WEBSITE TERMS AND CONDITIONS OF USE

 

1.          Introduction

1.1.      Welcome to http://www.chalkcircle.org (the 'Website').

1.2.      The Website is operated by Chalk Circle (ABN 58 359 846 074). Access to and use of the Website, or any of its associated Products or Services, is provided by Chalk Circle.

1.3.      The terms and conditions of use of the Website (‘the Terms’) include these terms and conditions, our Privacy Policy, and any other terms and conditions that appear on the Website.

1.4.      Chalk Circle reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Chalk Circle updates the Terms, it will use reasonable measures to provide you with notice of updates to the Terms.

1.5.      Any changes to the Terms take immediate effect from the date of their publication. We recommend that you keep a copy of the Terms for your own records.

 

2.          Acceptance of the Terms

2.1.      By using, browsing and/or reading the Website, this signifies that you have read, understood the Terms.

2.2.      You accept and agree to be bound by the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Chalk Circle in the user interface.

2.3.      If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

3.          Copyright and Intellectual Property

3.1.      The Website, the content and all related products of Chalk Circle and Chalk Circle’s related entities are subject to copyright. Unless otherwise indicated, all rights in: the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features); and/or the content owned for these purposes; are reserved by Chalk Circle, its related entities, and/or its contributors.

3.2.      All trademarks, service marks and trade names are owned, registered and/or licensed by Chalk Circle and/or its related entities. When you access the Chalk Circle website, you have the right to:

(a)       use the Website pursuant to the Terms;

(b)       copy and store the Website and the material contained in the Website in your device's cache memory; and

(c)       print pages from the Website for personal and non-commercial uses.

Chalk Circle may revoke these rights at any time. These rights are non-exclusive. Chalk Circle does not grant you any other rights in relation to the Website or the content. Chalk Circle does not grant you any other rights in relation to Chalk Circle itself, and any of its related entities, including the right of adaptation and modification. All other rights are expressly reserved by Chalk Circle.

3.3.      Chalk Circle retains all rights, title and interest in and to the Website and all related content, except for the trademarks and intellectual property of other entities shown on this Website or other information used with a third party’s permission.

3.4.      You may not, without the written consent of Chalk Circle and the consent of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

 

4.          Privacy

Chalk Circle takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Chalk Circle's Privacy Policy, which is available on the Website.

 

5.          General Disclaimer

5.1.      Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law (including, without limitation, the Australian Consumer Law).

5.2.      Subject to 5.1, and to the extent permitted by law:

(a)       all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b)       Chalk Circle will not be liable for any loss or damage of any kind (including special, indirect or consequential loss or damage unless such a loss is reasonably foreseeable and directly results from Chalk Circle’s failure to meet the consumer guarantee outlined under Australian Consumer Law), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content). 5.2 applies regardless of whether the loss or damage is at common law, pursuant to statute (other than Australian Consumer Law), under contract or tort (including negligence), in equity, or otherwise.

5.3.      Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Chalk Circle and Chalk Circle’s related entities make any express or implied representation or warranty about the content or any products or content (including the products or content of Chalk Circle) referred to on the Website. This includes (but is not restricted to) loss or damage you may suffer as a result of any of the following:

(a)       failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)       the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

(c)       costs incurred as a result of you using the Website, the content or any of the products of Chalk Circle; and

(d)       the content or operation in respect to links which are provided for your convenience.

 

6.          Limitation of liability

6.1.      Chalk Circle's total liability arising out of or in connection with the content of the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2.      You understand and agree that Chalk Circle, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

6.3.      You acknowledge and agree that Chalk Circle holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of the Website.

7.          Termination of Contract

7.1.      Chalk Circle may at any time, terminate your use of the Website and the operation of the Terms if:

(a)       you have breached any provision of the Terms or intend to breach any provision;

(b)       Chalk Circle reasonably believes you have breached any provision of the Terms, or Chalk Circle has reason to believe that you intend to breach any provision of the Terms;

(c)       Chalk Circle is required to do so by law;

(d)       Chalk Circle is no longer providing the services to members in the country in which you are resident or from which you use the service; or

(e)       the provision of the services to you by Chalk Circle, is in the opinion of Chalk Circle, no longer commercially viable.

7.2.      Subject to local  laws, Chalk Circle reserves the right to discontinue or cancel your membership and use of the Website at any time, and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts Chalk Circle's name or reputation or violates the rights of another party.

7.3.      You may terminate this contract by ceasing to use the Website. You may also choose to send notice of your intention to terminate the this contract.

7.4.      Upon termination of this contract (for reasons that include but are not limited to: you have ceased to use the website; Chalk Circle has terminated your use of the Website), all of the legal rights, obligations and liabilities that you and Chalk Circle have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely either in these Terms or outside of these Terms, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

8.          Indemnity

8.1.      You agree to indemnify Chalk Circle, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)       all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with use of the Website;

(b)       any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c)       any breach of the Terms.

 

9.          Jurisdiction

These terms are governed by and construed in accordance with the laws of the state of Victoria, Australia.

The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia

 

10.       Severance

If any part of these Terms is found to be void or unenforceable by a Victorian court, that part shall be severed and the rest of the Terms shall remain in force.