:
- copy the Website, the Content or the Code for commercial sale or licence;
- upload, post or transmit any material that is pornographic, racist, offensive, defamatory, abusive, misleading or deceptive or unlawful;
- defame, abuse, threaten, intimidate or harass any person;
- transmit any computer virus or other potentially harmful computer program;
- infringe the intellectual property rights of any user or other third party;
- commit fraud or any other unlawful activity;
- breach the privacy rights of any person;
- harvest or collect information (including the identity and contact details of any person for commercial use or distribution);
- advertise any business, goods or services, solicit for money, donations, gifts or membership of any organization or scheme;
- interrupt or corrupt the use of the Website or the Services by any person; or
- upload, post or transmit spam, chain letters.
5.2 If Saropa considers in its discretion that you have breached any of the rules in the preceding clause, Saropa can suspend your use of or access to the Website and your use of the Services. Exercising this right does not prevent Saropa from exercising any other rights or remedies it has under these terms and conditions and at law.
6 Your Material
6.1 Subject to, and to your compliance with, these terms and conditions and to the payment of applicable Fees, you may upload and remove Your Materials as you require.
6.2 Saropa agrees that it obtains no right, title or interest in or to Your Material or the Intellectual Property inherent in it as a result of your use of this Website or the Services.
6.3 When you upload Your Material to the Website you grant Saropa a world-wide and royalty free licence to store and publish it on the Website, subject to these terms and conditions.
6.4 You are solely responsible for determining what materials you will upload to this Website as “Your Materials”. Saropa is not obliged to monitor or screen Your Materials but may do so.
6.5 Saropa may delete, edit, move or refuse to admit Your Materials without notice to you if they breach the provisions of these terms and conditions or if Saropa otherwise considers that they are inappropriate.
6.6 If Saropa admits Your Materials to the Website, or does not remove them from the Website, this does not imply that Saropa has accepted them as complying with these terms and conditions. Saropa may exercise its rights under the preceding clause at any time.
7 Ownership of the Website and its Intellectual Property
7.1 You agree that Saropa or its related entities is the owner of:
- this Website;
- the Domain name;
- the Code;
- the Content;
- the trade mark “Saropa” and
- all Intellectual Property rights in relation to the foregoing
7.2 You must not reverse engineer or decompile this Website and you must not seek to gain access to the Code.
7.3 You are permitted to temporarily store the Content on your personal computer for the sole purpose of viewing it or using the Services. You must not copy, reproduce, transmit or distribute the Content or the Code in any form or on any medium for any other purpose.
8.1 Saropa may at its discretion and from time to time:
- vary these terms and conditions; and
- otherwise vary the Content.
8.2 Variations take effect when first published on the Website and apply prospectively from that time. While Saropa may draw attention to the changes by the placement of notices on the Website, it is not obliged to do so.
9 Technical Issues and Down-time
9.1 You acknowledge and agree that:
- Saropa does not promise that the Website will operate at any particular speed or in any particular technical environment. It is your responsibility to determine the technical compatibility and performance parameters of your connection to the Website;
- Saropa does not promise that the Website will operate error or bug free;
- the Website may experience delays, interruptions and down-time as a result of technical difficulties whether with the Website or the internet;
- Saropa may at its discretion interrupt or close access to the Website to perform maintenance or to modify the Website;
- while Saropa has taken precautions against the transmission of computer virus and other damaging programs, Saropa cannot ensure that all such viruses and programs are screened and excluded. You are solely responsible for and must take such measures as you consider appropriate to protect your computer system from infection;
10 Security of Your Materials
10.1 While Saropa has taken precautions to prevent unauthorized access to Your Materials, Saropa cannot ensure that all unauthorised persons are excluded and you release Saropa from liability for loss of any kind caused by unauthorised access except to the extent that Saropa or its employees deliberately allowed an unauthorized person such access.
10.2 You acknowledge and agree that Saropa has no control over the infrastructure (such as phone lines, satellite facilities etc.) used to upload, download and otherwise manipulate Your Materials by accessing the Website. Saropa is not liable for any loss you suffer if such infrastructure is compromised.
