WEBSITE TERMS AND CONDITIONS OF USE
Your use of this website is subject to the following Website Terms and Conditions of Use ["these Terms"]:
1. Ownership: This website and any and all related websites including Bird-o.com and any websites under the "wildiaries.com" domain or subdomains ["this Website"] are owned and operated by AES Applied Ecology Solutions Pty Ltd A.C.N. 099 192 417 ["AES"]. Except where indicated copyright in the information contained in this Website is owned by AES and all rights are reserved.
2. Acceptance of these Terms: (a) Your access and use of this Website is conditional on your acceptance of and compliance with these Terms. (b) You shall be deemed to have agreed to these Terms by your continued use of and/or continued access to this Website. (c) AES may amend these Terms at any time by posting the amended terms and conditions on this Website. The amended Website terms and conditions shall be deemed to be binding and effective immediately. Accordingly, you should periodically review these Terms. (d) Any violation by you of these Terms will result in immediately forfeiture of your right to use and access this Website.
3. Restrictions on use: (a) This Website is available only for your personal, non-commercial use. (b) AES reserves the right to change or discontinue any feature of this Website. (c) You may not copy, reproduce, publish, frame, post, upload, distribute, transmit and/or modify, in any way, any part and/or all of the material contained on this Website unless expressly authorised by AES or the relevant contributor. (d) Notwithstanding the restrictions in paragraph 3(c) you may download material from this Website for your personal non-commercial use provided that you do not remove any copyright and/or trade mark notices from the material. (e) You may not use this Website to: (i) collect personal information (including email and/or internet addresses of contributors); or (ii) sell products and/or services. (f) AES reserves the right to charge you for viewing some or all of the information and/or material contained in this Website. (g) You agree to receive email or other alerts in respect of any list you join on this Website (and AES acknowledges that you may opt out of further contact by clicking the "unsubscribe" option in all emails sent to AES email lists).
4. Copyright and trade marks: All copyright, names, logos and trade marks are the property of AES and/or the third parties who have contributed to this Website (where acknowledged). Nothing on this Website shall be interpreted as granting any rights to use or distribute any copyright material, names, logos or trade marks without the express written authority of AES or the relevant contributor.
5. No representations: (a) AES makes this Website available for others to publish information without assuming a duty of care to users. (b) AES makes no representation(s) in respect of the accuracy, reliability, completeness or timeliness of the information and/or anything else contained in this Website [the "Material"]. The Material may contain inaccuracies or typographical errors. The use of this Website and the Material is strictly at your own risk. (c) The links provided to other Websites are provided for your convenience and may not remain current or maintained. AES does not purport to approve, recommend or endorse the owners and/or operators of any linked Website or of any information, products and/or services referred to on linked Websites.
6. No warranties: AES makes no warranty with respect to the Material and/or this Website. The Australian Trade Practices Act 1974 (Cth) and all corresponding State legislation imply terms, conditions and warranties into particular contracts which are to govern and regulate the supply or goods and/or services [the "Prescribed Terms"]. Except as provided by the Prescribed Terms, all warranties whether express or implied by law and/or in any way relating to access to, or non-access to, this Website and/or the use of and/or reliance on this Website and/or the Material are hereby expressly excluded. In addition, AES does not warrant that this Website will operate free from error or that this Website and its server are free of computer viruses and other harmful effects. AES accepts no responsibility for and shall not be liable for any loss and/or damage resulting from your use of this Website and/or the Material.
7. Limitation of liability: Except as provided by the Prescribed Terms AES, its suppliers and any third parties mentioned on this Website shall not be liable for any loss and/or damage (including without limitation incidental or consequential damages and/or lost profits) resulting from your access to and/or inability to use and access this Website and/or the Material and/or any linked Material.
8. Uploading information: You represent and warrant in relation to any material and/or information you provide to this Website that: (i) you are authorised to provide the material and/or information; (ii) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; (iii) the material and/or information is not the "passing off" of any or service and does not constitute unfair competition; (iv) the material and/or information does not infringe any intellectual property right including but not limited to copyright, trade marks, service marks or business names (whether registered or unregistered) or confidential information; and (v) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including but not limited to the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic.) and equivalent State and Territory legislation and the laws of any country where the material and/or information is or will be available electronically to users of this Website.
9. Licence to use intellectual property: (a) By uploading any material which is intellectual property including but not limited to copyrighted works, trade marks and services marks [the "User Intellectual Property"] onto this Website you are granting AES a perpetual, non-exclusive and payment-free licence throughout the world to: (i) reproduce, repackage, use and exploit the User Intellectual Property as part of this Website to the fullest extent permitted by intellectual property law in any jurisdiction in which this Website is available to users; and (ii) allow AES to sub-licence others the same rights granted to AES in paragraph 9(a)(i). (b) AES shall wherever possible acknowledge you as the owner of the User Intellectual Property. (c) AES may rank and/or reject any uploaded material and/or information at its sole discretion at any time and from time to time. (d) You agree that AES and/or any related entity of AES may receive advertising revenue from web pages containing the User Intellectual Property.
10. Indemnity: You shall at all times indemnify and keep indemnified AES and its respective officers, employees and agents ["Those Indemnified"] from and against any loss (including legal costs on an indemnity basis) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connect with or in respect of any breach of these Terms by you and/or publication of or distribution of any material and/or information supplied by you.
11. Termination: These Terms are effective until terminated by AES. AES may proscribe your access to this Website at any time without notice. In the event pf proscription, you shall no longer be authorised to access this Website. All licenses regarding the use of intellectual property, restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms shall survive proscription.
12. Governing law: These Terms are governed by and construed in accordance with the laws of Victoria , Australia . You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria as nominated by AES from time to time. 13. Privacy policy: (a) AES and/or people authorised by it may gather and process the information which you may provide when accessing this Website such as your name, address, e-mail address and other personal information about you and information regarding the way in which you use this Website including without limitation information acquired through the use of "cookies" programmed during the accessing of this Website. (b) AES only uses your personal information for the purposes for which you give it to AES and for related, internal management purposes, such as communicating with you for the purposes of e-mail "alerts". (c) AES may authorise others to offer you goods and services using this information and you are deemed by this paragraph to have consented to AES providing your personal information to third parties for this purpose. (d) You may access personal information held by AES about you or you can ask AES to correct any personal information it holds about you. If you are on an AES email list you may opt out of further contact from AES by clicking the "unsubscribe" option in all emails sent to AES email lists.
Should you require any further information please send us an email at wildiaries@gmail.com
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