Information on the Network
TRAK has made every effort to ensure that the Material is free from error. TRAK however does not warrant the accuracy, adequacy or completeness of Material. The Network is intended to provide general information only. Information contained in the Network does not constitute or contain professional or other advice and may contain information that is outdated or incorrect. If you require specific information or assistance please call us on (03) 9826 9000. All Material is subject to change without further notice.
1. The Network contains communication facilities which provide for feedback by users to TRAK, and may contain other electronic messaging and notice services (Communication Facilities).
2. It is a condition of your use of any Communication Facility and your access to the Network that you DO NOT do any of the following:
(a) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information, image, text or other material of any kind whatsoever, including without limitation any transmissions that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(b) post or transmit any information, image, text or other material of any kind whatsoever which violates or infringes upon the rights of any other person, without first obtaining permission from the owner or relevant right holder;
(c) post or transmit any Material of any kind which contains a virus or other harmful component;
(d) post, transmit or in any way exploit any Material of any kind for commercial purposes, or which contains any promotional material or advertising;
4. TRAK reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User licence to TRAK
1. By placing any information or other material on the Network (including inputting data or engaging in any other form of communication), you grant to TRAK a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
2. 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 TRAK and any other party authorised by TRAK 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 TRAK, you will execute and deliver to TRAK such instruments and take such other actions as may be required to give full legal effect to this grant of licence and waiver.
The Network may contain links to other websites operated by third parties (Third Party Websites). TRAK does not endorse or approve of the operators of Third Party Websites or the Material on Third Party Websites. TRAK makes no warranties regarding the accuracy, adequacy or completeness of the Material on Third Party Websites. Also, TRAK makes no warranties that Material on Third Party Websites does not infringe the intellectual property rights of any person or that reproduction of Material on Third Party Websites is authorised.
Hyperlinking to TRAK ‘s Network
1. Unless TRAK provides prior written consent, you are prohibited from:
(a) placing a hyperlink to TRAK ‘s Network; and/or
(b) saving or otherwise using any of TRAK’s intellectual property or other property on your web site.
2. TRAK is not liable for and you must indemnify TRAK against all liabilities, claim, actions, demands, suits, costs, expenses, damage, harm or loss, including any consequential losses, suffered or incurred by TRAK arising directly or indirectly from or in connection with your use of the Network, particularly any Material posted by you in breach of these terms and conditions.
3. Nothing TRAK does or fails to do in connection with this clause 6, including failing, delaying or exercising a single or part of a right, will prejudice or operate as a waiver of TRAK ‘s rights or otherwise prevent the exercise of TRAK ‘s rights.
If TRAK provides prior written consent, you must only hyperlink to the Home Page of any of TRAK ‘s Web Sites.
Disclaimer and limitation of liability
1. 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 TRAK of goods or services on the Network which cannot be excluded, restricted or modified (‘Non-excludable Rights’). TRAK does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. 7.2 Except as provided for by the Non-excludable Rights:
(a) all Materials are provided “as is” and without warranties of any kind, either express or implied;
(b) TRAK 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;
(c) TRAK does not warrant that the functions contained in any Material or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Materials to you are free of viruses or any other harmful components;
(d) TRAK does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or Third Party Websites) or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
3. To the fullest extent permitted by law, TRAK’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of TRAK to the following:
(a) in the case of services supplied or offered by TRAK:
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by TRAK:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
4. Under no circumstances (including but not limited to any act or omission on the part of TRAK) will TRAK, its officers, employees, agents, contractors or its related entities be liable for any direct, indirect, incidental, special and/or consequential damages, loss, claim, expense or loss of profits whatsoever which result from any use or access, or any inability to use or access, or misuse by you or any other party, of the Network or otherwise in connection with any Material.