User Terms

1. Overview

1.1 The www.issociate.com website (this website) is owned by issociate Pty Limited (issociate, we, us). This agreement describes the terms and conditions that govern the use of the services on this website by a person (you) that is a member of an association that subscribes to the website (Association), and is subject to:

(a) you having completed the activation process and being registered by us as a user;
(b) the Association's subscription to the website not having expired or been terminated or suspended for any reason;
(c) you remaining a member of the Association; and
(d) your access to the website not having expired or been terminated or suspended for any reason.

1.2 Before you become a user of our services, you must read, agree with and accept all of the terms and conditions contained in this agreement and our policies (Policies). You agree that the Policies, which may change from time to time, form part of this agreement. These terms, conditions and Policies are referred to collectively as Website Terms. By accepting this agreement you agree to be bound by all the Website Terms.

1.3 We may, at our sole discretion, vary or modify the Website Terms from time to time. The amended Website Terms will be posted on the website. Any subsequent access to, or use by you, of the website will constitute an acceptance of these Website Terms as they appear at that time.

1.4 Except as specifically permitted under paragraph 1.3 and elsewhere in this agreement, these Website Terms cannot be amended except in writing signed by you and us.

1.5 In this agreement, a reference to "you" includes a reference to anyone acting on your behalf or with your express or implied authority.

2. Registration as a user

2.1 For you to register as a user of the website the following process must occur:

(a) the Association must successfully complete the application and registration process, agree to our Association Terms and pay the relevant joining and subscription fees;
(b) the Association must provide certain information about you to enable us to commence the activation process;
(c) we will send you an activation request; and
(d) you will need to consent to the activation request, agree to these Website Terms and provide certain information to enable us to complete the activation.

2.2 Following successful completion of the process in paragraph 2.1 we will register and activate you as a user of the website and you will have access to certain Association pages, user pages and personal pages. You must choose a user name and password to access the website.

2.3 During the application, registration and activation process the Association will provide us with your first name, last name, email address, member number and member type. You consent to the Association providing that information to us and our collection, use and disclosure of that information for the purpose of fulfilling the application, registration and activation process.

3. The services

3.1 The website provides you and the Association with access to a number of different services. The services that may be accessed by you will be those subscribed to by the Association.

3.2 We may change our services and suspend, terminate or restrict your access at any time if we believe that this is reasonably justified within the Website Terms.

3.3 You will not be able to access or use the website without your user name and password. You must keep your user name and password secret, secure and not disclose it to anyone.

3.4 You must not permit any third party to access or use the website using your user name or password. You must not access or use the website using the user name or password of another person or impersonate any other person in accessing or using the website.

4. Licence terms

4.1 You are granted a non-exclusive non-transferable licence to access and use the website in accordance with these terms and conditions. Your licence will commence once all the steps in paragraph 2.1 have been completed and we have activated your account.

4.2 Your licence will terminate on the termination or expiry of this agreement.

5. Provision of content

5.1 You may provide content for your pages and Association pages within the website from time to time (Content). Your Content does not include any feedback you email or otherwise provide to us. Unless otherwise agreed by us, subject to clause 6.3, we will not provide any content for your pages or Association pages.

5.2 We retain the discretion whether to publish, edit, delete, block, reject, take down or remove any part or all of the Content.

5.3 You retain all intellectual property rights in your Content. You grant us a royalty free, worldwide licence to use, transmit, communicate to the public, copy and reproduce your Content for the purpose of providing our services to you and the Association.

5.4 You waive any rights you may have to take action against us in relation to any act or omission which would otherwise infringe any moral rights in your Content.

5.5 You warrant that you are the owner or licensee of the Content and that you have all necessary rights to include the Content on the website. You must not access, modify, copy, use or disclose the content of any other person appearing on the website in any manner which breaches the rights of such other person. You indemnify us against any action, claim, demand or proceedings upon or against us, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by us, in connection with the foregoing.

5.6 To the extent permitted by law, we will be under no liability to you in respect of any loss or damage which you may suffer or incur or which may arise directly or indirectly in connection with your supply of Content to us or the website, or the subsequent use of the Content by us or any other users of the website.

6. User pages and forums

6.1 Depending on the subscription to the website chosen by the Association, you may be provided with access to a variety of pages, including personal or user profile pages. Your personal and user profile pages may be either public or private, depending on the option chosen by you.

6.2 To provide Content to any Association or other pages, you must comply with the process specified by us from time to time. Content may be provided to your own pages in the form of profile information. Content may be provided to Association pages in the form of posts to public forums, private forums or working groups, simple polls and questions and answers.

6.3 The Association pages, and other pages for which you may provide Content, will be in such layout and include such functionality as we choose to provide from time to time. This may include advertising space in respect of which advertising is sourced, administered and filled by us or the Association.

6.4 We are not liable for the content of any links to third party websites provided in any advertising placed on the website.

