OPEN CAPTIONS AUSTRALIA WEBSITE USAGE – TERMS AND CONDITIONS
The term Open Captions Australia; OCA; or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains all material and graphics is OCA’s copyright unless indicated otherwise. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
The information contained in this website is for general information purposes only. The information is provided by Open Captions Australia and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Open Captions Australia. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Open Captions Australia takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of Open Captions Australia. – All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to Open Captions Australia to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that the Content may be viewed by other users of the Website and you authorise Open Captions Australia to make such copies and amendments of the Content as Open Captions Australia deems to be necessary at its sole and absolute discretion, in order to facilitate the posting and storage of the Content on the Website. You are responsible for any Content you post on the Website.
- You represent and warrant that you will not upload or otherwise provide any Content (including links to other websites or images), or engage in any behaviour, which:
- is inappropriate, inaccurate, profane, defamatory, fraudulent, unlawful, threatening, inflammatory, inciting hatred, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, or degrading;
- infringes the intellectual, moral or other proprietary interests of third parties;
- impersonates another person or entity, attempts to solicit personal information from another user, includes material which contains commercial advertising otherwise promoting yourself, your website or your products, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Open Captions Australia considers to be inappropriate;
- violates any law, statute or regulation;
- forges information to disguise the origin of any Content; and
- encourages or incites any other person to engage in any of the above behaviour.
- You agree to grant Open Captions Australia a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in Open Captions Australia’s favour.
- If you find any Content that breaches these Terms, please contact Open Captions Australia, who will then make a decision in relation to whether or not the Content is to be removed.
- You agree that you will not use the Website to:
- harvest or collect email addresses or other contact information from other users;
- threaten or harass anyone;
- invade anyone’s privacy;
- disrupt other users’ enjoyment of the Website;
- in any unlawful manner or in any other manner that could damage, overburden or impair the Website.
- In the event that it is discovered that you have breached these Terms, you understand that Open Captions Australia may, without limiting its other rights and remedies available at law:
- suspend or terminate your access to the Website; or
- in the event that such breach is illegal, notify the proper authorities and make available to them any Content provided by you.
- 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 Open Captions Australia.
- The Website may contain a link to a content provider’s website (Third Party Website). In the event that you enter a Third Party Website via the Website, you immediately become subject to that Third Party Website’s privacy policies and any other terms and conditions contained therein. The linking to a Third Party Website from the Website does not constitute endorsement by Open Captions Australia of any material set out in the Third Party Website, or any associated organisation, product or service.
- Unless indicated otherwise, all intellectual property in the information, text, material, graphics, software, advertisements and other material on the Website is owned or licensed by Open Captions Australia. Subject to these conditions of use, Open Captions Australia grants to you a non-exclusive and non-transferable limited licence to view, download and use information directly accessible through the Website, in accordance with these Terms.
- You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe Open Captions Australia’s intellectual property in the Website and will not modify, copy, reproduce, upload to a third party, post, transmit, republish, frame, distribute or communicate any part of the Website or any information or Content contained in it or otherwise use the Website in a way which will infringe Open Captions Australia’s intellectual property or other rights.
- Any trademarks displayed on the Website belong to their respective owners and nothing in this Agreement or contained in the Website is to be construed as granting any licence or right of use of any trademark displayed on the Website without the express prior written approval of Open Captions Australia or the owner of the trademark.
- Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
- Open Captions Australia does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Open Captions Australia does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Open Captions Australia’s control. Open Captions Australia does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website. Nothing on this website constitutes legal advice or any other kind of advice of any kind.
- Subject to the provisions of the Trade Practices Act 1974, Open Captions Australia makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Open Captions Australia makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Open Captions Australia which are or may become linked or framed to or from the Website.
- Notwithstanding any confirmation by a content provider to the contrary, Open Captions Australia does not warrant or represent that any information contained in or accessible through the Website is accurate and/or current. You should make your own enquiries before entering into any transaction based on the content contained on the Website.
LIMITATION OF LIABILITY
- You agree that Open Captions Australia is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, punitive, special or consequential loss) arising as a result of breach of these terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
- the use of the Website;
- the use by Open Captions Australia of information provided by you to Open Captions Australia through the Website;
- being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
- the use of your Website password by you or any third party to whom you have made the password available.
- Open Captions Australia expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Open Captions Australia’s sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You indemnify Open Captions Australia against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any clause of these Terms; or
- any breach or inaccuracy in any representations or warranties made to Open Captions Australia.
- in the case of goods, any one or more of the following:
BREACH AND TERMINATION
- If you breach any provision of these Terms, Open Captions Australia may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
COMMISSION AND FEES
- In certain cases, Open Captions Australia may have a relationship with a third party whose website is linked to this Website. They may pay us either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.
CHOICE OF LAW AND USE OF WEBSITE
- These Terms are to be governed by the laws of the State of Victoria, Australia. By accessing or otherwise using this Website, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Open Captions Australia has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available to people in Australia who can form legally binding contracts under applicable law.