Terms of Use | Optus-Innov8 Seed Program

Modifications last made: 21 August 2012

Please read these Terms of Use carefully before using this website. If you do not agree to these Terms of Use, then please do not use this website.

1. Terms of Use: The Terms of Use include the terms set out in this document, the Optus-Innov8 Seed Program Site Privacy Policy (‘Privacy Policy’), and any other terms displayed on the Optus Innov8 Seed Program website (“Site“), collectively called ‘Terms of Use’.

2. Access: Your use of and access to this Site constitutes your agreement to the Terms of Use and forms an agreement between you and Optus Administration Pty Limited A.B.N. 79 055 136 804 (‘Optus’) to comply with the Terms of Use (‘Agreement’). Your continuing use of and access to the Site is conditional upon your compliance with these Terms of Use. If you breach the Terms of Use, Optus may prevent you from accessing or using the Site

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;

(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 info@optusinnov8seed.com.au.

(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;

(g) that Optus may, in its absolute discretion, remove Your Details if they appear illegal or offensive or if your use of the Site does not comply with the Terms of Use or your use of the Site or Your Details have been the subject of complaint or for any other reason that Optus deems to be appropriate;

(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

5. Intellectual property: All information, content, photographs, text, material, trade marks, graphics, video and photographs on the Site, including its layout and user interface (‘Content’) is owned or licensed by Optus, unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trade mark laws. You must not modify, copy, reproduce, republish, communicate, adapt, reverse engineer, decompile, disassemble, frame, extract, sub-license, rent, sell, upload to a third party, post, transmit, distribute or create derivative works using this Content in any way except as expressly provided for in these Terms of Use or to the extent permitted by law. Nothing contained in the Site should be construed as granting any license or right of use of any Content displayed on the Site without the express written permission of Optus or the third-party owner.

6. Use: Optus grants you a limited, non-transferable, non-exclusive and revocable right to use the Site for information purposes only and subject to these Terms of Use. Any upgrade or new release of the Site is also subject to these Terms of Use. You must not use the Site in any manner which is prohibited by the Terms of Use or for any purpose which is unlawful or in a manner which violates any right of Optus, its affiliates or any third party.

7. Changes to Terms of Use: Optus may in its discretion amend the Terms of Use from time to time, and add, change or remove Content, features and functionality within the Site. Your continued use of the Site following any such change indicates your acceptance of the amendment. The Terms of Use will show the last date that variations to the Terms of Use were made, so you should check this when using the Site. If you do not agree to the variations, you should stop using the Site.

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.

9. Third parties: Some Content on the Site is supplied by third parties. You agree not to hold Optus responsible for any third party Content on the Site. The terms of use of the relevant third party may also apply to your use of the Site, as applicable. The Site may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under the control of Optus and Optus is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Optus provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Optus or its affiliates. If you click on a link to any such website, this is entirely at your own risk and you agree not to hold Optus responsible for the content of any third party website.

10. Take down process: if you have any concerns or complaints about any Content, you should contact Optus at info@optusinnov8seed.com.au and provide all relevant details in relation to your concern or complaint

11. Privacy: Optus will handle any personal information in accordance with the Privacy Policy. You acknowledge and agree that you have read the Privacy Policy and consent to your personal information being collected, used and disclosed by Optus in the manner stated in the Privacy Policy.

12. Indemnity: You indemnify and hold Optus harmless for any claims, costs, losses, damages and expenses arising from, or related to, any unlawful conduct by you on the Site and/or any breach by you of the Terms of Use.

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 – info@optusinnov8seed.com.au

(b) Privacy – please refer to the Privacy Policy