Terms of Use

As consideration for allowing you the (User) to view the Content on our websites, Users agree to the following Terms of Use. These Terms of Use apply to all our Websites (Sites). The Sites operated by Brandonian Pty Ltd ACN 622 685 830 (described as Brandonian) provide Users with access to the Content and Facilities pursuant to a non-exclusive, world-wide, non-transferable licence contained herein.

By viewing the Content, using the Facilities on the Sites, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms of Use, and that they are legally able to agree to be bound by them. If Users do not agree to these Terms of Use, please leave these Sites immediately.

1. Definitions Claim

Means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent. Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).

Designated Agent means the person appointed by the Site owner to respond to allegations of Copyright breaches of Content that appears on the Website.

Facilities means any feature that appears on our Websites that enables Users to access or use the Content.

Materials means software, written materials, posts, documents, graphics and all other works shown in the physical form on the websites, including without limitation all text, data, alt tags, feedback, graphics, photographs, logos, sound, music, artwork and computer code.

Personnel means in relation to a party that party’s officers, office-holders, employees, agents and contractors.

Privacy Policy means a document which is made available on all Websites which provides how personal information is collected and disseminated in accordance with the Australian Privacy Principles (APP’s).

Websites means the websites operated by or on behalf of Brandonian, including any accessed via user name and password.

User means any person that uses or browses Content, Facilities or Materials on the Websites.

2. Permitted use

Content

Unless otherwise indicated, Brandonian reserves all copyright in the Content and design of the Sites. Brandonian own all such copyright or provides it to Users under the terms of a limited licence embodied in these Terms of Use each time a User visits our Sites.
Users may download, print or copy Content provided on the Sites for their own use, only where the Sites provide a mechanism to do so. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Sites.
Users must not use, reproduce, communicate, publish, or distribute any of the Content on our Sites, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, Users must not reproduce or use any of the information on our Sites for commercial benefit.
Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms of Use, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

3. Prohibitions on use.

The Sites and the information and facilities contained herein must not be used in any manner that infringes Brandonian’s rights. Users must not:

data mine or conduct automated searches on our Sites or the Content on our Sites, whether through the use of additional software or otherwise;
frame or mirror our Sites;
tamper with, hinder the operation of, or make unauthorised modifications to the Sites or any of its Content;
transmit any virus, worm or other disabling feature to or via our Websites;
abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;
advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our Sites or the domain;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by a User;
use our Sites to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);

4. Take down procedure

Brandonian takes all reasonable steps to be aware of Content published on the Sites. Brandonian commits to remove all material as soon as practical after Brandonian is notified that Content may be a breach of copyright or other intellectual property rights, is defamatory or otherwise claimed to be illegal.
To notify us of a claimed infringement of Copyright please send a notification to hello@brandonian.com that includes the following information:
1. the alleged Material in which copyright is claimed and its location on our Websites;(ii) information about the complaining party (Complainant) including for example:address; telephone number (land line and mobile); email address;(iii) An electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringing material;
2. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
3. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, agent, or the law; and
4. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing.
Users acknowledge and agree that if Brandonian receive a notice of a claim of copyright infringement, Brandonian may immediately remove the Materials from our Sites without further notice.
To notify us of material that Users believe should be removed from the Sites other than because of alleged Copyright, please send an email to hello@brandonian.com

5. Privacy Policy.

In using the Websites, Users are deemed to also accept the terms and conditions contained in our Privacy Policy.

6. Provision of service

Brandonian may without notice suspend access to the Sites or disconnect or deny Users access to any part of the Sites during any technical failure or maintenance period.
Brandonian may also choose at our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Sites.
Brandonian may make improvements and or changes to Sites and the Content at any time without notice. Brandonian does not warrant that the information architecture or navigation will not change now or at any time in future.

7. Application of Terms of Use.

These Terms of Use apply to your access and use of the Materials and Facilities. You are responsible for ensuring that your Personnel permitted to access the Materials and Facilities agree to and abide by these Terms of Use when accessing and using the Materials and Facilities.

8. Private messaging.

Where applicable, these Terms of Use apply to private messages sent by you to other users, using our private messaging facility (if any). Abuse of the private messaging facility may lead to warnings, suspending your access to the private messaging facility and/or suspension or termination of your access to the Website.

