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BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE AND AGREEMENT TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE.
This is a web site operated by Insite Management Pty Ltd (ABN 59 103 745 688) ("Insite") under the domain name "www.insite.com.au" ("Insite Web Site"). The Insite Web Site is operated on behalf of Insite and its related bodies corporate.
Your use of the Insite Web Site including without limitation the information, graphics and materials on the Insite ("Material on this web site") is governed by these Terms of Use and the Privacy Statement.
In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the Insite Web Site. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Insite Web Site. In the event of a conflict between these Terms of Use and the additional specific terms posted, the provisions of any additional terms shall apply.
Insite reserves the right at its absolute discretion, at any time and without giving any prior notice to take any of the following actions:
1. Restrict, suspend or terminate access to all or part of the Insite Web Site.
2. Alter, delete, edit or otherwise change any of the information available on the Insite Web Site.
3. Make corrections, improvements including the addition, alteration and/or removal of any features and functionality.
4. Add additional terms governing the use of the Insite Web Site including without limitation limits and restrictions to our services.
You acknowledge and agree that in no event Insite shall be liable for taking any of the above actions.
Insite reserves any rights not expressly granted in these Terms of Use and the Privacy Policy.
Copyright.
Copyright in the Material on this Web Site is owned or licensed by Insite and protected by Australian copyright, international treaties and other applicable copyright laws.
Except where necessary for viewing the material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Insite.
Privacy Policy. All of the information that we collect is subject to our Privacy Policy which is hereby incorporated by reference. Your use of the Insite Web Site is subject to our Privacy Policy.
Web Site and Information. Insite is unable to guarantee that the Insite Web Site shall be free of any errors or defects, free of any viruses or other harmful components or that the Insite Web Site shall be accessible.
Insite does not guarantee, warrant or represent that the information available on the Insite Web Site will be accurate, correct, timely, complete or otherwise reliable. You may not rely on any of this content, including without limitation the description of services offered by Insite.
Third Party Content. The Insite Web Site may contain information and/or links to other web sites provided by third parties. Insite does not guarantee the accuracy and reliability of such information. In addition, the use of any of the third party web site is subject to the terms and conditions (if any) that each of such sites has established by its provider.
DISCLAIMER. THIS WEB SITE IS PROVIDED "AS IS". INSITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INSITE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY OTHER WAY RELATED TO: (1) ANY ERRORS IN THE INSITE WEB SITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATIONS TECHNICAL ERRORS AND INACCURACIES, (2) ANY THIRD PARTY CONTENT OR THIRD PARTY WEB SITES CONTAINED OR ACCESSED THROUGH LINKS IN THE INSIGHT WEB SITE, (3) THE UNAVAILABILITY OF INSITE WEB SITE OR ANY PORTION THEREOF, (4) YOUR USE OF THE INSITE WEB SITE, OR (5) YOUR USE OF ANY HARDWARE OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.
Limitation of Liability. Nothing herein excludes, modifies or restricts any condition, warranty and/or liability which may be implied by the Trade Practices Act 1974 (Cth) as amended and the Fair Trading Act 1987 NSW or any other applicable law where to do so would be illegal or would render any such provision void or unenforceable. Subject to the foregoing, Insite and its third party licensors shall not be liable for any loss, claim, liability or damage of any kind resulting from your use of the Insite Web Site. Insite shall in no event be liable for any direct, indirect, special, incidental or consequential loss or damages of any kind (including without limitation any legal fees) due to, resulting from or arising in connection with the use of or inability to use the Insite Web Site or its content. To the extent the foregoing limitation is prohibited by law, Insite's sole obligation to you for damages shall be limited to A$100.
Indemnification. You hereby agree to indemnify, defend and hold Insite harmless (including its officers, directors, employees, shareholders, agents, affiliates and third party licensors) against any and all claims arising out of your use of the Insite Web Site, your breach of any of these Terms of Use or otherwise your connection to the Insite Web Site.
Entire Agreement. These Terms of Use including any specific additional terms and the Privacy Statement incorporated by reference, constitute the entire agreement between you and Insite and shall supercede any prior agreement that we may had. Insite reserves the right to change of these terms without notice.
Jurisdiction. These Terms of Use shall be construed in accordance with the laws of the State of New South Wales or, where applicable, the Commonwealth of Australia. You hereby irrevocably agree to submit any dispute arising out of or in relation to these Terms of Use and/or the Insite Website to the competent courts of New South Wales or the Commonwealth of Australia as the case may be.
Severability. If any of these terms shall be held unenforceable or invalid by a court of competent jurisdiction, then the invalid or unenforceable provision shall be deemed as varied to maintain the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect.
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