Terms and Conditions
This website and domain name are owned and operated by Pretium Solutions Pty Ltd ACN 606 499 629 (Pretium Solutions).
1. Intellectual Property
1.1 Pretium Solutions and the Pretium Solutions Logo are trade marks of Pretium Solutions (Trade Marks).All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Pretium Solutions. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of Pretium Solutions, or as permitted by law. All rights of Pretium Solutions are reserved.
1.2 Trade marks used on this website to describe third parties and their products are trade marks of those third parties.
2. Linking and Third Party Content
2.1 You must not link to, frame or mirror any part of the website without Pretium Solutions’ written authorisation.
2.2 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Pretium Solutions. Pretium Solutions does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites, the privacy policies or practices of Third Party Websites, or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
3. Your conduct
3.1 You must not:
(a) use the website in breach of any applicable laws or regulations;
(b) use the website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Pretium Solutions);
(c) use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) interfere with, disrupt, or create an undue burden on the website;
(e) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the intellectual property or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) includes an image or personal information of another person unless you have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content; or
(vi) contains financial, legal, medical or other professional advice.
3.2 Without limiting the above, you must not and must not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tools, robots, spiders or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
(b) use, obtain, or attempt to obtain from the website, information in order to identify or discover pricing, underwriting, rating and related business methodologies or systems; and
(c) do anything which damages or may damage, disrupt access to or interfere with the proper operation of the website.
If you believe that a user has breached any of the above conditions, please contact us.
3.3 Pretium Solutions reserves the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the website, you grant Pretium Solutions a non‑exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, communicate, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
3.4 Pretium Solutions is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than Pretium Solutions.Pretium Solutions does not endorse any opinion, advice or statement made by any person other than Pretium Solutions.
3.5 You agree to indemnify Pretium Solutions and each of its officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) against any third party claim, or resulting liability, loss or damages (including all legal and other costs on a full indemnity basis), suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
4.1 In this clause 4, 'Consumer Guarantees' means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
4.2 While we endeavour to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the content on this website. You acknowledge and agree that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up-to-date or accurate at the time you view you it.
4.3 By accessing this website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees that might apply, Pretium Solutions excludes:
(a) any term, condition or warranty that may otherwise be implied into these Terms and Conditions;
(b) any liability for loss or damage incurred as a result of or in connection with the negligence of Pretium Solutions; and
(c) any liability for special, indirect or consequential loss however caused (including negligence),
arising out of or in connection with the website content and the use or performance of the Pretium Solutions website.
4.4Subject to clause 4.5, our liability in respect of any breach of or failure to comply with any applicable Consumer Guarantee is limited to the following:
(a) In the case of goods, to:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) In the case of services, to:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
4.5 Our liability in respect of a breach of or a failure to comply with a Consumer Guarantee will not be limited in the way set out in clause 4.4 if:
(a) the goods or services supplied are goods or services 'of a kind ordinarily acquired for personal, domestic or household use or consumption', as that expression is used in section 64A of the Australian Consumer Law;
(b) it is not 'fair or reasonable' for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
(c) the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
These terms and conditions are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.
If you have any queries regarding these terms and conditions, please contact us on 02 8896 4337 or email us at firstname.lastname@example.org.