6.5 You may be provided with access to public forums, private forums and working groups from time to time. You must comply with the terms relating to such forums and working groups.

6.6 You must not reproduce or disseminate any information downloaded or accessed by you in any private forum. We are not responsible to ensure the confidentiality of information posted on private forums.

7. Email marketing

7.1 You consent to us and the Association sending you emails containing information which offers, advertises, markets or promotes the goods or services of us, the Association or any third party. If we are the sender of such an email, the email may include information about new services and functionality provided by us or the website.

7.2 You may at any time notify us that you do not want to receive from us any further emails of a nature described in paragraph 7.1. If you do so, we will within 5 business days action your request in respect of such emails that come from us.

General terms and conditions

The following general terms and conditions apply to your access to and use of the website and our services.

8. Suspension and termination

8.1 We may suspend access to the website by you immediately without notice to you if you breach these Website Terms.

8.2 We may terminate this agreement or your account, registration or access to any or all services immediately by notice to you if:

(a) you breach these Website Terms and such breach is not remedied within 7 days of a notice from us requiring you to remedy the breach;
(b) the Association's subscription to the website is terminated, suspended or expires for any reason, including for any failure by the Association to pay their annual subscription; or
(c) your membership of the Association is suspended, terminated or expires.

8.3 If we suspend your account, registration or access, you must not set up any further accounts, re-register or otherwise use or access the website.

8.4 Upon the earlier of termination or expiry of this agreement:

(a) all rights granted to you will cease;
(b) you must not set up any further accounts, re-register or otherwise use or access the website; and
(c) we may destroy or delete any information and data included in any of your pages or Association pages in our discretion.

9. Your obligations

9.1 You must not:

(a) use the website for any activities which breach any laws or regulations or infringe any third party rights;
(b) use the website to send any spam or unsolicited electronic mail messages to anyone;
(c) use the website for fraud or any misleading or deceptive conduct;
(d) use the personal information of another person in order to access or use the website;
(e) tamper with, hinder the operation of or make unauthorised modifications to the website; or
(f) transmit any bug, virus or other disabling feature to or through the website.

9.2 You must not post any content or information on your pages within the website or the pages of the Association which is or is likely to be:

(a) abusive, obscene, offensive, pornographic or indecent;
(b) defamatory of any person;
(c) in breach of the intellectual property rights or moral rights of any person;
(d) in breach of any obligations of privacy or confidence;
(e) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
(f) in breach of any laws; or
(g) false, misleading or deceptive.

9.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of the website.

10. Information and content

10.1 The content and format of the website may be changed by us at any time, without notice, in our absolute discretion.

10.2 The website includes information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.

10.3 The website includes information and content developed by us (Our Information). You acknowledge and agree that:

(a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;
(b) while we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible; and
(c) Our Information may include certain errors, omissions or outdated information from time to time.

10.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

10.5 Information posted on user pages of this website has not been independently verified by us. We are not liable for any incorrect, misleading, deceptive, defamatory, obscene, offensive or pornographic material which is posted on any user page, nor are we liable for any material posted on any user page which is a breach of any intellectual property rights, moral rights or privacy rights of any party or of any law.

10.6 We may from time to time moderate or monitor the information appearing on the website. However, to report undesirable posts or to bring to our attention users who may not be following these Website Terms, please email feedback@issociate.com. Please do not post your grievances on this website.

11. Security, viruses and linking

11.1 We do not guarantee the security of the website. We do not warrant that access to the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.

11.2 Should you leave this site via a third party link, you acknowledge that:

(a) you do so at your own risk;
(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(c) the link does not represent any endorsement by us of the products or services offered on the linked site.

12. Intellectual property

12.1 Except for your Content, you agree that all intellectual property rights in the website, including any information, software and tools accessed via the website, and any feedback provided in connection with the website, will be vested in us or our third party licensors.

12.2 You must not:

(a) copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public the website, or any of our or our third party licensors' information, software and tools accessed via the website; or
(b) rent, lease, sub-licence or otherwise provide access to the website to any third party,without our prior written consent.

13. Confidentiality and privacy

13.1 Any communication or material sent by you to the website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988.

13.2 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of the website.

14. Our liability

14.1 Subject to any condition, warranty or right implied by the Trade Practices Act 1974 or any other law which cannot by law be excluded by agreement:

(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and
(b) all implied conditions, warranties and rights are excluded.

14.2 Without limiting paragraph 14.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by the website.

14.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:

(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.

14.4 Subject to paragraphs 14.1 and 14.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:

(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.

14.5 Subject to this paragraph 14, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Website Terms will not exceed $500.

15. Miscellaneous

15.1 You must be a registered user before you can use any of the services provided through this website. We reserve the right to refuse to register a user of the website for any reason.

15.2 These Website Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Website Terms.

15.3 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

15.4 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.

15.5 These Website Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.

15.6 If you have any questions or feedback about the website or these Website Terms, please contact jamie.williams@issociate.com.

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