Terms and Condition of Use
This website (Website) is operated by Catholic
Resources Limited ACN 080 995 044 trading as Church Resources in conjunction
with other not for profit organisations (Church
Resources).
When using the
Website and its services you agree to these terms and conditions listed on this
web page (Terms and Conditions of Use).
Church Resources may from time to time amend,
update or change this Website including these Terms and Conditions of Use
without prior notice.
1. General
Disclaimer
1.1. Church
Resources is not liable to you or anyone else for any loss suffered in
connection with the use of this Website or a linked website.
1.2. This
general disclaimer is not restricted or modified by any of the following
specific warnings and disclaimers.
2. Site Access
2.1. This
Website is Church Resources' intellectual property and is subject to copyright.
2.2. Church
Resources grants you a limited, revocable and non-exclusive license for the
purpose of assessing its Website for the sole purpose of you browsing,
reviewing, or commenting on the content of the Website.
2.3. Other
than for the purpose of and subject to the conditions prescribed under the Copyright Law of Australia and similar
statues that apply in your location, you may not, in any form or by any means:
(a) adapt,
reproduce, broadcast, decompile, disassemble, download, copy, store,
distribute, transmit, print, display, perform, publish or create derivative
works from any part of this Website; or
(b) commercialise
any information, products or services obtained from any part of this Website, without Church Resources' written permission.
2.4. You
must not conduct, or participate in, the resale or commercial exploitation of
the Website and any of its contents for any purpose.
2.5. If you
breach these Terms and Conditions of Use then your license to use the Website
will terminate forthwith and will not be re-issued without Church Resources'
written consent.
3. Trade
Marks
3.1. The
trade mark "CathNews" and other names of Church Resources' products and
services referred to in this Website are trade marks of Church Resources.
3.2. Other
product and company names mentioned in this Website may be the trade marks of
other people or entities.
3.3. Where
you use any of Church Resources' trade marks, if permitted under these Terms
and Conditions of Use, to refer to its activities, products or services, you
must include a statement attributing that trade mark to Church Resources.
3.4. You
must not use any of Church Resources' trade marks:
(a) in or
as the whole or part of your own or other trade marks;
(b)
in
connection with activities, products or services other than those supplied by
(c) in a
manner which may be confusing, misleading or deceptive; and
(d) in a
manner that disparages Church Resources or its information, products or
services including this Website.
4. Hyperlinks,
Framing and Metatags
4.1. Church
Resources grants you a limited, revocable and non-exclusive right to create a
hyperlink to the homepage of the Website.
4.2. The
hyperlink you create must not portray the Website in a misleading, derogatory
or offensive manner.
4.3. In
creating the hyperlink, you must not use any image, logo or trademark on the
Website without Church Resources' express consent.
4.4. Where
the Website offers a hyperlink to another website (Linked Site), you acknowledge and agree that:
(a) Church
Resources has made no representation or warranties whatsoever regarding the Linked
Site or any of it content;
(b) Church
Resources has made no representations or warranties and accepts no
responsibility for the accuracy, completeness, content or use of the
information accessible via this Website or any Linked Site;
(c) Church
Resources is not responsible for any information or opinions published on any
Linked Site; and
(d) in no
event will Church Resources be liable to any party for any direct, indirect,
special or other consequential damages from any use of this Website, or on any
other linked Site, including without limitation, any loss of profits, business
interruption, loss of programs or other data on your information handling
system or otherwise, even if Church Resources is expressly advised of the
possibility of such damages.
4.5. By
accessing the Linked Site through a hyperlink on the Website, you warrant to Church
Resources that you have made your own enquiries and satisfied yourself
regarding the suitability, reliability, security and other relevant matters regarding
the Linked Site or its content and you release Church Resources and hold Church
Resources harmless against all damage or loss that you suffer as a result of
accessing the Linked Site.
4.6. Subject
to clause 4.1, you must not, without the written consent of Church
Resources:
(a)
frame
or use framing techniques to enclose any part of the Website;
(b) use any
metatags or similar tags that contain Church Resources' name or any of its
trademarks; or
(c) create
a hyperlink to the Website.
5. Articles
on the Website
5.1. Where
the Website, particularly articles within the Website, contains any
information, tables, photographs or any other material obtained from a third
party source, whether it is specified to have been obtained from the third
party or not (Third Party Information):
(a) Church
Resources makes no representation or warranties whatsoever regarding the
content of the Third Party Information;
(b) Church
Resources makes no representations or warranties and accepts no responsibility
for the accuracy, completeness, content or use of the information contained in
any Third Party Information; and
(c) in no
event will Church Resources be liable to any party for any direct, indirect,
special or other consequential damages from any use or reliance on any Third
Party Information contained on the Website.
5.2. Church
Resources is not liable to you or anyone else for any loss suffered in
connection with any Third Party Information posted.
