[EvolutionCode Pty Ltd (ACN 101 417 216 )
or your substituted corporate entity] (“the Website
Operator”) operates websites located at www.recallplus.com and www.EvolutionCode.com ("the
Website").
These are the general Terms of Use
for the Website. When using the Website you must comply with these Terms and
Conditions. It is a condition precedent to your use of the Websites that you
read and agree to these Terms and Conditions. If you do not agree to the Terms
and Conditions set out herein then please do not use the Website.
The intellectual property rights
(including copyright) in all information, text, material, graphics, fonts,
icons, code (including HTML), audio, video, photographs, software and
advertisements on the Website ("Content") are owned by or licensed to
the Website Operator. The Content is protected by Australian and international
intellectual property laws.
You must not modify, copy,
reproduce, sell, frame, scrape, upload to a third party, create derivative
works from, post, transmit or distribute the Content in any way except as
expressly provided for on the Websites or expressly authorised
in writing by the Website Operator.
The Website Operator does not
warrant that the material or functions contained in the Website or your access
to them will be uninterrupted, error-free or free of viruses or any other
harmful components.
The Website Operator does not
warrant or make any representation regarding accessibility, correctness,
accuracy, timeliness, completeness, reliability or otherwise in respect of the
Website or materials or functions contained on the Website.
The Website Operator will not be
liable for damage or loss resulting from any delay in operation or
transmission, virus, harmful component, communications failure, internet access
difficulties or malfunction in equipment or software, howsoever caused.
The Website Operator undertakes to
make all reasonable efforts to ensure that the Website is available to you
during the hours specified by us from time to time but is not liable to you for
or in connection with -
· Failure
of a Service to perform in whole or in part, any function which we have
specified it will perform;
· The unavailability of a
Service to you in whole or in part because of the failure of the Communication
Network, Ancillary Equipment or any circumstance beyond our reasonable control;
or
· Delays or errors in the execution of any transaction or
instruction because of the Communication Network, Ancillary Equipment or any
circumstance beyond our reasonable control.
The Website Operator or any related
corporation or their respective directors or employees will not be liable to
you for any losses, damages, liabilities, claims or expenses (including legal
costs) whether direct, indirect, or consequential howsoever caused (including,
without limitation, negligence) suffered or incurred by you arising out of:
· use of, or any
inability to use the Website; or,
· the Content of this Website; or,
· any services offered or made available to you by the Website
Operator through any means whatsoever.
If the Trade Practices Act 1974 (TPA) or any other
legislation implies a condition or warranty into these Terms of Use in respect
of goods or services supplied by the Website Operator, and the Website
Operator's liability for breach of that condition or warranty may not be
excluded but may be limited, the previous paragraph does not apply to that
liability and instead the Website Operator's liability for any breach of that
condition or warranty is limited to in the case of a supply of services, the
Website Operator doing either of the following (at the Website Operator's
election):
· supplying
the services again;
· giving notice to the
complainant that the services are no longer being offered.
Nothing in these terms and
conditions is intended to exclude, restrict or modify rights which you may have
under the TPA or any other legislation which may not be excluded, restricted or
modified by agreement.
The Website Operator reserves the
right to immediately terminate this agreement or your use of, or access to, the
Websites at any time if the Website Operator decides at its sole discretion
that you have breached the Terms of Use or any relevant law, rule or regulation
or you have engaged in conduct that the Website Operator considers to be
inappropriate or unacceptable. All restrictions imposed on you, licenses
granted by you and all the Website Operator disclaimers, limitations of
liability and indemnities set out in the Terms of Use will survive any termination.
The Website Operator relies on your
continued observance of these Terms of Use. If the Website Operator suffers any
loss or damage or incurs any costs in connection with any breach of these Terms
of Use or any other legal obligation then you agree to indemnify the Website
Operator for those losses, damages and costs.
These Terms of Use will be governed
by and construed in accordance with the laws of
Please review our Privacy
Policy, which also governs your visit to the websites,
All rights not expressly granted
herein are reserved.