Welcome to the Page Create website available at: www.pagecreate.com.au (Site). The Site is owned and operated by Page Create Pty Ltd (ACN 620 700 021) (Page Create).
- attempt to copy, modify, duplicate, create derivative works from, frame, link, mirror, republish, download, display, transmit, or distribute all or any portion of the Site or the underlying computer program or programming, in source or object code format, in any form or media or by any means;
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or Site;
- access all or any part of the Site or the Software to build a product or service which competes with the Site.
4 Documents or Content
Page Create does not provide legal services. Page Create is not a law firm and use of the Site or the Documents does not create a solicitor-client relationship between you and Page Create.
Page Create, the Site and the Documents are not designed or intended to constitute legal advice or to be a substitute for advice from a qualified legal professional in the relevant jurisdiction with the necessary expertise.
The Documents contained on or generated by the Site may not be appropriate or relevant to your specific circumstances or compliant with your local jurisdiction. We recommend you obtain legal advice from a qualified legal professional in the relevant jurisdiction with the necessary expertise before using a Document.
5 Your Responsibilities
- You are responsible for ensuring that you have the necessary hardware, software and network services necessary to access and use of the Site.
- You will comply with all laws applicable to you and your use of the Site or the Documents.
- You agree not to:
- use the Site for unlawful purposes;
- post anything on the Site which is illegal, inappropriate, profane, obscene, discriminatory or defamatory; and
- use the Site or the Documents to disparage or adversely impact the reputation of Page Create, its Related Entities, Associated Entities, officers, employees, agents, sub-contractors or licensors.
- You will implement and maintain safeguards and security measures consistent with Industry Best Practice in relation to the physical and electronic access to your hardware, software and network used to access the Site.
- You must use Industry Best Practice to prevent the introduction or dissemination of Harmful Code in Page Create Systems or prevent a Security Breach.
- To the extent you become aware of any Harmful Code or Security Breach that may affect the Site or Page Create Systems you must:
- immediately notify Page Create and provide confirmation of all information that you have obtained concerning the Harmful Code or Security Breach; and
- assist Page Create with any remedial action required to eliminate the Harmful Code and prevent its effects or to prevent the Security Breach or mitigate its effects.
- You agree to indemnify and keep indemnified Page Create, its officers, Associated Entities, agents, employees, sub-contractors, licensors and Related Entities (Indemnified) against all Loss suffered or incurred by the Indemnified in connection with the introduction of Harmful Code or a Security Breach caused by you.
7 Intellectual Property
8 Site Exclusions
- Page Create will use reasonable endeavours to provide access to the Site at all reasonable times. Except as required by law, Page Create makes no warranty that the use or operation of the Site or Software or any aspect of the Site or Software, will be uninterrupted or error-free or that any defects or errors will be corrected, or that the Site is suitable for any particular purpose or has any performance, functionality or security features.
- To the extent permitted by law, Page Create excludes all warranties in relation to the Site and Software including all terms implied by statute, general law or custom and disclaims all liability arising out of or consequent on any:
- computer virus, communications failure, internet access difficulties or malfunction in equipment or software affecting the Site or your access to the Site or any Documents or other content available on it;
- delay in the operation of the Site or any of the information available through the Site;
- disruption, unavailability or termination of access to the Site or any Documents or other content available on the Site.
- Page Create will not be liable for any loss or damage caused by any Harmful Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or the Documents.
9 Limitation of Liability and Indemnity
9.1 Limitation of Liability
To the maximum extent permitted by law and subject to clause 9.2:
- the Site and Documents are provided on an “AS IS” and “AS AVAILABLE” basis and you access and use the Site and the Documents at your own risk;
- the Site and Documents are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement of Intellectual Property Rights;
- Page Create and its Related Entities, officers, agents, employees, subcontractors and licensors are not liable or responsible to you or any other person for any Loss incurred under or in connection with your access to and use of (or inability to access or use) the Site or the Documents, including:
- the Site not functioning or being unavailable;
- any errors or defects on the Site or in the Documents;
- the Site or Documents being unavailable (in whole or in part);
- any information or content contained in any Document or on the Site being inaccurate, incomplete or out-of-date; and
- any exposure to Harmful Code or other forms of interference which may damage your computer system or expose you to fraud or security breach when you access or use the Site or Documents.
