1. Acceptance of Terms of Service
Welcome to Westnet Pty Ltd (“Westnet”).
Westnet provides the services to you subject to the following terms of service (“Terms of Service”). By using Westnet Services, you agree to be bound by these Terms of Service.
The Terms of Service may be updated by Westnet from time to time without notice to you. Please review these Terms of Service from time to time so that you will be apprised of any changes.
When using Westnet Services you may also be subject to any posted guidelines or rules applicable to such services which may be posted from time to time on the Westnet website. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
2. Westnet Services
Westnet provides you with access to various on-line resources, including news, communications tools, online forums, shopping services, personalised content and branded programming through its network of properties ("Westnet Services").
Westnet may add or remove such resources from time to time at its sole discretion.
3. Linked Content
The sites displayed as search results or linked to by, or as a direct result of using Westnet Services are developed by parties over whom Westnet has no control including, for example, but not limited to www.drive.com.au, www.rsvp.com.au, www.domain.com.au and www.seek.com.au(.)
The search results that appear from the Westnet website are indexed by automated machinery and computers owned by third parties. Westnet cannot and does not screen the sites before including them in the indices from which such automated search results are gathered.
Any search made using Westnet Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. Westnet cannot guarantee that a search made using Westnet Services will not locate unintended or objectionable content and assumes no responsibility for the content of any site included in any search results or otherwise linked to by the Westnet Services.
4. Personal Use Only
The Westnet Services are made available by Westnet for your personal, non-commercial use only. You may not use the Westnet Services to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales.
If you would like to make commercial use of the Westnet Services, you must enter into an agreement with Westnet in advance. Please contact the Westnet Marketing department on (08) 6263 6300 or email mywestnet@westnet.com.aufor more information.
5. Privacy Policy
You agree that you have read, understand and agree to be bound by the Westnet Privacy Policy.
6. Intellectual Property
All information, graphics, and other material on the Westnet website (Content) is owned or licensed by Westnet and is protected by Australian and international laws relating to copyright and trade marks. You must not use such content in any manner or for any purpose that is unlawful or in any manner which violates any right of Westnet or any of its licensors.
You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the Westnet website content except for a purpose which would reasonably have been intended by Westnet and/or its licensors. Nothing contained on the Westnet website constitutes the grant of a licence or right of use of any trademark displayed on the Westnet Website.
7. Copyright
Unless otherwise indicated, Westnet owns, or uses under licence, copyright in the contents and design of this Site. Except as set out below, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Site.
All Australian Associated Press (“AAP”) content is owned by, or licensed to, AAP and is copyright protected. AAP content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed, whether by caching, framing or similar means, without AAP’s prior written permission. AAP and its licensors are not liable for any loss, through negligence or otherwise, resulting from errors or omissions in or reliance on AAP content. The globe symbol and “AAP” are registered trade marks.
Westnet requires you to respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Westnet's Copyright Agent the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the interest;
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a description of the work that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the site;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Westnet's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent: Westnet Abuse Department
Address: Level 7 Central Park, 152 St Georges Tce, Perth WA 6000
Email address: abuse@westnet.com.au
When using the Westnet Services you may provide us with information. You grant Westnet exclusive rights in all such information and all information derived or generated from it, in all existing or future media.
8. Public Content
If you elect to post, or otherwise make any other information publicly available on the Westnet website, you grant Westnet a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such information whilst you elect to retain such information on the Westnet website.
