1.1 Please read these Terms and Conditions carefully before using this website.
1.2 This website is owned and operated by Recommendation Ventures Pty Ltd ACN 121 562 794 (Scouta) solely for the purpose of providing recommendations and providing information to users about Scouta.
2.1 By allowing you to access the website, Scouta grants to you a licence to use the website on the terms contained in these Terms and Conditions. Your use of, or access to this website is conditional upon your acceptance and compliance with the Terms and Conditions. By continuing to use, or access this website, you agree to be bound by the Terms and Conditions. Do not use this website if you do not agree to these Terms and Conditions.
2.2 Without implying any licence to do so, if you pass on any information contained in this website to a third party, you agree to draw the attention of that third party to the Terms and Conditions.
2.3 You may not assign or transfer your rights or benefits under these Terms and Conditions to any other person or entity without the prior written consent of Scouta.
2.4 Since you are bound by these Terms and Conditions, you should periodically refer to them.
3.1 This licence commences upon your accessing the website and is granted until terminated, suspended or limited by Scouta.
3.2 In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you by the Terms and Conditions will survive termination. Termination under this clause will not affect any rights or remedies that Scouta may otherwise have under these Terms and Conditions or at law.
4.1 These Terms and Conditions are in no way limited or altered by any other terms or conditions on this website or any other agreement you may have with Scouta for products, services or otherwise.
4.2 The following exclusions and limitations apply only to the extent permitted by law. Scouta excludes all other conditions and warranties implied by custom, law or statute.
4.3 If any provision of this agreement is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted in this document are reserved.
5.1 The content of this website and Terms and Conditions are current at the date of publication but may be subject to change. You should be aware that content current to a particular time or date as placed on the website does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, so that the information does not reflect the state of affairs at any subsequent time. In some instances and for various reasons, substantial delays may occur before particular information on this website is updated.
6.1 Scouta may at any time vary revise, add, amend, modify, or delete any part of these Terms and Conditions or the content by publishing the variations on the website without prior notice. You accept that by doing this, Scouta has provided you with sufficient notice of the variation. Your continued use of this website after the changes constitutes your acceptance of the variations.
6.2 Scouta will make reasonable efforts to bring any changes to the attention of its users, but it is your responsibility to check this page to familiarise yourself with any updates each time you visit the website.
7.1 This website has been compiled in good faith and with all reasonable care. The content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which Scouta apologises. In particular, you should be aware that all content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.
7.2 Visitors using the information from the website do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made in this website which has not been stated expressly in these Terms and Conditions. Scouta strongly advises you to seek independent professional advice before acting on any content from this website.
8.1 This information is published for
information only, without assuming a duty of care. You acknowledge
that you have not relied on any representation made by Scouta which
has not been stated expressly in these Terms and Conditions. Scouta
does not give any express or implied representation or warranty as
to:
(1)reliability;
(2)completeness;
(3)suitability;
(4)availability;
(5)accuracy;
(6)correctness;
(7)currency;
(8)timeliness;
(9)merchantability;
(10)quality;
(11)security;
(12)accessibility;
(13)fitness for any particular
purpose;
(14)content;
(15)security of your computer in
accessing this website;
(16)lack of computer viruses or
other harmful components;
(17)uptime;
(18)title;
(19)integrity of data; and
(20)correction of defects.
8.2 Unless expressly stated
otherwise, general information about Scouta’s products and
services:
(1)does not constitute an offer or
inducement to enter into a legally binding contract; and
(2)does not form part of the terms
and conditions for products and services.
8.3 Scouta does not warrant that access to this website will be uninterrupted, the services offered on the website will be error-free or that this website and its servers are free of computer viruses and other harmful data, code, components or other material. Scouta recommends that prior to using any downloaded file, you carry out an appropriate virus check. Scouta reserves the right to change or discontinue any feature on this website, hours of availability and equipment or software required for access.
9.1 You indemnify Scouta to the
maximum extent permitted by law, from and against all loss arising
out of or in any way connected to the use of this website to you or
anyone else however occurring in the collecting, recording,
processing, storing or dissemination of this information. The cause
of the loss includes but is not limited to:
(1)use or inability to use this
website;
(2)access or inability to access
this website;
(3)reliance on any content;
(4)the transmission of any computer
virus;
(5)Scouta’s negligence;
(6)a breach of your computer's
security;
(7)any breach of the Terms and
Conditions;
(8)any unauthorised access to,
modification or alteration of content;
(9)any material or data sent or
received or not sent or received;
(10)any transactions entered into
through this website;
(11)any infringement of another's
rights, including intellectual property rights;
(12)any threatening, defamatory,
obscene, offensive, harmful, inappropriate, illegal content or
conduct of any party;
(13)any content sent by any third
party using and/or included in this website;
(14)any service available from this
website; and
(15)delays, interruptions,
inaccuracies, errors, omissions or cessation of services.
