WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.appita.com (Website). The Website provides information about membership in Appita Inc, the leading not-for-profit industry association that supports the advancement of the pulp, paper packaging and bioproducts industries. Memberships, subscription access, publications, events and e-learning opportunities are on offer through the website (Services).
(b) The Website is operated by Appita Inc (ABN 45 093 520 019). Access to and use of the Website, or any of its associated Products or Services, is provided by Appita Inc. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Appita Inc reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Appita Inc updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Appita Inc in the user interface.
3. Membership or Subscription to access Services
(a) In order to access some of the Services, you must first purchase a membership or subscription through the Website (Membership or Subscription) and pay the applicable fee for the selected Membership or Subscription (Membership Fee or Subscription Fee).
(b) In purchasing the Membership or Subscription, you acknowledge and agree that it is your responsibility to ensure that the Membership or Subscription you elect to purchase is suitable for your use.
(c) Once you have purchased the Membership or Subscription, you will then be required to register for an account through the Website before you can access selected Services (Account).
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(e) You warrant that any information you give to Appita Inc in the course of completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered member or subscriber of the Website (Member or Subscriber) and agree to be bound by the Terms. As a Member or Subscriber you will be granted immediate access to the Services from the time you have completed the registration process until the membership or subscription period expires (Membership Period or Subscription Period).
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Appita Inc; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member or Subscriber
As a Member or Subscriber, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Appita Inc of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Appita Inc providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Appita Inc;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members and Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Appita Inc for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(a) Where the option is given to you, you may make payment of the Membership Fee or Subscription Fee by way of:
(i) Electronic funds transfer (EFT) into our nominated bank account
(ii) Credit Card Payment (Credit Card)
(iii) PayPal (PayPal)
(b) All payments made in the course of your use of the Services are made using a third party gateway provider. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the third party gateway provider’s terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Membership Fee or Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Membership Fee or Subscription Fee.
(d) You agree and acknowledge that Appita Inc can vary the Membership Fee or Subscription Fee at any time and that the varied Membership Fee or Subscription Fee will come into effect following the conclusion of the existing Membership Period or Subscription Period.
6. Refund Policy
Appita Inc will only provide you with a refund of the Membership Fee or Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Appita Inc makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Membership Fee that remains unused by the Member (Refund).
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Appita Inc are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Appita Inc or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Appita Inc, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member or Subscriber to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Appita Inc does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Appita Inc.
(c) Appita Inc retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of Appita Inc and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Appita Inc will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Appita Inc make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Appita Inc) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Appita Inc; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. E-learning solutions and other educational material
(a) By using our services, you agree that Appita Inc is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Appita Inc liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Appita Inc.
(b) All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Appita Inc takes no responsibility for your actions, choices or decisions.
11. Limitation of liability
(a) Appita Inc's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Appita Inc, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(a) Subject to local applicable laws, Appita Inc reserves the right to discontinue or cancel your Membership or Subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Appita Inc's name or reputation or violates the rights of those of another party.
You agree to indemnify Appita Inc , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
14. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Website or these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.