Conditions of use of Connectivity Index Report
All Connectivity Index Reports (CIRs) are produced by Us. By accessing or using a CIR or any of the information contained in one, you agree to these terms and conditions. You should review these terms and conditions carefully and, if you do not agree to them, immediately delete or destroy any CIR you have accessed.
- Intellectual Property Rights and non-distribution obligations:
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- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the CIR and in all of the information therein (Content).
- Your use of and access to any CIR does not grant or transfer any rights, title or interest to you in relation to the Content. However we do grant you a licence to view the Content on the terms and conditions set out on this page and, where applicable, as expressly authorised by us and/or our third party licensors.
- Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
- All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- Accuracy and completeness of CIRs:
- The information on CIRs is not comprehensive, is provided for information purposes only, does not take into account any reader’s personal circumstances, does not constitute advice and is provided on a non-reliance basis only. While we use all reasonable attempts to ensure the accuracy of the information contained in CIRs, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information therein, including with respect to its accuracy or reliability.
- Limitation of Liability:
- By accessing and using any CIR and any information therein, you assume all risks associated with such access and use. As there are many factors beyond Our control that may affect the reliability of the information contained in the CIR, We cannot promise that you will be able to rely on the CIR or any information therein for any purpose.
- To the maximum extent permitted by law, including the Australian Consumer Law, We (and Our directors, employees and agents) do not accept any liability for, and you agree to release Us (and Our directors, employees and agents), and hold Us and them harmless from, any and all claims in relation to any loss, howsoever caused, suffered or incurred by you arising from: (a) your use of or reliance on the CIR or any information therein; and/or (b) the consequences of disclosure of information to any other person or entity.
- If, notwithstanding the limitation of liability above, We are held to be liable to you, any liability We owe is limited, to the maximum extent permitted under law, including the Australian Consumer Law, to the amount you paid Us to access the CIR.
- To the maximum extent allowed at law, including the Australian Consumer Law, in no event will We be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages or losses (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the CIR, or any information therein.
- Indemnity:
- You indemnify Us against any costs or liabilities whatsoever (including legal costs on a full indemnity basis) incurred as a consequence of any breach by you of these terms and conditions, including but not limited those incurred in any claim brought by you against Us in breach of these terms.
- Jurisdiction and governing law:
- Your use of the CIR and these terms and conditions are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
- Definitions:
- Connectivity Index Report or CIR means a report produced by Us identified as a ‘connectivity index’, or otherwise containing information pertaining to the availability of mobile and internet service within a property or properties.
- ‘Us’, ‘we’ and ‘our’ means the company identified by ACN 633 048 978 and our related bodies corporate.