9.2 Any liability incurred by Scouta
in relation to the use of this website or the content is limited as
provided under the Trade Practices Act 1974. Liability
which cannot be excluded, is limited to the extent possible, at
Scouta’s option, to:
(1)the supply of the goods or
services again;
(2)the repair of the goods; or
(3)the payment of the cost of having
the goods or services supplied again or repaired.
10.1 Content displayed on this website and links on or from this website may lead to or be sourced from third party sites. Links to third party sites are provided for convenience only and should not be construed as an endorsement or recommendation by Scouta of any content referred to by the site owner. Such sites may be suitable only for mature audiences. Children under 18 must have adult supervision when accessing such sites. Scouta accepts no responsibility for any exposure of children to inappropriate material. Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on third party sites.
10.2 Scouta does not authorise the reproduction of third party content by linking this website to third party content.
10.3 Scouta makes no representation
or warranty regarding third party sites or any hyperlink contained in
linked third party sites:
(1)relating to third party content;
(2)that Scouta does not make for its
own website; or
(3)that third
party content does not infringe the
intellectual property rights of any person.
10.4 Accordingly Scouta accepts no liability for loss of any kind arising from third party content or use of links. Third party sites contain their own terms of use which you should read carefully. You link to third party sites entirely at your own risk.
10.5 You may link to the website for non-commercial purposes. If you are interested in linking to the website for commercial purposes, or becoming otherwise affiliated with Scouta, please contact Scouta.
10.6 You agree not to carry on any activity in relation to the website which might involve Scouta in liability. If you do engage in any such activity, you agree to grant Scouta an unlimited indemnity with respect to your conduct. You expressly acknowledge and agree that Scouta does not exert control over users of the website (including individuals referred to on the website as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
11.1 If you breach any of these Terms and Conditions and Scouta has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of Scouta's legal rights. Any waiver of legal rights granted under these Terms and Conditions will only be effective if it is in writing and signed by Scouta.
12.1 Scouta welcomes any feedback you may have regarding the website or these Terms and Conditions. If you have any questions, or queries, suggestions, problems, or if you become aware of any use of the website that you think does not comply with these Terms and Conditions please send an e mail to feedback@scouta.com. When you send Scouta any feedback, suggestions, ideas or other materials in relation to or via this website, you agree that Scouta can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to Scouta’s obligations in its Privacy Policy.
13.1 You acknowledge that the content in this website is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.
14.1 Copyright in the information contained in this website subsists under the Copyright Act 1968 and, through international treaties, the laws of many other countries. Unless expressly provided otherwise, all content is owned or licensed by Scouta. Your access to or use of this website does not constitute or create a licence or any other right to use Scouta’s name, trade dress, trade marks, copyrights or any other intellectual property.
15.1 Other than as expressly
permitted by law or these Terms and Conditions, no part of the
content may, without the specific prior written consent of Scouta or
its subsidiaries, be directly or indirectly:
(1)used, copied, reproduced,
translated, reused, transmitted, retransmitted, adapted, varied,
removed, altered, modified, stored, published, republished,
broadcasted, linked, distributed, framed, posted, uploaded,
rewritten, broadcasted, stored;
(2)performed in public;
(3)incorporated into any other
website;
(4)used for any commercial purpose;
(5)stored in a retrieval system, by
any means, including but not limited to graphic, electronic or
mechanical, including photocopying, recording, taping or by storage
in an information retrieval system;
(6)used in any manner or for any
purpose which is unlawful;
(7)used in any manner which violates
any right of Scouta or an Affiliate;
(8)used in any manner which is
prohibited by the Terms and Conditions; or
(9)affected with a virus or other
harmful component in any form or by any means in whole or in part by
any process.
16.1 You
must:
(1)ensure that all copies of
material from the website retain any copyright or other intellectual
property notices contained in the original material; and
(2)ensure your employees,
subcontractors and other agents (if any) who have authorised access
to the website are made aware of the Terms and Conditions.
17.1 Provided that the ownership of
the content by Scouta is acknowledged and strictly on the condition
that you keep all content intact and in the same form as presented,
(including without limitation all copyright, trademark and other
proprietary notices and all advertisements), you may:
(1)using an industry-standard web
browser, download and view the content for your personal,
non-commercial use;
(2)if you are an Internet service
and/or access provider, supply the content to your subscriber;
(3)access and display these pages on
a computer or a monitor;
(4)hold a temporary copy in the
computer's cache;
(5)make a single permanent copy for
your personal non commercial reference;
18.1 Some of the copyright in the content, is included on the website under a licence from third parties, such as processes used in constructing or accessing this website. Any permission to use, copy or reproduce that content (other than in the course of viewing this website) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.
19.1 All names, logos and trademarks (both registered and unregistered) are the property of Scouta or the third parties who have contributed to this website. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval. Nothing contained on this website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the website without the express written permission of Scouta, the relevant affiliate, or contributor.
19.2 Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant Scouta website, but that use requires the express written authorisation of Scouta or the relevant Affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
20.1 Unless expressly stated to the contrary, all matters relating to this website are governed by and are to be construed according to the laws applicable in the State of Western Australia and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia and Australia. Scouta has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Scouta considers (in its discretion) that the action is necessary or desirable.