TERMS AND CONDITIONS FOR ACCESSING COMMERCIALS ADVICE PTY LIMITED ONLINE SYSTEM
1. INTRODUCTION
1.1 Your access to CAD’s Online System assumes that you have read and accepted these terms and conditions which govern your use of the System. If you do not agree to these terms and conditions, you must stop using this
website and the System.
1.2 Your use of the System binds the company you work for and the advertiser
or promoter. You warrant that you are authorised to agree these terms and
conditions and use the System on their behalf.
2. YOUR RESPONSIBILITIES
2.1 To use the System you must register. When you register, you will be
required to select a password. You must maintain the confidentiality of
your password at all times
2.2 You must notify CAD immediately of any misuse or unauthorised use of your
password.
2.3 You are responsible for all transactions effected by the use of the
System with your password, whether or not such use was authorised, and you will
bear all charges, losses or damages arising from any use of your password.
2.4 You must not use the System for any unlawful purpose or in any manner
inconsistent with these terms and conditions. You must also comply with
all security and access requirements which we notify you of from time to time in
relation to the System.
3. INTELLECTUAL PROPERTY IN THE SYSTEM
3.1 So long as you comply with these terms and conditions, CAD grants to you
a non-exclusive, non-transferable, revocable licence to access and use the
System for the sole purpose of submitting commercials for classification in
accordance with these terms and conditions and any other directions or
guidelines provided by CAD from time to time.
3.2 All of the content of the System are protected by copyright, trademark
and other forms of intellectual property rights and these rights are owned by,
licensed to or controlled by CAD.
3.3 Except to the extent that you are expressly permitted to do so by these
terms and conditions or by non-excludable laws, or where it is necessary for
viewing the content of the System on a web browser, you may not reproduce,
distribute, adapt, modify, republish, display, broadcast, store, transmit or
create derivative works from, any part or parts of the System in any manner or
by any means without prior written permission from CAD.
3.4 The System may contain links to non-CAD websites (Linked Websites).
Unless otherwise stated on the System, CAD has no relationship with the owners
of the Linked Websites, has no control over or rights in the Linked Websites,
makes no representations about the Linked Websites and, to the extent permitted
by law, accepts no responsibility or liability for the content on, or operation
of, those websites.
4. SUSPENSION OR WITHDRAWAL OF SYSTEM
4.1 From time to time, it may be necessary for CAD to block access to and/or
suspend the operation of the System either temporarily or permanently (for
example for maintenance). CAD will try to notify you of the System's
unavailability by posting a message on this website, but is not contractually
required to do so. CAD is not responsible or liable in any way for any
damage or loss resulting from the unavailability of the System.
4.2 In addition to CAD's other rights, it may immediately suspend or cancel
your access to the System where CAD believes that you have breached any of the
terms and conditions.
5. PRIVACY
5.1 By using the System, you understand and agree that CAD may use and
disclose the personal information provided by you on the terms and for the
purposes set out in CAD's privacy statement available at
www.freetv.com.au/Content_Common/pg-Privacy-Policy.seo, or otherwise available
at www.freetv.com.au.
6. DISCLAIMERS
6.1 Except for any rights you may have under the Trade Practices Act 1974
(Cth) or other legislation which cannot be excluded or limited or as expressly
provided otherwise in these terms and conditions, all representations,
warranties and other terms (whether express, implied, statutory or otherwise)
arising out of or in relation to the System or these terms and conditions, are
expressly excluded.
6.2 You acknowledge that if you disable the receipt of cookies on your web
browser, the System may not function as intended.
7. EXCLUSION OF LIABILITY
7.1 To the extent permitted by applicable law, CAD is not liable to you or
any other person for:
(a) any damages, loss or expense arising from or in connection with:
(i) any loss of or any inability to retrieve any data or information however
caused and including non-deliveries, misuses, misdeliveries as a result of any
interruption, suspension or termination of access to the System;
(ii) any failure, malfunction, defect, error, omission or interruption in (or
any delay in transmission to) the System or any IT system, server or connection
used by you to access the System;
(iii) any computer virus or other harmful code; or
(iv) any inaccuracy in the information or resources that you provide in using
the System; or
(b) any loss of profits or business opportunity, any liability in respect of
third parties or any special, indirect or consequential loss or damage, which may be suffered or incurred in connection with the
System.
7.2 To the extent permitted by law, the liability of CAD in respect of the
System or under these terms and conditions is limited to the supplying of the
services again or the payment of the cost of having the services supplied again.
7.3 CAD will not be liable to you for any failure or delay by CAD to provide
access to the System or any of its obligations under these terms and conditions
where such failure or delay is the direct or indirect result of any
circumstances beyond CAD's reasonable control (and CAD's obligations will be
suspended for the duration of such circumstances).
8. GENERAL
8.1 Clauses 5, 6 and 7 will survive cancellation by CAD of your rights to
access and use the System.
8.2 CAD may change
the contents of these terms and conditions at any time by notifying you or by
publishing the varied terms and conditions on this website or the System and you
acknowledge that this is sufficient notice of the variation. The changes will
take effect on the date specified in the notice. If you continue to use
the System after the specified date, you will be considered to have accepted the
changes.