Last updated March 2016
This website located at www.fst.net.au (Website) is owned and operated by FST Media Pty Limited (ABN 53 124 351 560) (Company, we, us, our) of Suite 602, Level 6, 30 Alfred Street, Milsons Point NSW 2061.
A reference to Website in these Terms and Conditions includes the domain name listed above, unless the context indicates otherwise.
Your access to and use of the Website is subject to these Terms and Conditions and any other terms, conditions, notices or disclaimers we place on the Website. In the event of any inconsistency between these Terms and Conditions and any other terms, conditions, notices or disclaimers contained on the Website, the provisions of these Terms and Conditions shall prevail but only to the extent of such inconsistency.
These Terms and Conditions do not relate to your use of any service described or offered on the Website and you are referred to the Terms of Trade and the individual warranty, if any, relevant to that particular service as applicable.
By accessing and using the Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you are not authorised to use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Website, following the posting of changes to these Terms and Conditions will mean you accept those changes.
To report any problems regarding this Website, please contact the Company at firstname.lastname@example.org
Restrictions on Use of Website Material
All right, title and interest (including copyright) in all information, text, material, designs, logos, insignia, audio and/or video material and excerpts, graphics and other images, computer programs, code (including HTML), URLs, advertisements, photographs, illustrations, other works or subject matter (Material) provided by Company and appearing on the Website (Website Material) is owned by the Company or its licensors.
You are granted the non-exclusive, non-assignable, non-transferable, limited right to use the Website and the Website Materials only in the manner set out in these Terms and Conditions. You may access and use the Website and Website Material only for your personal and non-commercial use. Nothing in these Terms and Conditions or on the Website will grant you ownership of the Website Materials (or any intellectual property rights in them).
No Website Material may be copied, reproduced, republished, modified, framed, uploaded to a third party, posted, transmitted (including, without limitation by broadcast), communicated or otherwise made available to the public, distributed, linked to or otherwise used except with the written consent of Company or as expressly provided by these Terms and Conditions. You must not use any so-called spider or similar automated software or device to use or access the Website or the Website Material in any way.
On the conditions that all Website Material is in the same form as presented on the Website and you keep intact all copyright and other proprietary notices, you may:
(a) view the Website and its contents using a web browser
(b) save a single electronic copy of the Website Material for your personal, non-commercial use
(c) print out a single copy of the Website Material for your own personal, non-commercial use and
(d) download one copy of the Website Material on a single computer for your personal, non-commercial use only.
You may not use or copy the Website Material other than as expressly provided by these Terms and Conditions and you may not:
(a) transmit Website Material (whether by email or otherwise) to any third party
(b) display the Website Material on any computer, system or network which permits electronic access to the Website Material by more than one user at a time
(c) modify , merge, adapt or translate Website Material
(d) use, sell, assign, rent, sub-licence or otherwise deal in the Website Material except as expressly permitted by these Terms and Conditions or
(e) copy any Website Material onto any website operated by yourself or any third party.
The general restrictions listed here may be expressly excluded by Company by written provisions in the Website, from time to time, to allow for the use by you of certain Website Material in social media, for example, the creation of a hyperlink to the Website from Facebook.
Modification of the Website Materials or use of the Website Materials for any purpose other than those set out above is a violation of the intellectual property and/or other proprietary rights of the Company or its licensors.
Unless otherwise stated, all trade marks or service marks, (registered, unregistered or pending registration) and trade names are proprietary to the Company, its affiliates or licensors. You must not use such trade marks, service marks or trade names except for:
(a) printing out a single copy of the Website for your personal, non-commercial use or
(b) otherwise with the written consent of the Company.
You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms and Conditions.
It is your responsibility to ensure that your use of the Website complies with the Terms and Conditions and to seek prior written permission from the Company for any uses not expressly permitted.