9. Etiquette.

When using the Facilities, uploading Material or replying to other users’ Materials, we encourage you to treat and respond to users in the same manner that you treat colleagues, i.e. in a professional, courteous and respectful manner. When responding to other users’ Materials, you may quote or summarise other users’ posts to provide context to your post.

When using the Facilities and uploading Materials, you are encouraged to do so in a professional manner. This means that all Materials that you upload to the Facilities must be in English and in “professional writing”. You are encouraged not to:

use excessive punctuation or emoticons in your posts;
write solely in upper case or irregular upper and lower case;
write in a font or font size that is difficult to read; or
write in multiple colours or colours that are difficult to read.

Enflaming, abusing, harassing, intimidating or stalking users or other individuals via the Facilities or your Materials will not be tolerated and may result in your access to the Website being suspended or terminated.

10. Posting.

Please review other published topics before posting your new topic to ensure that your questions have not previously been answered. New topics should be posted in the correct forum and contain an appropriate, descriptive subject line. Topics posted in the incorrect forum, or containing vague or general topic titles do not assist other users in determining whether they can assist you with your enquiry.

Topics suitable for posting in the forum should not be discussed via private messages with other users. One of the purposes of the forum is that it is a resource available to all users who are trying to find information on various topics. Responding to other users Materials and posting your own topics and threads via the forum enables all users to contribute to the discussion and provides additional learning resources to the users.

If you see a topic that you think you can assist with, please do so as it will assist other users, increase the educational nature of the forum and increase the likelihood that other users will respond to your posts.

You may include hyperlinks in your post if it provides context or is used as a reference to any answers you are providing to other users. Hyperlinks must not be included in your posts if the hyperlinked material is not related to the topic being discussed, or includes hyperlinks to competitors and other third party websites and products.

You rely on the information, thoughts and opinions contained in the Materials at your own risk. We do not endorse or guarantee the accuracy of any information or facts appearing on the forum. While we are providing the forum as a resource for you, it is your responsibility to ensure that the information is accurate.

11. Matters not suitable for posting.

Do not upload Materials that are illegal, unlawful, obscene, defamatory, indecent, offensive or inappropriate. This includes, but is not limited to: words, videos, pictures, photos, image or hyperlinks. Do not upload Materials that encourage users to act in a way that is illegal, unethical or could contravene the law and similarly do not engage in any activities on the forum that will result in you acting illegally, unethical or in a manner which could contravene the law.

Do not upload Materials about looking for or hiring employees. Any Materials related to staff employment will be deleted.

12. Clients.

Your Material must not reveal any client information or sensitive information that has not already been made public without your client’s written approval. De-identified client information may be uploaded to the forum, provided that the client is not able to be identified from the Material in any way.

13. Spam.

Materials containing spam are not tolerated in the forum. Users upload spam Material may have their account suspended or terminated and the offending Materials removed. Spam Material includes but is not limited to:

advertising, promoting your business or the business of third parties;
promoting external websites;
duplicating forum topics and posts;
excessive posting that does not contribute, or contributes little, to the topic being discussed;
advertising pyramid schemes;
recruiting users to assist in projects or surveys; and
content that generally does not promote an educational environment.

14. Avatars.

You are permitted to link to one of your own avatars. Your avatar must comply with any file size requirements we provide to you and must not contain any animation. Your avatar must not falsely represent your employment position or affiliations.

15. Intellectual property.

Please respect the intellectual property rights of other users and third parties (including websites). You are responsible for ensuring that your Materials complies with all relevant intellectual property rights of other users and third parties. If it is obvious that you do not have the required rights to the intellectual property contained in the Materials, we may give you a warning, remove the offending Materials and/or suspend or terminate your access to the Facilities.

16. Storage.

You agree to any Materials you uploaded being stored in our databases and servers. You may not delete Materials once you have uploaded them to our Facilities. If you would like your Material deleted from our Facilities, please notify us by emailing hellot@brandonian.com and explaining why the deletion is requested. While we may delete the Materials from the forum, and take all necessary steps to have the Materials removed from our Facilities, we do not guarantee that the Materials have been permanently erased from our Facilities, databases and servers.

17. Modification and takedown of Materials.

We will try to keep your Materials in their original form. We will only edit, move or delete Material if required by law or if the Materials do not comply with these Moderations Rules. We may if we think it is necessary, place your Material in a moderation queue for our Personnel to review, prior to making your Material available on the forums. Our determination of whether your Materials comply with these Terms of Use is final.

If required, we will cooperate with any authorities in relation to any Materials that have been uploaded to our Facilities.

