INTRODUCTION
The Terms of Use will govern your use of this website, including all pages within this website (EggBoat Website). The Terms of Use of the EggBoat Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the EggBoat Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the EggBoat Website.
By using the EggBoat Website, you acknowledge and agree to all the Terms of Use. You must not use the EggBoat Website, if you do not agree, or have any objection, to any of the Terms of Use.
WEBSITE ACCESS
EggBoat does not guarantee that access to the EggBoat Website will be uninterrupted or that the EggBoat Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the EggBoat Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.
Certain areas of the EggBoat Website may be restricted from access by you and EggBoat may further restrict your access to any areas of the EggBoat Website, at any time, in its sole and absolute discretion.
LIMITATION OF LIABILITY
The EggBoat Website is provided “as is,” and EggBoat makes no express or implied representations or warranties, of any kind related to the EggBoat Website or its content. EggBoat does not warrant the accuracy, reliability, adequacy or completeness of any of the EggBoat Website content. You acknowledge and accept that the EggBoat Website content may include faults, inaccuracies and errors.
Nothing contained on the EggBoat Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the EggBoat Website you wish to rely upon.
To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), EggBoat excludes all liability for, and neither EggBoat nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:
your use of, or reliance on, the EggBoat Website or its content; or
the performance or failure of the EggBoat Website.
You hereby indemnify EggBoat from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the EggBoat Website, its content or breach of any of the provisions of the Terms of Use.
Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then EggBoat’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:
in the case of goods:
replacement of the goods or the supply of equivalent goods;
repair of the goods or payment of the cost of having the goods repaired; or
payment of the cost of replacing the goods or acquiring equivalent goods; and
in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
INTELLECTUAL PROPERTY
The content on the EggBoat Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of EggBoat or have been made available for use by EggBoat and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:
copy, reproduce, perform, adapt, modify or translate the Content; or
retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,
without the express prior written consent of EggBoat. Alternatively, you should direct the third party to the EggBoat Website and the relevant Content on the EggBoat Website.
EggBoat does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the EggBoat Website except as granted in these Terms of Use or as expressly granted by EggBoat in writing.
SUBMISSIONS
Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the EggBoat Website (Your Content) will be deemed to be non-confidential and non-proprietary. EggBoat will be entitled to use any of Your Content for any purpose without compensation to you.
Your Content must be your own and must not infringe any third party’s rights. You grant EggBoat a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the EggBoat Website.
THIRD PARTY WEBSITES
The EggBoat Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, EggBoat does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. EggBoat does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.
LINKS TO EggBoat WEBSITE
If you wish to establish a link to this website, you must first seek approval from EggBoat. You must not establish a link to the EggBoat website without EggBoat’s express written approval.
If EggBoat agrees to your proposed link, you must comply with any terms and conditions imposed by EggBoat as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact EggBoat and provide a new description of your website and seek EggBoat’s written approval to retain the link to the EggBoat Website.
EggBoat may at any time withdraw its approval to your link by notifying you in writing. If EggBoat notifies you that its approval has been withdrawn you must immediately remove the link to the EggBoat Website.
INTERFERENCE WITH WEBSITE
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the EggBoat Website or any of its Content or Brands.
You must not:
use the EggBoat Website in any way that is, or may be, damaging to the EggBoat Website or to EggBoat or in a way that causes, or may cause, harm to EggBoat, the EggBoat Website or to any person or entity;
use the EggBoat Website in any way that impacts with user access to the EggBoat Website;
use the EggBoat Website contrary to applicable laws or regulations;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the EggBoat Website or its Content or while using the EggBoat Website or its Content; or
use the EggBoat Website to engage in any advertising or marketing.
JURISDICTION
These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.
VARIATION OF TERMS
EggBoat is permitted to revise these Terms of Use at any time as it sees fit, and by using the EggBoat Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the EggBoat Website.
ASSIGNMENT
EggBoat may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.