The Company prohibits the use of the Website for any of the following:
(a) transmitting or posting any message, information, data, text, software, images or other materials (User Material) that is libellous, defamatory, harassing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which otherwise in the Companys opinion infringes the rights of Company or any other party or which the Company otherwise considers to be objectionable or to constitute or encourage a criminal offence, incite hatred in a person or group, violate the rights of any party, restrict or inhibit any other user from enjoying the Website, or otherwise to give rise to liability on the part of any other user of the Website or the Company or to violate any law
(b) place on the Website or transmit to or through the Website any User Material which contains a computer virus, worm or any other computer code which may adversely affect the Website Materials, performance or functionality of the Website or any other website, software, system or equipment of the Company or any other person or entity
(c) impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity
(d) posting or transmitting any User Material that you do not have a right to reproduce, display or transmit or that infringes the rights of any person or entity
(e) using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website
(f) attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Website Materials or for the purpose of creating derivative works from the Website
(g) without our approval distribute or otherwise publish any User Material containing any solicitation of funds, promotion, advertising or solicitation for goods or services.
Information Appearing on the Website
All information displayed on this Website is intended to provide general business and consumer understanding of the products or services offered by the Company as illustrated from time to time on this Website. Such information has been provided by the Company for you to familiarise yourself with the products or services offered by the Company.
While the Company has taken due care in compiling the information on this Website, it has been prepared at least in part by third parties and therefore the Company makes no representations about the accuracy, reliability, completeness or timeliness of the information. The Company does not necessarily endorse or approve the recommendations, assumptions and conclusions that may appear on this Website from time to time.
Detailed information about the operation of the Companys products or services may be obtained by contacting the Company directly. The information displayed on this Website should not be relied on as your sole source of information when considering purchasing the Companys products or services.
Any and all use of the information on this Website is at your own risk and the Company relies on the limitation of liability provisions in these Terms and Conditions in connection with any reliance made by you on such information and other Website Material.
You may be permitted to login in order to access certain information on the Website. You cannot use another persons User Account and must immediately Contact Us to notify us of unauthorised use of your User Account.
Disclaimer, Limitation of Liability and Indemnity
To the extent permitted by law, the Company will not be liable in any way for any loss or damage suffered by you through your use of the Website (including the Website Materials and User Materials) or otherwise as a result of the Company providing the products or services available on the Website.
To the extent permitted by law, the Company makes no representation or warranty of any kind, either (express or implied):
(a) as to the availability of any service described on the Website
(b) that the functions contained in any Website Material or other Material will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of computer viruses, worms or any other computer code which may adversely affect the content, performance or functionality of the computers of users of the Website or any other website, software, system or equipment of such users or of any other party
(c) that you may access the Website or
(d) that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful.
The inclusion of any advertising or other information or third party material on any page of the Website which promote products or services to be supplied by a party other than the Company does not imply that the Company endorses or recommends any such party, product or service.
While all reasonable care has been taken in publishing and maintaining the Website, the Company and sponsors of any Material presented on the Website accept no liability or responsibility whatsoever for, or in respect of, any use of the Website or any reliance upon Material contained on the Website or any linked website. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Company will not be liable for any loss resulting from any action or decision by you in reliance on the Material or Content on the Website, nor any interruption, delay in operation or transmission of the Website. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website.
You expressly acknowledge and agree that the Company does not exert control over all users of the Website and the Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.
You expressly acknowledge that the Company is not liable for any information or advice offered by any third party appearing or participating in a video, podcast or panel discussion on the Website.
Limitation of Liability
To the extent permitted by law, the Company, its related bodies corporate and their officers, employees, contractors and agents will not be liable for any loss, claims, damages or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with your use or inability to use the Website including but not limited to all indirect, incidental, special and consequential damages ( including loss of profits, loss of opportunity and loss of data) to any person even if such loss or damages were reasonably foreseeable. If this provision in unenforceable in whole or in part in any jurisdiction due to relevant laws in that jurisdiction, then in no event will the liability of the Company to you for any damages, losses, claims or anything else exceed the lesser sum of AUD$10 and the amount paid by you, if any, for accessing this Website.
