AUS-e-TUTE Membership Terms and Conditions
- Membership Obligations
- Intellectual Property and restrictions on the use of content on the website
- User licence to ausetute
- Advertising and links to third party websites
- Disclaimer and limitation of liability
Membership is non-transferable. You may change information on an existing membership account only to update your member account.
Once you become a member of AUS-e-TUTE (ausetute), you will receive a userID and a password. You are entirely responsible if you do not maintain the confidentiality of your userID and password. Furthermore, you are entirely responsible for any and all activities which occur under your userID and password. You agree to immediately notify AUS-e-TUTE of any unauthorized use of member's userID or any other breach of security known to member.
Your right to use the service is personal to you. You agree not to, for commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the website. You agree not to forge communications or take any action that would diguise the origin of communications transmitted by you through the website. You agree not to permit another person to transmit communications that falsely identifies your account as the origin of such communication.
You are solely responsible for all contents of your transmissions through the website. Your use of the website is subject to all applicable state, national asnd international laws and regulations.
Intellectual Property and Restrictions on use of Content on the website
User Licence to AUS-e-TUTE
By placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to AUS-e-TUTE a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material;
- use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under Copyright, trademark, Service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of AUS-e-TUTE and any other party authorized by AUS-e-TUTE all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of AUS-e-TUTE, you will execute and deliver to AUS-e-TUTE such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Advertising and Links to Third Party Websites
The website contains hyperlinks & other pointers to Internet websites operated by third parties. These linked websites are not under the control of AUS-e-TUTE, and AUS-e-TUTE is not responsible for the contents of any linked website. AUS-e-TUTE provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by AUS-e-TUTE or its Affiliates. You link to any such website entirely at your own risk.
The website also contains third party advertisements which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by AUS-e-TUTE or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisment contains representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by AUS-e-TUTE, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Disclaimer & Limitation of Liability
The Trade practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by AUS-e-TUTE of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). AUS-e-TUTE does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all content is provided "as is" and without warranties of any kind, either express or implied,
- AUS-e-TUTE and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
- AUS-e-TUTE does not warrant that the functions contained in any Content or any Communications Facility or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits Content to you are free of viruses or any other harmful componenets,
- AUS-e-TUTE does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
- you (and not AUS-e-TUTE) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of AUS-e-TUTE) will AUS-e-TUTE or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
To the fullest extent permitted by law, AUS-e-TUTE's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of AUS-e-TUTE to the following:
- in the case of services supplied or offered by AUS-e-TUTE,
- the supply of the services again, or
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by AUS-e-TUTE,
- the replacement of the goods or the supply of equivalent goods,
- the repair of such goods,
- the payment of the cost of replacing the goods or acquiring equivalent goods, or
- the payment of the cost of having the goods repaired.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not effect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
© 2008 AUS-e-TUTE - All rights reserved