Website Terms of use

This website www.estrenue.com.au and its contents (the Website) are owned and operated by ESTRENUE PTY LTD (ABN 72 639 336 351) (ESTRENUE). By accessing or using the Website, you agree that you have read, understood and agree to these terms and conditions of use (Terms of Use). You acknowledge that ESTRENUE provides access to the Website to you subject to these Terms of Use.

If you do not agree with or do not understand these Terms of Use, you should immediately exit the Website and you should not use it or any documentation, material, data or other content (Content) available on the Website.

Content

  1. You understand and agree that all Content accessed or used by, or provided to, you through the Website includes the intellectual property of ESTRENUE or third parties from whom ESTRENUE may license that Content.
  2. You may not modify, rent, lease, loan, sell, distribute or create unoriginal works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by ESTRENUE or by the owners of that Content, in a separate agreement.

 

Proprietary rights

  1. You acknowledge and agree that ESTRENUE owns, or is licensed to use, all legal right, title and interest in and to the Website, the Content. You further acknowledge that the Content may contain information which is designated by ESTRENUE as, or is by its nature, confidential and that you shall not disclose such information without ESTRENUE’s prior written consent.
  2. Unless indicated otherwise, all intellectual property in the Website and the Content is owned by or licensed to ESTRENUE. Subject to these Terms of Use, ESTRENUE grants to you a non-exclusive, revocable and non-transferable limited licence to view, download and use the Content directly accessible through the Website.
  3. Unless you have agreed otherwise in writing with ESTRENUE, nothing in these Terms of Use gives you a right to use any of ESTRENUE’s trade names, trade marks, service marks, logos, domain names or other distinctive brand features.
  4. Unless you have been expressly authorised to do so in writing by ESTRENUE, you agree that, in using the Website, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
  5. You agree that, subject to your use of the Website and the Content in accordance with the limited licence granted to you, you will not infringe ESTRENUE’s intellectual property in the Website or the Content and will not modify, copy, republish, frame, mirror, distribute or communicate any part of the Website or the Content, or any information contained in them, or otherwise use the Website or the Content in a way which will infringe ESTRENUE’s or any third party’s intellectual property or other rights.
  6. Other than as may be provided by the Website, you may not use any data mining, screen scraping or similar software or other data gathering, analysis or extraction tools or processes on the Website, except with ESTRENUE’s prior written consent.

 

Prohibited uses

You must not use the Website:

  1. for any commercial purpose;
  2. in an unlawful manner or for any unlawful purpose;
  3. in any manner which is inconsistent with these Terms of Use; or
  4. in any manner that could damage, disable overburden, compromise or impair or systems or security or interfere with other users.

 

Terminating your relationship with ESTRENUE

If you breach any provision of these Terms of Use, ESTRENUE may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.

 

Disclaimer

  1. Except as provided by law, the Website and the Content are provided “as is” and without any guarantee, warranty or condition, express or implied.
  2. ESTRENUE does not guarantee or warrant that the information contained in or accessible through the Website, or any Content, is accurate, suitable for your purposes or without errors, omissions or viruses.
  3. ESTRENUE does not guarantee continuous, uninterrupted or secure access to the Website or any Content.
  4. You acknowledge that access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of ESTRENUE’s control.
  5. ESTRENUE does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website or any Content.
  6. Subject to the provisions of the Competition and Consumer Act 2010 (Cth), ESTRENUE makes no guarantees, representations or warranties in respect of the information and materials available on the Website or in any Content or the means of accessing that information and material (including the software operating in connection with the Website).
  7. ESTRENUE makes no guarantee, warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than ESTRENUE which are or may become linked or framed to or from the Website.

 

Third Party Content and Websites

You acknowledge that the Website may contain links to the websites of third parties. You acknowledge that ESTRENUE provides links as a service only and is not responsible for, and provides no warranty or representation or accepts any liability in respect of, any third party websites. ESTRENUE has no control over third party websites and, accordingly, you access, use and/or rely upon the content of those websites at your own risk. ESTRENUE expressly disclaims any liability whatsoever in respect of any loss, damage, costs or liability you may suffer through the access to or use of third party websites.

 

Limitation of Liability

  1. You agree that ESTRENUE is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
    1. the use of the Website or Content;
    2. the use by ESTRENUE of information provided by you to ESTRENUE through the Website or any Content; and
    3. being unable to access the Website for whatever reason and however arising, including (without limitation) negligence.
  2. ESTRENUE expressly limits its liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at ESTRENUE’s sole discretion):
    1. in the case of goods, any one or more of the following:
      1. the replacement of the goods or supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the costs of having the goods repaired; and
      5. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
  3. You shall be responsible for and indemnify and keep indemnified ESTRENUE and its directors, officers and employees from and against liability for all loss, including but not limited to direct loss, indirect loss, consequential loss, loss of profit, reputation or otherwise, damage or injury to persons or property caused wholly or in part by you or (if applicable) your employees or agents (including any loss, damage or injury which may be suffered by you or any of your employees, agents) arising directly or indirectly out of your access or use of the Website or any the Content.

 

Links

You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of ESTRENUE.

 

Alteration

ESTRENUE may change any of the Content or the Website at any time.

 

Amendment of Terms of Use

ESTRENUE is entitled, at its sole discretion, to amend, add or remove any part of these Terms of Use at any time without notice. You should periodically read these Terms of Use. Your continued use of the Website or any Content after any such change to these Terms of Use creates an agreement by you to abide by and be bound by these Terms of Use, as amended.

 

Choice of Law and Use of the Website

These Terms of Use are governed by the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction of those courts on any basis. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use.

ESTRENUE has designed the Website and Content for use only withing the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website or any Content outside the Commonwealth of Australia. Access to the Content may not be legal by certain persons or in certain countries outside of the Commonwealth of Australia. If you access this site from outside the Commonwealth of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.