This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on the International Conferences and Events (ICE) Website form the conditions of supply of material on, use of and access to the ICE Website. Your continued use of the ICE Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.
Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the ICE Website.
1.1 The ICE Site ("the Site") is provided by ICE (Aust) Pty Ltd, A.B.N. - 55 055 668 963 trading as ("ICE Australia") and the use of and the services provided therein ("the Services") is governed by the following Terms and Conditions of Use ("the Agreement").
1.2 Any person accessing this Site ('the User") and using the Services provided therein agrees to follow and be bound by the terms and conditions contained in this Agreement.
1.3 If the User does not wish to be bound by the terms of this Agreement the User shall immediately exit from this Site;
2.1 This Site is subject to and protected by Copyright under the Copyright Act 1968 (Cth) as amended and all rights are reserved by ICE.
2.2 ICE shall supply the Site and Services to the Users at such times and by such means as ICE from time to time decides. The Site and Services are not fault free and ICE makes no guarantees or warranties that the Site and Services will not be interrupted and the User shall be entitled only to the quality of service provided by ICE from time to time for Users generally.
3.0 All information, trademarks, service marks and registered trademarks or other form of intellectual property supplied to ICE by persons wishing to advertise ("the Advertisers") on this Site and displayed or appearing on this Site are presumed to be and presumed to remain the property of the Advertisers.
No Warranties or Guarantees
4.1 ICE supplies the Site and Services on an As Is and As Available basis and gives no endorsements, representations, warranties or guarantees, whether express or implied, including but not limited to:
4.1.1 the accuracy, suitability, validity, legality and currency of information ("the Information") contained in the Services which has been supplied by Advertisers;
4.1.2 the suitability, ownership and title, fitness for any particular purpose, merchantability, quality and type of merchandise (" the Merchandise") displayed on the Site or advertised through the Services;
4.1.3 whether any Information will be free of infection by viruses, worms, trojan horses or any programme manifesting contaminating or destructive properties; and
4.1.4 whether the Information provided will be free of adult-related or other material that persons may find offensive.
4.2 All express or implied conditions or warranties, statutory or otherwise, in relation to the Site, Services and Information are to the extent to which it is legally permitted hereby expressly negatived and excluded from this Agreement.
Exclusion of Liability of Us
5.1 ICE provides information, network and messaging facilities and while all reasonable care is used in the provision of the Site and Services, ICE shall not have any liability whatsoever in contract, or otherwise to any party in respect of any loss or damage (including without limitation direct or consequential loss, economic loss or loss of other contracts) arising out of the provision of the Site and Services, any inaccuracy or error or omission from any part of the Site or Services or the Users inability to use the Site or Services and Information contained therein.
5.2 In the event that this Agreement constitutes a supply of services to a consumer as defined in the Trade Practices Act 1974 or relevant State or Territory legislation, nothing contained in this Agreement excludes restricts or modifies any condition, warranty or other obligation where to do so would be unlawful, in such event ICE's sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the User may sustain or incur shall be limited to in relation to services the supplying of the services again or the payment of the cost of having the service supplied again as ICE may elect.
5.3 The User acknowledges that Advertisers may impose additional terms and conditions governing the provision of their information to the Site and Services and that any such terms and conditions may include a disclaimer absolving such Advertisers from liability regarding information and services provided on the Site.
6.0 The User shall:
6.1 determine whether the Information and Merchandise meets with their requirements by undertaking their own further research and inquires;
6.2 ensure they have the legal rights to store, reproduce or otherwise make use of Information, Site and Services in the manner contemplated by the User;
6.3 isolate Information, execute anti-contamination software and do all things reasonably necessary to ensure that Information, if contaminated or infected, will not damage the User's systems and data;
6.4 comply with all legal requirements including but not limited to, laws relating to the areas of copyright, intellectual property, defamation, privacy and decency;
6.5 not restrict or inhibit any other User from using and enjoying the Site and Services;
6.6 not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law;
6.7 not post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
6.8 not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
6.9 not upload, post, publish, transmit, reproduce, or distribute in any way, Information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
6.10 not upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto.
7.0 ICE may (without prejudice to any other right or remedy) deny the User access to all or part of the Site and Services if in ICE Australia's sole discretion it believes the User has or is likely to fail to observe or perform any of the provisions of this Agreement; or if ICE is of the opinion that the User has or may use the Site and Services for any unlawful or improper purpose or in a manner that may jeopardise the security or interface in the proper operation of any part of the Site or Services.
8.0 If ICE shall grant to the User any extension of time or other indulgence, the same shall not in any way affect or prejudice the rights of ICE under this Agreement except to the extent of the specific extension or indulgence.
9.0 All provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision and in the event that some provision is construed as illegal, invalid, void or unenforceable the remaining provisions of this Agreement shall not be affected thereby and shall be interpreted and enforced as if such illegal, invalid, void or unenforceable provisions were not ever incorporated in this Agreement.
10.0 The applicable Law for the construction or interpretation of this Agreement shall be the Law of the State of New South Wales or (where applicable) the Law of the Commonwealth of Australia and the parties agree to submit to the Jurisdiction of the appropriate Court of that State or the Commonwealth.
11.0 In this Agreement, unless the context otherwise requires:
11.1 a reference to a person includes any other entity recognised by law and vice versa;
11.2 words importing the singular number include the plural number and vice versa:
11.3 words importing one gender include every gender;
11.4 any reference to any of the parties by their defined terms includes the executors, administrators and/or permitted assigns of that party or, being a company, the successors and/or permitted assigns of that party;
11.5 every agreement or undertaking by more than one person in terms of this Agreement shall bind and/or ensure for the benefit of such persons jointly and each of them severally;
11.6 headings of Clauses have been inserted for guidance only and shall not affect the construction or interpretation of any provision of this Agreement;
11.7 where any word or phrase is given a defined meaning in this Agreement, any other part of speech or other grammatical form in respect of such word or phrase shall have a corresponding meaning;