1 Acceptance and compliance

(1) The site www.mullumcreek.com.au (Website) is owned and operated by Mullum Pty Ltd (we, us, our). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the Terms of Use).

(2) Your use and/or continued access to the Website constitute your agreement to the Terms of Use.

(3) We reserve the right to amend the Terms of Use at any time. The amended Terms of Use will be effective upon posting to the Website. Your continued use of the Website following such posting constitutes an agreement by you to be bound by the Terms of Use as amended.

2 Restricted use

Unless we agree otherwise in writing, you are provided with access to this Website for your personal use only. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell any information or documents obtained from this Website.

3 Exclusion of liability

(1) We do not accept responsibility for, and exclude any liability for, any loss, damage, cost or expense however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website.

(2) In particular, we do not accept any responsibility or liability for any loss, damage, cost or expense that you may suffer or incur arising out of your use of or reliance on any documents or other information contained on or accessed through this Website.

(3) To the extent permitted by law, any condition, guarantee or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

(4) These Terms of Use do not attempt or purport to exclude liability arising under any condition, guarantee or warranty implied by applicable legislation if, and to the extent, such liability cannot be lawfully excluded.

(5) Where any legislation implies any condition, guarantee or warranty the applicability of which cannot be excluded or modified, that condition, guarantee or warranty will be included in these Terms of Use. To the maximum extent permitted by such legislation, our liability for a breach of that condition, guarantee or warranty will be limited to one or more of the following: (a) if the breach relates to goods, (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 of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

4 Specific exclusions

(1) You must ensure that your access to this Website is not illegal or prohibited by any laws which apply to you.

(2) You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

(3) We do not accept liability for any losses arising directly or indirectly from a failure to provide any discussion forum facility, any document storage area, any other restricted area of this Website, any corruption or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members’ obligations as set out in these Terms of Use or any content transmitted by a non-member.

(4) You acknowledge that we cannot confirm the identity of other users of this website (including members of any discussion forums on this website or associated with this website) or prevent them from acting under false pretences.

(5) Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement(s).

5 Indemnity

As a condition of your use of the Website and in any documents or materials accessible through the Website, you agree to indemnify us, our related companies and our directors, officers, employees and agents against any liability, damage or loss that any of those parties incurs or suffers as a result of any action, inaction or omission on your part relating to this Website.

6 Membership

(1) In order to be able to post information in the discussion forum or access the document storage area (or other restricted area) of the Website, you must become a member of the Website. To become a member, you must complete your registration details in the manner described on the Website. Membership is free but non-transferable.

(2) We reserve the right to terminate your membership at any time if you breach these Terms of Use.

(3) If you are not a member, you are entitled to access any discussion forum on this website (or associated with this website) for reading purposes only. Persons in this category are described as “guests”.

(4) Membership of the website is only open to you if you are 18 years old or over. If you are under 18 years of age you must not register as a member of the website.

(5) You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these Terms of Use either by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.

7 Members’ obligations

By registering as a member of our discussion forum, you agree to comply with the following additional conditions:

(1) you acknowledge that any information or material submitted by you to the discussion forum is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;

(2) when you submit material to the discussion forum, you assign all copyright which subsists in such material to us;

(3) you are responsible for protecting the confidentiality of your username and password;

(4) you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;

(5) you agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members;

(6) you agree not to impersonate any other person;

(7) you agree to provide current, accurate and up-to-date information about yourself as required under these Terms of Use;

(8) you agree not to post or transmit any unsolicited advertising or promotional materials;

(9) any material which you post may be removed by us from the discussion forum without notice at any time;

(10) you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;

(11) you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

(12) you accept that any material or information provided by you may be posted in the discussion forum for any other members or guests to read;

(13) all information provided by us in our discussion forum is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;

(14) we do not make any representations or warranties that the information we provide in the discussion forum is reliable, accurate or complete or that your access to the discussion forums will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the discussion forum;

(15) we do not accept any liability for the accuracy or content of any material posted by other members of the discussion forum. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;

(16) we do not accept any responsibility or liability for any information or material which you submit to the discussion forum, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the discussion forum;

(17) we do not warrant that we will respond to questions or comments submitted by you to our discussion forums; and

(18) if you download any material from the discussion forum, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.

