Ether Conference Centre Website Terms and Conditions
This web site provides information on ether.
Descriptions featured on the Site are based on information provided by ether, ether represented companies, ether sponsors or ether supported organisations. ether does not accept responsibility for descriptions, representations or changes to any such descriptions or representations.
ether reserves the right to change, modify, add or remove sections of these Web Site Terms and Conditions and to add to, change or discontinue the information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes.
By using the Site, you agree to be bound by an agreement between you and ether representing company, Prime Assets Pty Ltd (ABN: 50693006965), of 265 - 281 Little Bourke St, Melbourne, VIC ("Ether") comprising these Web Site Terms and Conditions:
Personal and non-commercial use limitation
The Site is for your personal, non-commercial use. You may not modify, adapt, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, license, create derivative works from, incorporate in other works (whether electronic or not), transfer, or sell any information, found on or obtained from the Site (collectively, "ether Information""); provided that you may download, reproduce, and retransmit ether Information solely for non-commercial purposes within your organisation. With the exception of the foregoing limited authorisation, no licence or right in any copyright or other intellectual or industrial property right of ether or any other party is granted or conferred to you.
Exclusions and liability
The Site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to:
a. warranties that your use or operation of the Site will be uninterrupted, virus free or error free;
b. warranties that the Site will be free of omission or inaccuracies; or
c. implied warranties of merchantability or fitness for a particular purpose, other than those warranties or conditions which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Nothing in these Web Site Terms and Conditions has the effect of excluding, restricting or modifying any non-excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by the Trade Practices Act 1974 (Commonwealth of Australia), the New Zealand Consumer Guarantees Act 1993 or any other legislative provision.
Where ether is not entitled to exclude a warranty, condition or term implied by law, and to the extent permitted by law, ether's liability for breach of any such warranty, condition or term is limited to:
a. in the case of services, at the option of ether, either the re supply of the services or payment of the cost of having the services re supplied; and
b. in the case of goods, at the option of ether, either the re supply of the goods or payment of the cost of having the goods re supplied
Your use of the Site and your acquisition of services through the Site is at your own risk. To the extent permitted by law, ether, its agents, representatives or licensors shall not be liable for any loss or injury or any damages whatsoever, whether direct, indirect, exemplary, punitive, special, incidental, consequential or otherwise, including without limitation claims for loss of profits, business, use, bargain or goodwill, loss or corruption of data, or loss of savings, resulting from, or in any way connected to, the use of or access to, or inability to use or access the Site or any information presented on the Site or any services provided through the Site, in each case regardless of whether based in contract, tort (including without limitation) negligence, equity, strict liability, statute or any other basis.
Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing but allows limitations of liability to a certain maximum extent, then Ether's liability is limited to that extent.
To the extent permitted by law, you hereby waive any and all claims against Ether, its agents, representatives and licensors arising out of your use of the Site or any other Ether Information.
Copyright and proprietary rights information
The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of ether and/or other third parties, or references to the same. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of ether and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the contents of the Site, without the express written consent of ether or unless expressly authorised by law, is prohibited.
Your representations and warranties
You represent and warrant that:
a. all information that you submit is true and accurate;
Linked web sites
The Site may contain links (including, without limitation, sites linked through advertisements) which will enable you to leave the Site. ether does not review or monitor any web sites linked to the Site and is not responsible for the content or accuracy of any such linked web sites. Your linking to any web sites is at your sole risk and subject to the terms and conditions of those sites. ether is not responsible for the information, products, or services obtained on such other sites and will not be liable for any loss or damage arising from your access to or use of such sites. Any links to other sites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement of the linked sites or the content therein. In addition, you agree not to link your web sites or any other third party web site to the Site without the express prior written consent of ether.
No unlawful or prohibited use
As a condition of your use of the Site, you warrant that you will not use the Site for a purpose that is unlawful or prohibited by these Web Site Terms and Conditions and notices.
Without limitation to the foregoing paragraph, if you use the Site you are solely responsible for any content Submitted by you. You must not:
a. use the Site for any purpose in violation of any Applicable Laws;
b. impersonate any person, entity or corporation, or Submit a fictitious name or entity
c. Submit any content that:
i. infringes the intellectual property rights of any third party;
ii. is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
iii. contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
iv. contains a survey, contest, or pyramid scheme; or
v. contains an improper question;
vi. stalk, harass or otherwise harm others;
vii. distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer;
viii. collect or store personal data about other users of the Site for any purpose;
iix. induce, entice, solicit, recruit, lure, or attempt to induce, entice, solicit, recruit, or lure other users or any of Ether's employees, agents or contractors to another web site which, in Ether's reasonable opinion, is a competitor of Ether; or
ix. engage in any other conduct that inhibits any other person from using or enjoying the Site.
You agree to defend, indemnify and hold harmless ether, and each of their represented officers, directors, and employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Web Site Terms and Conditions.
These Web Site Terms and Conditions will be governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ether as a result of this agreement or use of the Site.
Any rights not expressly granted to you herein are expressly reserved by ether. ether are direct and intended beneficiaries of these Web Site Terms and Conditions and may enforce these Web Site Terms and Conditions directly against you.
If any part of these Web Site Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Web Site Terms and Conditions constitute the entire agreement between ether and you in relation to the Site, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between ether and you in relation to the Site.
Your use of the Site is conducted electronically and you agree that ether may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices.
In these Web Site Terms and Conditions, unless the context otherwise requires:
"Ether" represents companies, Colivon, (ABN: 58328593784), and Prime Assets Pty Ltd (ABN: 50693006965), Work Exchange Bureau Pty Ltd, (ABN: 93575765398) Keengap Pty Ltd (ABN: 9357565398) of office 195 Swanston St, Melbourne, VIC and "we", "our" or "us" have the corresponding meaning and together with their subsidiaries, Related Bodies Corporate, Related Parties, joint venture partners and any other entities which those companies may control or hold interests in.
"Applicable Law" in relation to any person, action or thing means the following in relation to that person, action or thing:
a. any law, rule or regulation of any country (or political sub-division of a country);
b. any obligation under any licence in any country (or political sub-division of a country); and
c. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country). "Submit" means to submit, post, upload or transmit in any manner (whether electronically or otherwise).
in these Web Site Terms and Conditions, unless the context otherwise requires:
a. words importing the singular include the plural and vice versa;
b. other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning;
c. headings and underlining are for convenience only and do not affect the interpretation of this agreement; and
d. a term or expression starting with a capital letter:
i. which is defined in the clause entitled Definitions has the meaning given to it in that clause;
ii. which is defined in the Corporations Act 2001 (Commonwealth of Australia) but is not defined in this Dictionary, has the same meaning as in the Corporations Law; and
iii. which is defined in any other clause has the meaning given to it in that clause.