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Terms and Conditions
Please read this agreement carefully before accessing or using the information and services available through Network Canada and the Network Canada website (Site). By accessing or using the Site, you are expressly agreeing to be bound by the terms and conditions below. Network Canada may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. These terms and conditions must be accepted and complied with by all who use Network Canada's services and the Site.
Intellectual property (including copyright in the material and trademarks on this Site) other than those belonging to any person, organisation, company or group displaying, listing, sponsoring or advertising with Network Canada and/or on the Site (Advertiser or Advertisers) are owned by Network Canada unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Network Canada or any Advertiser.
Nothing contained on this Site (including granting you access to it) should be construed as granting any license or right to use any intellectual property displayed on the Site without the express written consent of Network Canada.
Use of Information on this Site
Information contained on this Site is for your personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser or Sponsor contact details for unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Security & Accuracy of Information
While Network Canada takes all reasonable efforts to ensure the protection, privacy and integrity of the information you provide, no data transmission over the Internet is totally secure and the possibility exists that this information could be unlawfully used or observed by a third party while in transit over the Internet or while stored on Network Canada's systems or on the Site. To the extent permitted by law, Network Canada disclaims all liability to you under the law should this occur.
Network Canada cannot give you any guarantee of the accuracy of any business or entity listing contained on this Site, including the availability of any special offer set out in any listing.
If you join Network Canada, Network Canada will collect your personal information for the purpose of providing services in connection with this Site to you (including to provide and market our services, to communicate with you and to manage and enhance our services). Network Canada may use this information to inform you about offers, promotions, events or things that Network Canada considers may be of interest to you and may provide this information to third parties for commercial or community purposes.
Network Canada collects Advertiser's personal information to provide services to Advertisers and potentially for invoicing and billing purposes. Network Canada may disclose this personal information to its related companies, credit reporting agencies and other third parties as part of the provision of advertising. If an Advertiser has an overdue account, Network Canada may disclose personal information to debt collection agencies to recover the amount due.
Links to other Websites
The Site contains links to other websites. Network Canada does not accept any liability for the reliability or accuracy of any content or material contained in or obtained through linked websites or for the privacy practices of those sites. Network Canada does not promote these sites or their content nor does it represent the material contained in these sites as its own. You need to exercise your own judgment in regard to material contained in such sites. Any website that does not wish us to link to them should contact us, advise us they wish the link removed and Network Canada will remove the link as soon as reasonably practicable.
This agreement is governed by the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
By submitting any content to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.
Network Canada has no obligation to post any content that you or anyone else submits. In addition, Network Canada may, in its sole and unfettered discretion, edit, remove or delete any content that you post or submit.
3. Third Party Information
In your use of the Site, you may access content from third parties ("Third Party Content"), either via our Site, newsletter or through links to third party sites. Network Canada does not control Third Party Content and makes no representations or warranties about it. You agree that by using our Site or other services, you may be exposed to Third Party Content that is potentially false or otherwise objectionable. Under no circumstances will Network Canada be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content.
Additionally, information provided on our Site's Visa page has been provided by, and remains the copyright of, a registered migration agent (MARN 0530918). Please visit the following link for information relating to the Immigration advice profession - Office of the Migration Agents Registration Authority Code of Conduct. The Network Canada Visa page is intended to provide general information on migration matters and does not constitute legal advice or migration advice and no responsibility is accepted by Network Canada or the authors of the content for the accuracy of material appearing on the Network Canada Website. People wanting advice on migration should seek advice from a registered migration agent.
4. Proprietary Rights
You agree that all content and materials available on our Site is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us. You may, however, establish ordinary links to the homepage of our Site without our written permission.
5. Discontinuity of Service
Network Canada reserves the right at any time to modify or discontinue, temporarily or permanently, any portion of its services or the Site with or without prior notice. You agree that Network Canada will not be liable to you or to any third party for any modification or discontinuance of its services or the Site.
6. Representations and Warranties
You hereby represent and warrant to us that:
(i) that you have the full power and authority to enter into and perform under these Terms;
(ii) your use our services or Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;
(iii) you will comply with all applicable laws in using our service or Site and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our service or Site; and
(iv) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
7. Disclaimer of Warranties
You agree that:
(i) If you use our Site, you do so at your own and sole risk. Our Site is provided on an "as is" and "as available" basis. Network Canada expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(ii) Network Canada does not warrant that (1) our services or Site will meet your requirements, (2) our services or Site will be uninterrupted, timely, secure, or error-free, (3) any information that you may obtain on our services or Site will be accurate or reliable, (4) the quality of any products, services, information or other material purchased or obtained by you through our service or Site will meet your expectations, (5) any information you provide or Network Canada collect will not be disclosed to third parties or (6) any errors in any data or software will be corrected;
(iii) If you access or transmit any content through the use of our services or Site, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions; and
(iv) No data, information or advice obtained by you in oral or written form from us or through or from our services or Site will create any warranty not expressly stated in these terms.
