Website Terms of Use

About this website

  • These Terms of Use apply to the Website owned and operated by Nobbys Arc (ABN xx xxx xxx xxx) (Nobbys Arc) under the domain name “Nobbys Arc.com” (the Website).
  • Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use and our Privacy Policy.
  • If you are a member (Member) of the Website and have access to Content that is not generally available to the public (Restricted Content), your use of Restricted Content is also governed by these Terms of Use and our Privacy Policy.
  • By using any of the Website you agree to be bound by these Terms of Use.
  • In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of the Website, parts of the Website, or to the supply of products and services offered via the Website. By using these parts of the Website or obtaining products or services via the Website, you also agree to be bound by these additional terms.

Links to other Websites

The Website may contain links to third party Websites. Nobbys Arc does not sponsor or endorse the operators or content of any linked Website. Subject to any applicable law which cannot be excluded, Nobbys Arc makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked Website, material or products or services.

Information available at the Website

The Website provides general information about Nobbys Arc and Nobbys Arc’s various products, services and activities.

In addition, the Website may contain or make available various message services, email lists, mailout or newsletter services, or other tools and facilities which may be of use to you. Whilst Nobbys Arc has made every effort to ensure that any such features are accurate and free from defect, Nobbys Arc does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.

Access to the Website

Unrestricted access to the Website

  • Certain parts of the Website are generally available to all.

Restricted access to the Website

  • Some parts of the Website and Restricted Content are only available to Members.
  • If you are a Member, you will be provided with a username (Username) and password (Password) by us to access the Restricted Content that is available to Members on the Website from time to time.

Specific terms relating to Members

  • If you are a Member, you may access the Restricted Content available to Members but may only disclose your Username and Password and any Restricted Content to people within your organisation.
  • You must ensure that persons within your organisation to whom you disclose your Username and Password are informed of, and comply with, these Terms of Use.

Your Content

The Website may provide facilities whereby you can provide your information, content, comments or opinions to the Website (Your Content). These facilities may include Wikis and the ability to post comments about blog posts. Your Content will be available to other users of the Website. Nobbys Arc accepts no responsibility for third party use of Your Content.

Your Content must not be illegal, misleading or deceptive, offensive, discriminatory, defamatory, pornographic or of any other category determined to be inappropriate by Nobbys Arc. You must own all intellectual property rights in and be permitted to upload to the Website Your Content. You must ensure that Your Content is accurate, complete and up-to-date. Whilst under no obligation to do so, Nobbys Arc retains the right to review, edit, or remove from the Website any of Your Content, in whole or in part, at any time and without notice to you.

By uploading Your Content to the Website, you grant Nobbys Arc a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license to use, republish and modify Your Content, including the right to sub-licence Your Content, in connection with the services or activities of Nobbys Arc, including but not limited to use in any newsletters or publications of Nobbys Arc.

Availability of the Website

As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis.

Warranties

While we have made every effort to ensure that the Content and Restricted Content is free from error, Nobbys Arc does not guarantee or warrant the accuracy, adequacy or completeness of Content or Restricted Content on the Website. All Content and Restricted Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content and Restricted Content is subject to change without notice. Nobbys Arc does not warrant that the Website or any linked Website will be free from viruses or defects.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Nobbys Arc, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content or Restricted Content on the Website, to any material on linked Website, or to access or use of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

The liability of Nobbys Arc for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at Nobbys Arc’s option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

Indemnity

You indemnify Nobbys Arc in respect of any liability incurred by Nobbys Arc for any loss or damage, howsoever caused, suffered by Nobbys Arc as a result of your breach of these Website Terms of Use, your use of the Website, or Your Content being posted on the Website or Nobbys Arc or any third party’s use of or reliance on Your Content.

Copyright and trade marks

Copyright in the Content and Restricted Content on the Website is owned or licensed by Nobbys Arc, unless indicated otherwise.

Except where necessary for viewing the Content and Restricted Content on the Website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content or Restricted Content on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Nobbys Arc.

“Nobbys Arc” and all associated trade marks, are trade marks of Nobbys Arc Third party trade marks are trade marks of the respective third parties.

Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use. Nobbys Arc may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, Nobbys Arc has provided you with sufficient notice of the variation.

Jurisdiction

The law applicable to the Website and to disputes arising out of the Website is the law of the State of Queensland, Australia.

 
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