18. Reporting Materials.

If you consider that there are Materials which have been uploaded by other users which contravene these Terms of Use, please notify us by emailing hello@brandonian.com. Please do not respond to the Materials yourself or issue warnings to the other users regarding the content of their Materials. Failure to comply with this requirement may result in you receiving a warning or other disciplinary action from us.

19. Disclaimer and Limitation of liability

19.1 No duty of care

Users access the Sites at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms of Use.
Brandonian makes the Sites available for Users to use, however Brandonian do not assume a duty of care to Users. Brandonian makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Sites.
If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.

19.2 Disclaimer of warranties.

Users expressly acknowledge and agree that, to the maximum extent permitted by law:

their use of our Websites is at their sole risk. The service is provided on an “as is” and “as available” basis. Brandonian and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
Brandonian and its Personnel make no warranty that:
1. the Content will meet Users requirements;
2. the information contained in the Content is accurate or reliable;
3. the Content will be uninterrupted, timely, secure or error-free;
4. the quality the Content, or other material obtained by Users through the will meet Users expectations; and
5. any errors will be corrected;
any Content downloaded or otherwise obtained through the use of the Sites is accessed at Users’ own discretion and risk, and Users will be solely responsible for any damage to Users’ computer or loss of data that results from the download of the Content; and
no advice or information, whether oral or written, obtained by Users from Brandonian or through or from the Content creates any warranty not expressly stated herein;

19.3 Limitation of liability

Except for certain statutory warranties under consumer protection laws Brandonian do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or Users use of the Content on this Sites.
Subject to any claims available under consumer protection laws, Brandonian, its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
1. any inaccurate or incorrect information provided on the Sites;
2. Users use of the Content;
3. any failure or delay including, but not limited to, the use or inability to use any of the Content;
4. any interference with or damage to Users’ computer systems which occurs in connection with use of this Content;
5. the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;
6. any unauthorised access to or alteration of Users’ Account information;
For claims that cannot be excluded or restricted under consumer protection laws, the liability of Brandonian for such a claim will (at Brandonian’s option) and to the extent permitted by law) be limited to:
in the case of goods:
1. repairing or replacing those goods; or
2. paying the cost of having those goods repaired or replaced; and
if the breach relates to Content:
1. resupplying those or equivalent Content; or
2. paying the cost of having those Content resupplied.

19.4 Links to third party Sites

Brandonian does not represent that the Content on other Websites to which our Sites contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
By inadvertently linking to infringing third party content, Brandonian are not authorising infringement of any intellectual property rights contained on those Websites. Please contact us at hello@brandonian.com to notify us of any links Users allege are infringements.

20. Miscellaneous provisions

20.1 Access to the Sites outside the Jurisdiction.

No representation or warranty is made that the Content on the Sites complies with the laws of any country outside of Australia. If Users access the Sites from outside Australia, Users do so at Users own risk.

20.2 RSS Feeds

If Users utilise any of the Facilities on the Sites such as RSS Feed(s) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the full article on the Sites and show any included attestation.

20.3 Trademarks

Brandonian may be the owner of several common law (or where indicated), registered trademarks which appear on the Sites. Unauthorised use of these trademarks will infringe our intellectual property rights. If Users have infringed our rights in this regard Brandonian reserves the right to take appropriate action.

20.4 Changes to Terms of Use

Brandonian may change the Terms of Use at our discretion by providing notice on our Websites. The version of the Terms of Use that applies to Users will be available on the Sites each time a User visits the Sites.

20.5 Entire agreement

These Terms of Use and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with Brandonian’s Officers, Agents or Authorised Representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms of Use.

20.6 Indemnity

By using the Sites, Users indemnify Brandonian and Brandonian’s respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Brandonian may incur or suffer as a direct or indirect result of:

a breach of these Terms of Use;
an actual or alleged breach by Users of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Websites;
any claims brought by or on behalf of any third party relating to any act or omission by Users, including breach of a third parties copyright or trade mark.

20.7 Governing law and jurisdiction

The laws of Queensland and Australia govern this Agreement. The Users submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.

20.8 Severance

If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of the document and the severed part will not affect the validity and enforceability of the remaining Terms of Use.

20.9 Waiver

If Brandonian does not act in relation to a particular breach by User(s) of these Terms of Use, this will not be treated as a waiver of Brandonian’s right to act with respect to subsequent or similar breaches.