This web site and its contents (“Web Site”) is owned and operated by April 5 Pty. Ltd. ABN 81 123 499 641 “(April5”). The use of this Site is governed by the following terms and conditions, as amended from time to time (the “Terms and Conditions”).
By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Web Site.
As the Terms and Conditions may be updated from time to time as the Web Site, we encourage you to check this document regularly.
Intellectual Property & Restrictions On Use Of Content
The Web Site is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Unless otherwise indicated, the copyright is owned by April5, which reserve all rights. Except for the direct purpose of viewing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without April5’s consent.
Notwithstanding the foregoing, certain individuals and organisations may be provided with controlled access to certain parts of the Web Site for commercial purposes. In these instances, the individuals and organisations are permitted to download and store the relevant information for the purpose as agreed to between April5 and the organisation or individual.
Access and passwords
Certain parts of the Web Site may only be accessed through the use of a password. The individuals who are provided with a password must keep the password information secure. April5 will not be responsible for the security of the password.
Disclaimer & Limitation Of Liability
The Web Site and its entire contents are provided on an “as is” basis. Neither April5, nor its directors or employees give or make any representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents, to the extent permitted by law. You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated.
April 5 and its officers, employees, agents, contractors or agents shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Web Site (including the downloading of any materials), or your reliance upon information contained upon it (whether arising from April5’s negligence or otherwise), to the extent permitted by law. Nothing contained in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy pursuant to the Australian Trade Practices Act 1974 or relevant legislation in force in Australian States or Territories (“the Acts”), where to do so is unlawful, in which event April5’s liability including any liability for consequential loss which the Web Site user may suffer or incur will be limited as April5 may elect in its sole discretion, to the extent permitted by law, in the case of services supplied or offered by April5, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by April5, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
You agree to indemnify and keep indemnified April5 and its officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which the indemnified person may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the Web Site (or any part of it) or your breach of these Terms and Conditions.
April 5 reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice. Your access to the Web Site, your ability to participate in all or certain parts of the Web Site, or your ability to access the Web Site may be terminated at any time without notice, and without any liability to April5. Any indemnities given by you and limitations on April5’s liability will survive such termination.
A right relating to these Terms and Conditions may only be waived by April5 in writing. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. By using the Web Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. 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 remaining provisions, which will continue in full force and effect. April5’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by April5 in writing.