Modifications last made: 21 August 2012
3. Seedbase: You confirm that any information you enter into the ‘Seedbase’ section of the Site (‘Seedbase’), including your name, contact details, logo and image/s (‘Your Details’), is true and accurate, and that you will update this information if it changes. If you enter Your Details into Seedbase, you acknowledge and agree:
(a) to grant to Optus:
(i) a perpetual, worldwide, royalty-free, irrevocable and non-exclusive licence to use, display or reproduce Your Details:
(A) within the Site;
(B) in Optus’ marketing materials relating to the Site;
(C) in Optus’ marketing materials relating to the Site;
(D) in the blog posts within the Site;
(E) in any of Optus’ social media sites;
(F) to generally promote the Site;
(ii) the right to allow other users of the Site to reproduce Your Details using their social media accounts;
(b) that Your Details must be voluntarily posted and must not be posted as a result of a reward or incentive from any other party. If you are offered a reward or incentive in return for posting Your Details, you should advise Optus immediately by emailing the details to firstname.lastname@example.org.
(c) that Your Details will not infringe any intellectual property rights or moral rights of any third party; Intellectual property rights means all rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not), brand name, service mark, trade name, and any other rights of a proprietary nature, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any such rights;
(d) that Your Details will not contain personal information of any individuals unless they have given you permission to do so;
(e) that the publication of Your Details is entirely at the discretion of Optus;
(f) that Optus may contact you after you enter Your Details to obtain further information or verify Your Details;
(h) that you will not hold Optus responsible for any information or other user’s details posted on the Site; and
(i) that you are aged 18 or over.
4. Notifications: If you have provided Optus with Your Details, Optus may communicate with you about the operation of the Site and your use of it via email from time to time. Optus may also send you a weekly email which may include (but is not limited to) information about new and upcoming services available using the Site and changes or updates to be made to the Site. You consent to Optus sending you such communications
8. Information: The type of Content contained on this Site may change from time to time. Optus makes every effort to keep the Content up to date and accurate; however there may be delays, errors or omissions. Optus does not represent or warrant the suitability, completeness, accuracy or currency of any Content on this Site or that your use or access to it will be uninterrupted, timely, secure or error-free.
10. Take down process: if you have any concerns or complaints about any Content, you should contact Optus at email@example.com and provide all relevant details in relation to your concern or complaint
13. Disclaimer and limitation of liability
(a) The Australian Consumer Law and other statutes in force from time to time in Australia may confer rights and remedies on you in relation to the provision by Optus of goods or services which cannot be lawfully excluded, restricted or modified (“Non-excludable Rights“). Optus does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute to the fullest extent permitted by law.
(b) Except as provided for by the Non-excludable Rights and to the fullest extent permitted by law: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) Optus and its licensors and suppliers expressly disclaim all warranties of any kind, c) Optus does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and, e) you (and not Optus) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
(c) Under no circumstances (including but not limited to any act or omission on the part of Optus) will Optus, its Related Bodies Corporate, Singtel Group Members or other partners, affiliates or contributors to the Optus Innov8 Seed Program be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that Optus does not exert control over users of the Site and is not liable either for any information entered into Seedbase (including any defamatory statements or offensive conduct).
(d) To the fullest extent permitted by law, Optus’ liability for breach of any Non-excludable Rights is limited at the option of Optus to the following:
(i) in the case of services supplied or offered by Optus: (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
(ii) in the case of goods supplied or offered by Optus: (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
14. Term and Termination: This Agreement commences when you first use or access the Site and continues until terminated by either party. Optus may terminate this Agreement in its discretion and cease providing the Site at any time.
15. Law: This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.
16. Contact info: Any questions, complaints or claims in relation to the Site should be directed to Optus using the following email addresses, depending on the nature of the issue:
(a) Editorial complaints, queries, general enquiries or feedback – firstname.lastname@example.org