ANGLICAN CHURCH OF AUSTRALIA DIRECTORY
TERMS AND CONDITIONS
The following terms and conditions constitute an agreement between Broughton Publishing Pty Ltd as trustee for Broughton Publishing Trust (ABN 65 964 133 851) (”Broughton Publishing”, “our”, “us”, “we”) and you (“I”, “you”, “your”, “Subscriber”) (“Terms and Conditions”, “Agreement”) in relation to your use of the Anglican Church of Australia Directory (“Directory”).
1.1 This is a legally binding, ongoing contract.
1.2 By entering into this Agreement, you understand that you are responsible for the access and use of the Directory from your account, in accordance with this Agreement.
- ANGLICAN CHURCH OF AUSTRALIA DIRECTORY
2.1 The Directory is an online database of Anglican Church of Australia licensed clergy, parishes, organisations and dioceses (“Data”).
2.2 By entering into this Agreement, you will obtain access to the online Directory (“Site”) for the duration of your subscription period.
2.3 We reserve the right to alter and update the Directory and the Site at any time, including making amendments to the features of any Site which may include the removal of features and content. We may modify the Site and Directory for any security or other reason, at our discretion. We do not guarantee that the Site will always be available, work, or be accessible at any particular time.
- SUBSCRIBER ACCOUNTS
3.1 You are responsible for compliance with the terms of this Agreement and any access or use of the Site with its credentials.
3.2 To access and use the Directory, you will be required to set up an account using your email address and a password chosen by you (“Login”). Login details must be kept confidential, and must never be shared with any other person.
3.3 Each time you use your Login, you will be deemed to be authorised to access and use the Directory in a manner consistent with this Agreement. We have no obligation to investigate the authorisation or source of any such access or use of the Directory.
3.4 You are solely responsible for protecting the security and confidentiality of your Login and for uses of the Directory using that Login, including without limitation, all communications and transmissions undertaken on the Site through such access or use of your Login. You understand that the sharing of your Login information will be considered a substantial breach of this Agreement and may result in your access to the Site and the Directory being terminated.
3.5 You must immediately notify us of any unauthorised use of your Login or the login credentials of any User or any other breach or threatened breach of our Site’s security you may be aware of.
- USE OF DIRECTORY AND CONTENT
4.1 The Directory is provided to enable Subscribers to access information about relevant Anglican Church of Australia representatives and organisations to facilitate legitimate and authorised church, charity or other associated purposes.
4.2 It is expressly forbidden to use the Directory in order to:
- Distribute or transmit any content that is unlawful, harmful, threatening, defamatory, discriminatory, vulgar, obscene or otherwise objectionable;
- Harvest, collect or collate any list of contact details for any purpose, including but not limited to for any commercial purpose;
- Copy, download, store, publish, transmit, transfer, sell or otherwise use the Data or any portion therefore, in any form or by any means;
- Sell, licence or distribute the Data or any portion therefore, to any third party or as the basis for any material for sale, licence or distribution;
- Use the Database or Data in violation of any state, federal or local law, regulation or requirement.
4.3 Broughton Publishing makes no representations as to the accuracy or currency of any information contained in the Database from time to time. You understand and accept that the Data contained in the Database is reported as provided to Broughton Publishing by the relevant representatives and organisations from time to time. Data is provided in order to facilitate access by persons or entities with legitimate, authorised reasons.
4.4 You understand that Broughton Publishing will take no responsibility for any losses or consequences associated with inaccuracies or errors in the Database or Data.
- TERMINATION AND CANCELLATION
5.1 You may terminate this Agreement at any time by contacting email@example.com.
5.2 In addition to any other rights that Broughton Publishing has under this Agreement, if you breach any obligation or requirement of this Agreement, we may terminate this Agreement by providing 14 days written notice to you.
- LIMITATION OF LIABILITY
6.1 Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Directory. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Sites or Directory be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Sites or Directory, any Website linked to our Sites or Directory (including the materials, information or Directory contained on such Website) whether in contract or tort or regardless of being advised of the possibility of such damages.
6.2 For jurisdictions that do not allow us to limit our liability: notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
7.1 In addition to the other indemnities provided by you under this Agreement, you agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under this Agreement or from any other loss which may arise from or as a result of any breach of this Agreement or use of our Sites or Directory you or your officers, employees, agents, contractors or consultants.
8.2 A provision of or a right created by this Agreement cannot be waived except in writing signed by the party granting the waiver.
8.3 Where any provision of this Agreement provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless this Agreement expressly provide otherwise.
8.4 The agreement contained in this Agreement contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the parties with respect to the subject matter of this Agreement.
8.5 The agreement contained in this Agreement is governed by and construed in all respects in accordance with the laws of Victoria and the parties hereby submit to the exclusive jurisdiction of the courts of the said state of Victoria.
8.6 You must not novate, assign or subcontract the agreement contained in this Agreement or any of its obligations herein without our prior written consent.
8.7 You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
8.8 In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in this Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
8.9 We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review this Agreement and new additional information.