Without limitation to the foregoing and to the extent permitted by law, the Companys liability, if any, for any breach of a condition or warranty implied by the Competition & Consumer Act 2010 which cannot be excluded is limited to any one or more of the following as determined by the Company in its absolute discretion:
(a) in the case of goods, the replacement or repair of the goods or the supply of equivalent goods or the payment of the cost of repairing the goods or of supplying equivalent goods and
(b) in the case of services, the supply of the service again or the payment of the cost of having those services supplied again.
You agree to indemnify and keep indemnified the Company from and against any costs, loss, liability, claim or damage which the Company incurs or suffers as a result of any default by you in respect of these Terms and Conditions or of any act or omission by you in connection with your use of the Website, including without limitation the Website Material.
Pricing and availability as set forth in the Website are subject to change without notice. The Website may contain references to products or services that are only available in Australia. The Website may contain references to future planned products. Such products are only planned and the Company gives no guarantee as to their availability.
Links to and from Third Party Websites
The Website contains links to websites which are not operated by the Company. Although the Company has set up such links with the authority of the operators of such sites, it has no control over and is not responsible for the Material on such sites. These links are provided for your convenience only and if you use a link to access third party Material you do so entirely at your own risk. The inclusion of links to third party websites and Material does not imply any endorsement of the Material or any association with their owners and operators. Accordingly, the Company explicitly disclaims any responsibility for the accuracy, Material, or availability of information found on such websites and you hereby irrevocably waive any claim against us with respect to such sites.
The Company encourages discretion when browsing the internet using its or anyone elses service, as some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive.
The Company does not endorse any of the products or services offered on any website which is not operated by Company (including any website which is accessible through a link from the Website).
If you contact a third party using functionality provided on the Website, including via e-mail, the Company accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. The Company will not be a party to any contract or transaction entered into by you with any such third party, nor shall you involve us in any way in any dispute between you and such third party.
The right to access and use the Website granted by way of these Terms and Conditions is effective until terminated by either party. You may terminate such right under these Terms and Conditions at any time by destroying all Website Material obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms and Conditions or otherwise. Your right to access and use the Website will terminate immediately without notice from the Company if in the Companys sole opinion you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must destroy all Website Materials and third party User Materials obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms and Conditions or otherwise. All other provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the termination of your right to access and use the Website (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of the Company) will survive termination.
These Terms and Conditions represent the entire binding agreement between you and the Company, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Company, the Website, and the information and contents on the Website.
Waiver of any Obligation or Right
No waiver of any obligation or right by the Company will be effective unless in writing and executed by the Company.
If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.
This site is controlled and operated by the Company from its offices within Australia. The Company does not represent that the Website Material is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
These Terms and Conditions will be governed and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these Terms and Conditions. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Terms and Conditions.
Use of Personal Information
By providing your personal information to us you consent to the following:
- The use of your personal information for the purposes of providing direct marketing material to you; and
- The disclosure of your personal information to our event sponsors.
- While we take reasonable steps to ensure that any of your personal information which is provided to our event sponsors is handled in accordance with the Australian Privacy Principals, we are not able to control your information once it is in their possession. As such, to the extent permitted by law, we will not be responsible for, and you release us from liability regarding, any misuse of your personal information by any of our event sponsors.
Use of Corporate Information
- By providing your company information you grant us a royalty free, worldwide licence to use your company name, logo (whether such is a registered trade mark or otherwise) and any other information contained on your company website, solely for the purposes of writing a description of your company to be included in our event marketing and reporting material. This information may be shared with the public at large, or our event sponsors.
- By completing your registration form you warrant that you have the authority to grant the licence referred to in the preceding clause.
FST Media Pty Ltd.
ABN: 53 124 351 560
Australia: Level 6, 30 Alfred Street
Milsons Point NSW 2061
China Square Central
20 Cross Street
TERMS AND CONDITIONS FOR FST MARKET INSIGHTS
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