Disclaimer

General Website Terms of Use

Definitions

“FORSITE PARTNERS”
RDC Professional Services Pty Limited (15 613 005 333)

“Advertisers”
any person or organisation placing an advertisement on any of FORSITE PARTNERS’ e-Services

“Users”
all users of FORSITE PARTNERS e-Services sites, including FORSITE PARTNERS: advertisers and unregistered visitors to any of FORSITE PARTNERS e-services sites.

“FORSITE PARTNERS e-Services”
any FORSITE PARTNERS-owned or operated or maintained web service, including forsitepartners.com.au

Your access to and use of FORSITE PARTNERS e-Services is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on FORSITE PARTNERS e-Services sites. Your access to FORSITE PARTNERS e-Services constitutes your agreement to be bound by these terms and conditions.

1. COPYRIGHT AND TRADEMARKS

a. All intellectual property rights (including future copyright) in the information and other material appearing on FORSITE PARTNERS e-services vests in and is the exclusive property of FORSITE PARTNERS and its authorised suppliers. If FORSITE PARTNERS permits you to advertise or post on its e-services you grant FORSITE PARTNERS an irrevocable, permanent and royalty-free licence to use any advertisement that has been submitted by you for placement on FORSITE PARTNERS e-Services or any other medium owned by FORSITE PARTNERS. You may not and must not allow or permit other parties on your behalf to copy advertisements, or to undertake site scraping or other similar activities unless you have obtained prior permission from FORSITE PARTNERS.

IF YOU WOULD LIKE TO COMPLAIN TO FORSITE PARTNERS ABOUT POTENTIAL INFRINGEMENTS OF COPYRIGHT ON FORSITE PARTNERS’ WEBSITE YOU CAN CONTACT Rachael Nelson hr@forsitepartners.com. YOU CAN ALSO CONTACT Rachael IF YOU WOULD LIKE PERMISSION TO USE MATERIALS FROM FORSITE PARTNERS WEBSITE. FORSITE PARTNERS RETAINS THE RIGHT TO REMOVE MATERIAL THAT WE CONSIDER MAY INFRINGE COPYRIGHT.

2. LEGAL JURISDICTION

a. FORSITE PARTNERS e-Services are controlled by FORSITE PARTNERS and by accessing them you accept that any disputes arising out of your use of FORSITE PARTNERS e-Services or its contents, as well as terms governing your use shall be governed by the courts having jurisdiction in the State of New South Wales in Australia in accordance with the laws in force in the State of New South Wales in Australia. FORSITE PARTNERS e-Services may be accessed throughout Australia and overseas. FORSITE PARTNERS makes no representation that the material available these services complies with the laws of any country outside Australia. If you access these services from outside Australia you are responsible for ensuring compliance with all applicable laws in the place where you are located.

4. ACCEPTABLE USE

a. forsitepartners.com.au
Certain sections of forsitepartners.com.au are restricted to FORSITE PARTNERS employees and contractors FORSITE PARTNERS reserves the right to designate pages as member-only.

5. LIABILITY

a. Accuracy of information
. All information on FORSITE PARTNERS e-Services is provided ‘as seen’ and FORSITE PARTNERS accepts no liability for loss or damage caused as a result of reliance on information posted on any FORSITE PARTNERS e-Service, whether that information has been posted by FORSITE PARTNERS or by an advertiser or user of FORSITE PARTNERS e-Services.

i. FORSITE PARTNERS accepts no liability for damages incurred as the result of inadequate, late or missing service from any advertiser on any FORSITE PARTNERS online service.

b. Indemnity
. Users will at all times indemnify and will continue to indemnify, hold harmless and defend FORSITE PARTNERS, its related bodies corporate and their respective personnel from and against all liabilities, costs, damages, expenses, claims, suits, allegations and demands, including, without limitation, all legal fees (incurred on a solicitor and own client basis), arising out of or in relation to:

i. (a) any infringement, or claim or allegation of infringement, of the intellectual property rights or any other proprietary rights of a third party; and
ii. (b) any fraud, deliberate or wilful misconduct or negligence or breach of these terms and conditions committed by users.

c. Availability of service
. FORSITE PARTNERS provides its e-Services on an ‘as and when available’ basis and makes no guarantee as to the availability or performance of the sites. Where a link appears to an external website maintained by a third party, FORSITE PARTNERS gives no endorsement as to the services operated by those websites.

d. Security
. FORSITE PARTNERS will take all reasonable steps to maintain the security of information provided by advertisers and Users of the site but will not accept responsibility for breaches of security or unauthorized access that arise as a result of disclosure by Users of their login details. Users remain responsible at all times for maintaining the confidentiality of their login details, username and password and FORSITE PARTNERS accepts no liability for the misuse of these details.

i. While FORSITE PARTNERS also takes reasonable steps to ensure FORSITE PARTNERS e-Services are virus free, Users acknowledge that they access FORSITE PARTNERS e-Services at their own risk and that FORSITE PARTNERS is not responsible for any damages caused as a result of accessing FORSITE PARTNERS e-Services. This includes, but is not limited to, any monetary or other loss that may result from loss or corruption of data, system downtime or hardware damage.

e. Links to other websites
. FORSITE PARTNERS e-Services may contain links or other references to other parties or websites. FORSITE PARTNERS cannot control the contents of those other sites, and makes no warranty about the accuracy, timeliness or subject matter of the material located on those sites. FORSITE PARTNERS does not necessarily approve of, endorse or sponsor any content or material on those sites.

i. FORSITE PARTNERS makes no warranties or representations that material on other websites to which FORSITE PARTNERS e-Services are linked does not infringe the intellectual property rights of any person anywhere in the world.
ii. FORSITE PARTNERS is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking to them from FORSITE PARTNERS e-Services.

6. RIGHT OF REFUSAL

a. In the event that you breach any of these conditions FORSITE PARTNERS reserves the right to refuse publication or to remove from the public domain any posting, advertisement or comment on any FORSITE PARTNERS e-Services at any time without prior notice, and where payment has already been made to withhold from any refund an amount equivalent to any costs incurred and/or service already supplied.

7. PAYMENT

a. Payment for services supplied by FORSITE PARTNERS must be made in accordance with the terms stated or in accordance with any separate agreement entered into.

8. SUSPENSION

a. FORSITE PARTNERS reserves the right to remove service, cancel user accounts and remove from FORSITE PARTNERS e-Services any posts in the event of any breach of these Terms of Use, non-payment for services, breach of policy or conduct which is likely to be detrimental to the good name or reputation of FORSITE PARTNERS and its employees.

9. GENERAL RULES

a. When using FORSITE PARTNERS e-Services, Users must:
. Ensure that the content they post on FORSITE PARTNERS e-Services is not obscene (including but not limited to any pornography), defamatory, threatening, harassing, discriminatory or hateful to any person or entity.

i. Ensure that the content they post on FORSITE PARTNERS e-Services is not confidential or commercially sensitive unless they own all rights to the content.
ii. Ensure that the content they post on FORSITE PARTNERS e-Services does not include another person’s personal information without that person’s express written consent.
iii. Ensure that the content they post on FORSITE PARTNERS e-Services does not breach applicable legislation including laws relating to copyright, privacy, financial disclosure, discrimination/equal opportunity and defamation.
iv. Be respectful of all individuals and communities with whom/which they interact on FORSITE PARTNERS e-Services.
v. Be polite and respectful of others’ opinions on FORSITE PARTNERS e-Services.