9. You Agree
In consideration for Westnet providing the Westnet Services you agree:
(a) not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Westnet Services or use of the Westnet Services, or access to the Westnet Services;
(b) not to resell or assign your rights or obligations under these Terms of Service;
(c) that additional terms and conditions may apply to you when you use affiliate services, third-party content or third-party software in conjunction with the Westnet Services;
(d) that there is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Westnet and you;
(e) to comply with all applicable laws regarding the transmission of technical data exported from Australia, New Zealand and, if relevant, the country in which you reside;
(f) that nothing on the Westnet website constitutes an offer for the preparation, placement, or publication of an advertisement to you;
(g) that Westnet does not warrant the accuracy of any content on its website;
(h) your use of the Westnet Services is solely at your own risk and expense;
(i) you must evaluate and bear all risks associated with the use of any content made available on the Westnet website;
(j) your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Westnet Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser; and
(k) the Westnet Services are provided for informational purposes only. No content included in, or forming part of the Westnet Services is intended for trading or investing purposes;
(l) that all content contained in sponsor advertisements or information presented to you through the Westnet Services, or otherwise through the Westnet website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the owner of such proprietary rights, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works from such works;
(m) that Westnet assumes no responsibility or liability for the timeliness, deletion, mis-delivery in relation to the Westnet Services; and
(n) that the Westnet General Terms and Conditions shall also apply to your use of the Westnet Services.
The Westnet Services may provide, or third parties may provide, links to other Internet sites or resources. Westnet has no control over such sites and resources, you acknowledge and agree that Westnet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Westnet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Westnet Software
You acknowledge and agree that certain software may be used by you in connection with the Service ("Software") and further, that such Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Westnet grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You further agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
11. Disclaimer
All Westnet Services and all materials, information, products and services included in the Westnet Services are provided "as is," with no warranties whatsoever. Westnet disclaims any and all responsibility or liability for:
(a) the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Westnet Services results;
(b) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and
(c) any harm resulting from downloading or accessing any information or material on the Internet through the Westnet Services.
Westnet and its licensors expressly disclaim:
(a) to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights;
(b) any warranties:
a. regarding the security, reliability, timeliness, and performance of the Westnet Services;
b. for any information or advice obtained through the Westnet Services; and
c. for services or goods received through or advertised on the Westnet Services or received through any links provided by the Westnet Services; and
(c) for any information or advice received through any links provided in the Westnet Services.
You understand and agree that you:
(a) download or otherwise obtain material or data through the use of the Westnet Services at your own discretion and risk; and
(b) will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
12. Limitation of Liability
Westnet and its licensors shall not, under any circumstances, be liable to any person on the basis of that person's use or misuse of, or reliance on, the Westnet Services. All information made available on the Westnet website is provided on the basis that all persons accessing the website undertake the responsibility for assessing the accuracy of its Content and that they rely on it entirely at their own risk.
This limitation of liability shall apply:
(a) to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and/or punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Westnet or its [licensors] have been advised of the possibility of such damages);
(b) whether the damages arise from use or misuse of and reliance on the Westnet Services, from inability to use the Westnet Services, or from the interruption, suspension, or termination of the Westnet Services (including such damages incurred by third parties);
(c) with respect to damages incurred by reason of other services or goods received through or advertised on the Westnet Services or received through any links provided in the Westnet Services, as well as by reason of any information or advice received through or advertised on the Westnet Services or received through any links provided in the Westnet Services; and
(d) without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. such limitation shall further apply with respect to the performance or non-performance of the Westnet Services or any information or merchandise that appears on, or is linked or related in any way to, the Westnet Services.
The above limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
13. Indemnity
You understand and agree that Westnet has no control over content made available from third parties as part of the Westnet Services. You agree to indemnify and hold Westnet and its officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any content you submit, post to or transmit through the Westnet Services, your use of the Westnet Services, your violation of these Terms of Service, or your violation of any rights of another.
14. Termination
You agree that Westnet may, in its sole discretion, restrict, suspend or terminate your access to the Westnet Services at any time and without notice and liability to you.
15. Indemnity
When using or accessing any part of the website, you agree to indemnify Westnet and its licensors, and each of their respective directors, officers, employees and agents against any action, claim, loss or expense arising from your use of the Westnet Services.
16. Governing Law
These Terms of Service will be governed by and construed in accordance with the laws in force in the state of Western Australia from time to time. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Western Australia.
17. Miscellaneous Provisions
(a) These Terms of Service constitute the entire agreement between Westnet and you with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
(b) Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Westnet.
(c) Westnet requests that you report all breaches of these Terms of Service to mywestnet@westnet.com.au.
(d) A failure by Westnet to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
(e) If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
(f) Any notice given under these Terms of Service shall be in writing (email is acceptable).