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Terms and Conditions

Terms and General Conditions of Use


Website Terms of Use Agreement between Inovact Consulting Pty Ltd (ABN 17 587 520145) which is the owner of the Basin Pulse Website www.basinpulse.com.au (The/This Website) and the user of This Website ("You/Your").

This Website is provided to promote the spread of good information and ideas that can be applied for the long term benefit of the Murray Darling Basin and its communities. It welcomes anyone willing to join us in this pursuit.

These Terms and Conditions, together with the Inovact Consulting Pty Ltd Privacy Policy and Disclaimer (as published on This Website) and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Basin Pulse Website govern Your use of and access to The Website. Please read them carefully before proceeding with entering The Website. If You do not accept these Terms and Conditions, You must exit This Website immediately.

We may change all or part of the Terms and Conditions at any time. If we do, the new Terms and Conditions will be posted on the Basin Pulse Website. Your subsequent or continued use of The Website will constitute Your acceptance of any changes. If You object to any changes to the Conditions, Your only remedy is to immediately discontinue Your use of The Website.

These Terms and Conditions of use were last updated on 26 July 2010.

Your use of The Website

You agree that You will use The Website in accordance with these Terms and Conditions and that You will not use The Website for any unlawful purpose.

You agree that You will only use The Website in a responsible manner and in accordance with all applicable laws, including in a manner that does not restrict others from enjoying The Website. You must not:

(a) Use the Basin Pulse Website (or material obtained from the Basin Pulse Website):

  • to transmit (or authorise the transmission of) "junk mail", "chain letters", unsolicited emails, instant messaging, "spimming", or "spamming";
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

(b) Use the Basin Pulse Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:

  • is not Your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, (or could reasonably be expected to be) defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains nudity, excessive violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless You have their consent;
  • poses or creates a privacy or security risk to any person;
  • You know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content;
  • contains restricted or password only access pages, or hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by Inovact Consulting); or
  • contains financial, legal, medical or other professional advice;

(c) Interfere with, disrupt, or create an undue burden on the Basin Pulse Website;

(d) Use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Basin Pulse Website;

(e) Use the Basin Pulse Website with the assistance of any automated scripting tool or software;

(f) Frame or mirror any part of the Basin Pulse Website without Inovact Consulting’s prior written authorisation;

(g) Use code or other devices containing any reference to the Basin Pulse Website to direct other persons to any other web page; or

(h) Delete any attributions or legal or proprietary notices on the Basin Pulse Website.


Your contributions to The Website

You may submit content to This Website for publication. Inovact Consulting, at its sole discretion, may determine whether (or not) Your content will be published, and reserves the right to edit, or amend, any content submitted by You. You warrant that You are permitted to submit the content to The Website, and that You will not submit, post on The Website, or email any material in breach of any law, including any obscene, explicit, pornographic, inflammatory material, or any material that could otherwise give rise to criminal or civil proceedings.

You agree (and warrant) that You will only provide information to the Basin Pulse Website if You own all of the intellectual property rights in that information. Except for Your personal information (which is dealt with under the Privacy Policy), You immediately assign to Inovact Consulting, upon creation, all intellectual property rights in all information provided by You to Inovact Consulting (including Your Website postings).

You agree to waive all moral rights in the content that You provide (and ensure that You obtain all moral rights waivers in relation to all the content that You provide) to Inovact Consulting, and that these waivers require that You (and all applicable third parties) consent to any use which Inovact Consulting (or any person permitted to do so by Inovact Consulting) may require. You agree, and must ensure that, that neither You require, or any third party requires, to be attributed as the source of the content that You provide to Inovact Consulting.


Intellectual Property

Reproduction of part or all of the contents in any form of The Website is prohibited other than for individual use only, and the contents of This Website may not be copied or otherwise shared with any third parties.

Without limitation, You agree that You will not print, distribute, display, sell, publish, broadcast, circulate, disseminate or commercially exploit, in any form or by any method whatsoever, part or all of the contents of The Website, or incorporate The Website material, or any part of it, in any work or publication, whether in hard copy, electronic, or any other form.
Unless otherwise noted, all materials on This Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Inovact Consulting or by other parties that have licensed their material to Inovact Consulting.

All rights not expressly granted are reserved.


Third party websites and activities

We may feature or display links and pointers to websites operated by third parties on the Basin Pulse Website. Such websites do not form part of Basin Pulse and are not under our control. We do not accept any responsibility in connection with any such website. If You link to any such websites, You leave the Basin Pulse Website entirely at Your own risk.

You must not link to the Basin Pulse Website from any other website (or otherwise authorise any other person to link from a third party website to the Basin Pulse Website) without Inovact Consulting’s prior written consent.

If You contact a third party using functionality provided on the Basin Pulse Website, including via e-mail, we do not accept any responsibility for any communications or transactions between You and the relevant third party.


Services provided on The Website

Inovact Consulting reserves the right to add, modify or discontinue any of the services offered on The Website at any time without notice. Inovact Consulting will not be held liable for any decision to modify or discontinue a service.


Registration

You can register for The Website by completing the Registration Form. It is a condition of registration that You provide a valid e-mail address and a password. You agree not to provide this password to any third parties. You must notify us immediately if You become aware of any unauthorised use of Your membership details.

It is Your responsibility to inform us of any changes to Your registration information.

You must not register as a member multiple times.

You must not impersonate or create a membership for any person other than Yourself.

We may at any time request a form of identification to verify Your identity.

Registration on The Website is free, and entitles You to see content on The Website and to receive information about Basin Pulse research and services.

We reserve the right to, in our sole discretion, suspend or terminate Your membership or access to all or any part of the Basin Pulse Website, including if we believe You are abusing the services in any way, have breached the Terms and Conditions or are no longer an active member.


Future changes
From time to time, this Agreement will be reviewed and may be revised. Inovact Consulting reserves the right to change this Agreement at any time, and revoke Your registration. Any changes to this Agreement will be posted on The Website.
Your continued use of The Website will constitute Your acceptance of the variation of the Agreement (at Inovact Consulting’s sole discretion) without notice to You.


Website availability

From time to time down-time, either scheduled or unscheduled, may occur. Inovact Consulting will work within reason to ensure this amount of down-time is limited.

Inovact Consulting will not be held liable for the consequences of any down-time.


Termination

Inovact Consulting reserves the right to cease providing services at any time.

Inovact Consulting shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.


GST

Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Basin Pulse Website are stated inclusive of GST. Where GST applies to any supply made to You, we will deduct the applicable GST and issue You with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.


Affirmation regarding age

By using the Basin Pulse Website, You affirm that You are 18 years or over or otherwise possess legal parental or guardian consent.