Esther Anderson welcomes you. We invite you to access and use our websites, including without limitation, BusinessSmarts.com.au, TabiteckConsulting.com, EstherAnderson.com.au, Teck-nology.com, TeckDesignand Marketing.com, and IOS500.academy. (the ‘Websites’).
IOS500 reserves the right to amend these Terms and Conditions at any time without notice. You are therefore encouraged to check this document regularly.
DESCRIPTION AND USE OF OUR WEBSITES
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the IOS500 community.
As part of the registration process you are required to provide personal information about yourself (such as identification or contact details), including: (a) an email address.
Once you have completed the registration process, you will be a registered member of the IOS500 Website (‘Member’) and agree to be bound by the Terms.
To operate a business profile or listing on the site, members will be prompted to provide additional information about their business, some features of the website will only be available with the launch of the online marketplace, and only once a user has made payment.
You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with IOS500 ; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
As a Member, you agree to comply with the following: (a) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) you have sole responsibility for protecting the confidentiality of your password and/or email address. (c) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time; (d) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content. (e) you agree not to harass, impersonate, stalk, threaten another Member of the Website; (f) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services.
If you want cancel your membership of IOS500, you may do so by sending a request for your account to be deleted to IOS500 via the ‘Contact Us’ link on our homepage.
IOS500 may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) IOS500 is required to do so by law; (c) IOS500 is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by IOS500 is, in the opinion of IOS500, no longer commercially viable.
Subject to local applicable laws, IOS500 reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your 7 conduct impacts IOS500’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and IOS500 have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Copyright and Intellectual Property
The Website, the Services and all of the related products of IOS500 are subject to copyright. All trademarks, service marks and trade names are owned, registered and/or licensed by IOS500. IOS500 retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of IOS500 and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to IOS500 a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide license to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) IOS500 we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of IOS500 make any express or implied representation or warranty
about the Services or any products or Services (including the products or Services of IOS500) referred to on the Website.
You acknowledge that IOS500 Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and IOS500 holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
Limitation of Liability
IOS500’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that IOS500, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that IOS500 holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
You agree to indemnify IOS500, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
The Services offered by IOS500 are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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