We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on this site. Your subsequent or continued use of our site 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 May 27 2020.
While we use reasonable endeavours to ensure that this site is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to Executive America.com site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) in our network at any time.
Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the Site at any time without providing notice to you.
To access or use certain parts of the site, you must register as a member, registration is free.
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.
You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the site, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
You must not:
(a) use the site or our network in breach of any applicable laws or regulations;
(b) use the site or our network:
(c) use the site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
(d) interfere with, disrupt, or create an undue burden on our site or to our business;
(e) 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 site and our network;
(f) use the site with the assistance of any automated scripting tool or software;
(g) frame or mirror any part of the site or our network without our prior written authorisation;
(h) use code or other devices containing any reference to the Site to direct other persons to any other web page;
(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or
(j) delete any attributions or legal or proprietary notices on the Site.
By uploading, transmitting, posting or otherwise making available any Material via the Site, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of the Site a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Site simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
If you think that the Site has been accessed or used by another user in breach of the Conditions, please contact us. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to: email@example.com.
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Site.
The Site contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Site for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on the Site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on the Site should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Site without the express written consent of the relevant owner.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on the Site. Such websites do not form part of the Site 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 Site entirely at your own risk.
You must not link to the Site from any other website (or otherwise authorise any other person to link from a third party website to the Site) without our prior written consent.
The Site may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on the Site, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
We may allow you to share or embed some of our content on third party sites. Such content may not be used for commercial purposes except with our prior written consent. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and we reserve all rights in relation to the content. Users must display contact information on their website sufficient to allow us to make contact and request removal.
You use the Site at your sole risk.
Except where expressly stated otherwise, Material on the Site is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the Site will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Site in any circumstance.
Limitation of liability
You use the Site at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not expressly set out in the Conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
(b) in the case of goods supplied or offered by us:
In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Site.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Site, including any breach by you of the Conditions.
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Site are stated exclusive of GST. Where GST applies to any supply made to you, we will add 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.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using the Site, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
In these terms and conditions:
“Site” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
“Material” means text, illustrations, photos, audio, video, any combination of these or other material.
“Us”, “we” or “our” means the Executive America (ABN 77 601 723 111) and/or its related bodies corporate.