8. Limits on Liability
You agree that Network Canada will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if Network Canada has been advised of the possibility of such damages), arising from, relating to or connected with:
(i) the use or inability to use our services or Site;
(ii) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our services or Site;
(iii) disclosure of, unauthorised access to or alteration of your content;
(iv) statements, conduct or omissions of any service providers or other third party on our services; or
(v) any other matter arising from, relating to or connected with our services or these Terms.
In no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our services or the Site or these Terms exceed the sum of two hundred ($200) dollars.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of sections 7 and 8 herein may not apply to you.
You agree to defend, indemnify and hold Network Canada and its officers, directors and employees harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorney's fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our services or Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, Network Canada will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether Network Canada wish to settle it, and if so, on what terms.
All disputes arising out of or relating to these Terms or your use of our services or Site will be exclusively resolved under binding arbitration held in Sydney, Australia before and in accordance with the Rules of the Australian law, to enforce these terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
These Terms shall be interpreted in accordance with the laws of the State of New South Wales, Australia without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
12. Terms & Conditions specific to Advertisers
In addition to the terms and conditions detailed above, Advertisers agree to be bound by the following terms and conditions:
(i) The types of advertising services available and the cost of those services are determined by Network Canada at its sole discretion. Network Canada reserves the right to change the types of advertising and listing services offered and / or the cost of those services from time to time.
(ii) As a condition of using any services supplied by Network Canada, Advertisers placing ads or listings must (1) comply with all relevant laws; (2) not to use any feature of the Site to send unsolicited commercial email to users of the Site, whether individually or as a group;
(iii) Network Canada reserves the right to withdraw without notice to the Advertiser any advertisement or listing that is or appears to Network Canada to be contrary to law. Further, Network Canada reserves the right to either reject or remove any advertisement or listing from its Site for any reason.
(iv) Network Canada does not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that incorporate or manifest contaminating or destructive properties (Contaminants). Advertisers are responsible for implementing their own procedures to satisfy their own requirements for protection against Contaminants, accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
(v) Network Canada provides no guarantee or warranty to Advertisers that any services available through the Site will be uninterrupted or error free. Network Canada will use reasonable efforts to ensure that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.
(vi) Network Canada uses all reasonable efforts to avoid errors in advertisements and listings it has agreed to list on the Site. However, Network Canada accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements and listings for errors as soon as they are placed on the Site. All reasonable efforts will be undertaken by Network Canada to correct errors brought to Network Canada's attention as soon as reasonably possible.
(vii) Network Canada will use all reasonable efforts to list advertisements and listings as soon as possible. Network Canada is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing any information.
(viii) Advertisers agree at all times to deal with any information or products provided by Network Canada or accessed from the Site in a manner which complies with all applicable laws (including privacy and copyright laws).
(ix) Advertisers agree to keep Network Canada, its officers, employees and agents fully indemnified against any losses, costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against Network Canada, its officers, employees or agents as a result of an actual or alleged breach by an Advertiser any law, regulation, by-law or code of conduct or such other actions or claims brought as a consequence of your advertisement appearing on the Site.
(x) Advertisers may not assign or transfer any rights and obligations under this agreement to any other person or entity without Network Canada's prior written approval (which will not be unreasonably withheld). If an Advertiser is a company, any change in that Advertiser's effective control shall be deemed an assignment for the purpose of this clause.
(xi) Advertisers warrant to Network Canada that the advertising or information they provide to Network Canada does not breach or infringe any applicable law (including Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation, Privacy Act (Cth), law of defamation) or the intellectual property rights of any person and indemnifies Network Canada, its officers, employees and agents against any loses, costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against Network Canada, its officers, employees or agents as a result of an actual or alleged breach by an Advertiser of this warranty.
(xii) Advertisers agree to comply with the National Privacy Principles set out under the Privacy Amendment (Private Section) Act 2000 (Cth) (NPP's). See www.privacy.gov.au for more information on the Australian NPP's.
(xiii) Advertisers agree that under section 18K(1)(h) of the Privacy Act 1988 (Cth), Network Canada may obtain a consumer credit report about the Advertiser from a credit reporting agency for the purposes of collecting overdue payments relating to commercial credit owed by the Advertiser.
(xiv) Our services and Site is designed to, in certain circumstances, allow Advertisers to post logos, images and information about themselves for public review and comment. Consequently, by submitting your logo, images and/or any other information, you thereby waive any privacy expectations you have with respect to our use of your information provided to us. If you do not wish to have your information about yourself viewed by or disclosed to others, please do not use our services or Site. Network Canada may collect certain other information from you that Network Canada does not post on its Site. In most cases, Network Canada will not intentionally transfer this information to unaffiliated third parties without your consent. However, Network Canada reserves the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, Network Canada provides this personal information to third-party service providers who help us maintain our Service and deliver information and services to you and other users of our Service.
(xv) Network Canada reserves the right and Advertisers must accept as a condition of advertising on the Site, Network Canada's right to re-classify advertisements or listings posted to the Site, entitling Network Canada to withdraw advertisements or listings from one area of its Site and to re-publish advertisements or listings in another area on its Site.