This exclusion applies regardless of whether the liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
9.2 Warranties that cannot be excluded
- in the case of goods, the payment of the cost of replacing the goods or acquiring equivalent goods; or
- in the case of services, the payment of the cost of having the services supplied again or at the election of Page Create, the provision of the services again.
9.3 Liability Cap
9.4 Consequential Losses
Page Create’s liability at law or otherwise is reduced to the extent to which any Loss is directly or indirectly attributable to or caused or contributed to by any act or omission of you.
You indemnify Page Create, its Related Entities, officers, agents, employees, subcontractors and licensors against all Loss they suffer or incur as a direct or indirect result of:
- your use of any Document, including any transaction you enter into using a Document; and
- in the case of legal service providers, any Document provided by you to your client, or advice provided by you to your client which is based on, or related to, a Document.
To use and access the Site you may need to provide Page Create with Personal Information (as defined in the Privacy Act 1988 (Cth)).
Subject to this clause 10 we will keep Confidential Information you provide in using the Site confidential and will use reasonable endeavours to protect the Confidential Information from unauthorised disclosure. We will only use the Confidential Information you provide for the purposes of providing the Documents to you and not for any other purpose. The obligations in this clause 10 do not apply to any information that:
- comes to the knowledge of a party other than through a breach of this clause 10 or other than through a breach of confidentiality by any other person.
11 Suspension or Termination
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with the Site.
If applicable law requires us to provide notice of termination, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
12.1 No waiver
12.3 Entire agreement
12.4 Our Relationship
12.5 Governing law
13 Contact Us
Associated Entities has the meaning given to that term in the Corporations Act 2001 (Cth).
Documents means any document generated by using functionality on the Site or available on the Site from time to time.
Harmful Code means any computer program, trojan, virus or other trapdoor, easter egg or code which is not intended to serve a legitimate purpose and which is harmful, destructive or disabling or which assists in or enables theft, alteration, denial of service, unauthorised access to or disclosure, destruction or corruption of information, data or software.
Industry Best Practice means the use of up-to-date and advanced techniques and methodologies having regard to any prevailing information technology standards and processes, techniques and methodologies used by other individuals, companies or organisations substantially similar to you.
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at civil, common law or in equity and wherever existing, including:
- patents, designs, copyright, rights in circuit layouts, database rights, trade marks, know how, brand names, domain names, inventions, product names, trade secrets and any other rights subsisting in the results of the intellectual effort in any field, whether or not registered or capable of registration;
- any application or right to apply for registration of any of the rights in paragraph (a);
- any registration of any of those rights or any registration of any application referred to in paragraph (b); and
- all renewals and extensions of these rights.
Loss means a loss, damage, liability, charge, expense, cost, fine, penalty, outgoing (including all legal and other professional costs on a full indemnity basis) of any nature or kind, howsoever arising, whether present, unascertained, immediate, future or contingent.
Page Create Systems means:
- any applications, software, services, network connections or communications used by Page Create; and
- hardware, equipment, components, routers, instruments or accessories owned or used by Page Create.
Related Entity has the meaning given to that term in the Corporations Act 2001 (Cth).
Security Breach means any loss or corruption of data available on or via the Page Create Systems or any unauthorised access to or use of the Page Create Systems.
Software means any computer program or programming in source or object code format (including shrink-wrap software, collaborative applications, microcode, shareware and firmware interfaces, data files, set-up files and procedures) which is owned or licensed by Page Create to provide the Site or Documents.
Last updated on 16 August 2017