5.3. If you
believe any Third Party Information to be inaccurate, incomplete or out of
date, defamatory, infringing intellectual property rights or generally
injurious to you or any party, you should contact Church Resources.
6. Your Postings
6.1.
You may
post reviews, comments and other comments on the Website or submit suggestions,
ideas, comments, questions or other information to Church Resources from time
to time, by email or other means (Posts).
6.2. The
content of your Posts must not be illegal, obscene, threatening, defamatory,
invasive of privacy, infringing intellectual property rights or otherwise
injurious to third parties and must not consist of or contain any computer
viruses, political campaign messages, commercial solicitation; chain letters,
mass mailings, or any form of SPAM.
6.3. When
submitting a Post, you must not use an email address that you do not own or
control, impersonate any other person or entity, or otherwise be misleading as
to the origin of the Post.
6.4. Where
you submit a Post, you expressly grant Church Resources a nonexclusive,
royalty-free, perpetual, irrevocable and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute and display such content throughout the world in any media.
6.5. You
represent and warrant to Church Resources that:
(a)
you
have the right to:
(i)
use and
publish the content of your Posts; and
(ii)
allow Church
Resources to use the content of your Posts pursuant to these Terms and
Conditions of Use;
(b)
the
content of your Posts is accurate and not defamatory, and does not infringe the
intellectual property rights of third parties; and
(c) the use
and publish of the content of Post by you will not breach any term of these Terms
and Conditions of Use.
6.6. You
will indemnify Church Resources and keep Church Resources indemnified against
all claims, damages, loss or injury as a result of you breaching any:
(a)
warranties
contemplated by clause 6.5; or
(b) other
of these Terms and Conditions of Use.
6.7. You
acknowledge and agree that:
(a) Church
Resources may edit or remove the content of any Posts, but is not obliged to do
so; and
(b) Church
Resources has no responsibility or liability to you for the content of any
Posts, whether posted by you or any other party.
7. Advertisement
and other third party postings
7.1. Church
Resources may from time to time allow third parties to post advertisement,
reviews, hyperlink or other information on the Website (Third Party Listings).
7.2.
You
acknowledge and agree that Church Resources is not obligated to monitor or
verify information on the Third Party Listings.
7.3.
Nothing
in theses Terms and Conditions of Use and nothing that Church Resources may say
and do can be construed as endorsing the content of (or part of) any Third
Party Listings.
7.4. Where
the content of any Third Party Listing is inaccurate, incomplete or out of date,
defamatory, infringing intellectual property rights or generally injurious to
you or any party, and you suffer a damage or loss as a result, then to the
extend permitted by law, you release and hold Church Resources harmless against
such damage or loss.
8. Exclusion
of Warranties
8.1. To the
extent permitted by applicable law, all representations, warranties and other
terms are excluded other than as required by law. You must ensure that your access to this
Website is not illegal or prohibited by laws which apply to you or in your
location.
8.2. Church
Resources is not liable to you or anyone else if interference with or damage to
your computer systems occurs in connection with use of this Website or a Linked
Site.
8.3. You
must take your own precautions to ensure that anything you view or download
from the Website is free of viruses or anything else (such as "worms" or
"Trojan horses") that may interfere with or damage the operations of your
computer systems.
9. Limitation
of Liability of Church Resources
9.1. Church
Resources will use reasonable endeavours to ensure that all information on the Website
is accurate and will correct any errors or omissions as soon as practicable
after being notified of them.
9.2.
To the
extent permitted by law, Church Resources disclaims all warranties and
representations (whether express or implied) as to the accuracy of any
information contained on the Website.
9.3.
You
acknowledge and agree that:
(a) any
liability Church Resources may have for any losses or claims arising from an
inability to access the Website, or from any use of the Website or reliance on
the data transmitted using the Website, is excluded to the fullest extent
permissible by law; and
(b)
in no
event will Church Resources be liable for any loss of profit, revenues,
goodwill, opportunity, business, anticipated savings or other indirect or
consequential loss of any kind in contract, tort (including negligence) or
otherwise arising out of use of the Website.
10. Indemnity
10.1. Without limiting the operation of any other
provisions of these Terms and Conditions of Use, you agree to indemnify Church
Resources and keep Church Resources indemnified, holding Church Resources
harmless from all claims, demand, damages or loss (including legal costs on a
full indemnity basis) incurred by Church Resources as a result of, or flows
naturally from, your breach of these Terms and Conditions of Use including
without limitation the breach of any warranties.
11. Applicable Law
11.1. These Terms and Conditions of Use are governed
by the laws of New South Wales, Australia and in any disputes between you and
Church Resources, you agree to submit to the exclusive jurisdiction of the
courts of News South Wales, Australia.
12. Severability
12.1. If any part of these Terms and Conditions of Use
is or becomes legally ineffective, invalid or unenforceable, the effectiveness,
validity or enforceability of the remainder will not be affected.