11 Saropa’s Recommendation Acknowledged
11.1 You acknowledge that the Website and the Services are a back-up measure for organizations and storage of Your Materials. You acknowledge that Saropa recommends that you keep your own copies of Your Materials in a secure manner and place.
12 Exclusion and Limitation of Saropa’s Liability
12.1 Important Notice: Nothing in these terms and conditions can or is an attempt to limit or exclude any right or remedy which is conferred by statute (including the Trade Practices Act, 1974 (Cwth)) and which cannot be limited or excluded.
12.2 To the extent permitted by law and subject to the preceding subclause:
- all terms, conditions and warranties not expressly included in these terms and conditions are excluded;
- Saropa’s liability for breach of contract, negligence or other tort and breach of any statutory duty or implied term is limited to refunding Fees actually paid by you, whether your loss is in the nature of personal injury, death, damage to or loss of property, financial or economic;
- for the avoidance of doubt Saropa is not liable for economic loss, loss of profit, business interruption, loss of opportunity or for the inability to successfully identify or recover property or to make a successful insurance claim; and
- Saropa is not liable for any damage to your computer hardware or software or the loss or corruption of any data stored on your computer.
13 Release and Indemnity
13.1 You release and agree to indemnify Saropa from liability arising from any claim, demand or proceedings (collectively, "claims") brought against Saropa by any third party arising from your use of this Website and the Services.
14 Privacy Acknowledgement and Consent
14.1 By viewing the Content of this Website, you agree that you have read and understood the Privacy Statement included in this Website.
14.2 You acknowledge and agree that:
- Saropa cannot ensure the security or privacy of Your Materials and that the Website and the internet are not immune to breach of security and privacy by third parties;
- Saropa has no control over or responsibility for the use which may be made by other persons of Your Materials and any personal information which you may provide to them; and
- by posting Your Materials, you consent to Saropa’s collection of the personal information contained in it. In particular, you consent to the collection, by Saropa of any Sensitive Information contained in Your Materials.
14.3 You agree that Saropa may contact you at any time regarding your use of this Website and to advise you of any other related services in which Saropa believes you may have interest.
15 Payment of Fees
15.1 You agree to pay all Fees payable to Saropa in full and without deduction on or before the due date for payment and in the manner agreed on entry to membership and otherwise as specified in this Website from time to time.
15.2 If you fail to pay Fees when due:
- Saropa can suspend your use of or access to the Website and your use of the Services. Exercising this right does not prevent Saropa from exercising any other rights or remedies it has under these terms and conditions and at law; and
- Saropa may charge you interest at the rate equivalent to that payable on commercial overdrafts of $50,000 by Saropa’s bank.
15.3 Exercising rights under the preceding clause does not prevent Saropa from exercising any other rights or remedies it has under these terms and conditions and at law
16 Termination Right
16.1 If you:
- fail to pay any Fees or other monies payable to Saropa in full and without deduction on or before the due date for payment as specified in this Website; or
- otherwise breach these terms and conditions,
Saropa may terminate this contract and:
- suspend or exclude your access to this Website; and
- remove Your Materials from this Website,
in each case, either permanently or temporarily, at Saropa’s sole discretion. Exercising this right does not prevent Saropa from exercising any other rights or remedies it has under these terms and conditions and at law.
17 Links With Other Sites
17.1 If this Website contains any link to a website that is not owned or controlled by Saropa, you acknowledge and agree that:
- Saropa has no control over nor responsibility or liability for the content of any such linked website;
- Saropa does not republish the content of any such linked website; and
- such linked websites and their owners and controllers are solely liable for the privacy treatment of your personal information, insofar as you interact with any linked website.
18 Applicable Law
18.1 This Website resides on a server in the state of Queensland, Australia. The law of that place is applicable to:
- these terms and conditions;
- your use of the Website;
- your use of the Services; and
- the Content.
18.2 Any legal proceedings commenced by you must be commenced in the courts of the State of New South Wales, Australia.