8 Restricted areas

Where you access any restricted area of the Website or submit any documents to be included in the document storage area, you agree to comply with the following additional conditions:

(1) you agree that any documents, information or other material that you send to us via the Website or submit for hosting on the Website (Your Content) will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. Unless we have otherwise made a separate agreement with you relating to Your Content, you agree that we, and the other users of this Website, will be entitled to use any or all of Your Content for any purpose without compensation to you, including for reproduction, disclosure, transmission, publication, broadcast and posting and for any and all commercial or non-commercial purposes;

(2) the provision of any of Your Content on our Website is solely at our discretion. We may host Your Content on our Website or remove it at any time or for any reason without notice to you;

(3) you are solely responsible for ensuring that Your Content is up to date, accurate and not misleading;

(4) you warrant that Your Content is not fraudulent, misleading or defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;

(5) you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material and other intellectual property rights included in Your Content so that Your Content can be distributed and made available online from our Website;

(6) you must procure from each author of any of Your Content an irrevocable and legally binding written consents to any acts or omissions in relation to Your Content which might otherwise infringe the author’s moral rights under the Copyright Act 1968 (Cth) or similar legislation; and

(7) where any of Your Content includes or comprises “personal information” or “sensitive information” as defined under the Privacy Act 1988 (Cth), you must ensure that you are permitted to disclose that information to us. If necessary, you are solely responsible for procuring any necessary consents from any individuals whose personal or sensitive information you disclose to us. Our Privacy Policy will apply in respect of any personal or sensitive information that you disclose to us.

9 Hyperlinks

(1) The Website contains hyperlinks and other pointers to Internet websites operated, controlled or produced by third parties (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site.

(2) Any hyperlinks are provided solely for your convenience. You access any Linked Sites entirely at your own risk.

(3) We are not responsible for the content or privacy practices associated with Linked Sites.

(4) Our hyperlinking to Linked Sites is not, and should not be construed as, an endorsement, approval or recommendation by us of the owners or operators of those Linked Sites or of any information, graphics, materials, products or services referred to or contained on those Linked Sites.

10 Forward-looking statements and representations

Statements or representations may be made on the Website or in any documents or materials accessible through the Website which describe our future intentions, expectations, predictions or any other future matter (including the doing of, or the refusing to do, any act). Any such statement or representation is forward-looking in nature and is subject to certain risks and uncertainties. While we have reasonable grounds for making such statements or representations at the time that they are made, a number of factors could cause the results or events predicted in these statements or representations to differ materially from current expectations and from actual results or events. We expressly disclaim any intention to, and do not assume any obligation to you to, update or revise any forward-looking statements or representations, whether as a result of new information, future events or otherwise.

11 Intellectual Property

(1) Except for any of Your Content, all documents, materials and other information displayed on the Website, including without limitation all information, text, photographs, plans, illustrations, artwork and other graphic materials, and advertisements (Website Content) are our property or the property of our licensors (which may include other users of our Website). The Website Content is protected by copyright, trade mark and other intellectual property laws.

(2) All Website Content may be downloaded, viewed and printed for your personal, non-commercial use provided that all Website Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Website Content to any third party without our express prior written consent.

(3) Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right in, or assign all or part of, its intellectual property rights in the Website Content, without our express written permission or the express written permission of the owner of the relevant Website Content (as applicable).

12 Trade marks

All names, logos and trade marks owned by or licensed to us and are set off from surrounding text, and are referred to with a TM or ® symbol or appear in italics or all capital letters. All other trade marks displayed on the Website are trade marks of their respective owners. Such third party trade marks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on our part of those third parties should be inferred from the use of these trade marks.

13 Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14 Monitoring

To the extent permitted by applicable law, we may monitor your access to, use of and other activities relating to the Website (including any posts you may make in any discussion forum on this website or associated with this website or any documents you access in any document storage areas of our Website). We may prevent, hinder or interfere in any such matters but we do not make any representation or warranty that we will do so (whether if required by law or otherwise). You consent to any such monitoring and intervention subject to any rights you may have under applicable law.

15 Privacy policy

We undertake to comply with the terms of our privacy policy which is available here.

16 Termination of access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

17 Governing Law

These Terms of Use are governed by the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.

18 General

(1) We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

(2) If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

(3) If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.