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Terms of use

These Terms of Use were updated as at 1 March 2023, and together with any additional terms or notices displayed elsewhere on this Website from time to time comprise the terms (“Terms of Use”) under which a person (“you”, “your” or “user”) uses the www.akips.com internet website.

 

In these Terms of Use:

Affiliates” refers to any direct or indirect parent, subsidiaries, holding companies, sponsors, or affiliated companies of AKIPS and shall include any authorised trainers, procurement entities or resellers of AKIPS.

AKIPS”, “we”, “us” or “our” refers to:

AKIPS Pty Ltd
ACN 169 056 204,
PO Box 3422
Shailer Park, QLD, 4128
Australia

Forum” refers to the forum run in conjunction with the Website.

Website” refers to this website, www.akips.com

 

  1. Your Agreement to these Terms

Your use of this Website, including accessing or browsing the Website, is deemed to be your acceptance of these Terms of Use and the Privacy Policy. Please read both of them carefully. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Website immediately and refrain from using the Website in the future.

AKIPS provides you with access to a variety of resources, including download areas, communication forums and product information via its Website. These services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Terms of Use.

 

  1. Your Use of this Website

Your use of the Website is also subject to any other law or regulation that applies to the Website, the internet or the worldwide web. The Website and its content are made available for your personal information and communication only, and all content is provided for your non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, sell, reuse, repost, or use the content of the Website for public or commercial purposes, including the text, images, audio, video, information, software or products without the written permission of AKIPS.

Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to AKIPS by electronic mail or by direct Website entry or otherwise, will be used by AKIPS in accordance with the Privacy Policy. Any other communication or material you transmit to the Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. AKIPS reserves the right to release your private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach these Terms of Use.

 

  1. NOTICE – Software available on this Website

Any software that is made available to download from the Website is the copyrighted work of AKIPS and/or its Affiliates. It is a condition of use of the AKIPS Software (“Software”) that the user comply with the terms of the end user license agreement, which accompanies or is included with the Software (“End User License Agreement“). You may be required to agree to that End User License Agreement before using such Software.

Any use, reproduction or redistribution of the Software which is not in accordance with the End User License Agreement is expressly prohibited.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE END USER LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE END USER LICENSE AGREEMENT, AKIPS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

  1. NOTICE – Documents available on this Website

Permission to use documents (such as white papers, press releases, datasheets and FAQs) (“Documents”) from the Website is granted, provided that:

  • the below copyright notice and this permission notice appear in all copies;
  • the use of such Documents from the Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and
  • no modifications of any Documents are made.

Use of the Documents for any other purpose is expressly prohibited by law.

The Documents specified above do not include the design or layout of the Website or any other AKIPS owned, operated, licenced or controlled site. Elements of the Website are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by AKIPS.

 

  1. AKIPS (Competitions and Offers)

You acknowledge that AKIPS may conduct competitions and offers via this Website, and these will be governed by separate terms and conditions, which will apply to those competitions and offers in addition to these Terms of Use.

If you wish to participate in competitions or offers run in conjunction with the Website you must register for the offer. Users of the Website who register for these services will be bound by the offer’s terms and conditions, in addition to these Terms of Use and the Privacy Policy.

 

  1. Conduct

You agree not to engage in any activity that is disruptive or is detrimental to the operation or functioning of the Website or Forum.

You may not use the Website or Forum in any manner that could damage, disable, overburden, or impair any AKIPS server, or the network(s) connected to any AKIPS server, or interfere with any other party’s use and enjoyment of the Website or Forum.

Except as otherwise expressly authorised in writing in advance by AKIPS, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based on (whether in whole or in part), reverse engineer, decompile or disassemble any services or software, all or any part of the Website, or any materials made available through the Website.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. AKIPS will fully cooperate with any law enforcement authorities or court order requesting or directing AKIPS to disclose the identity of anyone posting any such information or materials and reserves the right to remove any such materials at any time from this Website. Please note that visitors to the Website may post messages or make statements that are inaccurate, misleading, deceptive, or offensive. To the fullest extent permitted by law, AKIPS and the affiliated entities neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. Without limitation, AKIPS and its Affiliates are not responsible for any information or materials made available by third parties including errors or omissions in postings or links or images embedded in messages or profiles or results obtained by using any such information or materials.

 

  1. AKIPS Forum

Users of the Forum are bound by these Terms of Use and the Privacy Policy.

By accessing the Forum you agree to use the Forum only to post, send and receive messages and material that are proper. Without limitation, you agree that when using the Forum, you will not:

  • Upload any harmful or malicious technology, including malware, or any files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws without the permission of the owner;
  • Violate any applicable laws and regulations, including without limitation all intellectual property, data, privacy or intellectual property laws;
  • Contravene any policy, code of conduct or other guideline which may apply to the Forum;
  • Post any materials that does not pertain to the discussion, topic or theme of the Forum;
  • Post advertising of any kind;
  • Use the Forum for surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Publish, post, upload or distribute any abusive, threatening, offensive, vulgar, obscene, hateful, profane, obscene, indecent, racist or bigoted, inappropriate, defamatory, fraudulent or unlawful topic, name, material or information;
  • Post or disclose any personally identifiable information of others, or financial information about yourself or others;
  • Collect information about others, whether or not for commercial mailing lists or databases; or
  • Create a false identity, impersonate any person or entity, or falsely state or misrepresent an association with a person.

AKIPS reserves the right to:

  • Review, edit, refuse to post or remove any posts, information or materials on the Forum in its sole discretion;
  • Terminate your access to any or all of the Forum at any time, without notice, for any reason whatsoever; and/or
  • Disclose any information as AKIPS deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

  1. Disclaimer of Warranties and Representations

AKIPS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. YOUR USE OF AND BROWSING IN THE WEBSITE ARE AT YOUR RISK. YOU ARE ADVISED THAT THERE ARE RISKS ASSOCIATED WITH ACTIVITIES RELATED TO THE WORLDWIDE WEB AND INCURRED BY USING THE INTERNET AND WORLDWIDE WEB, AND THESE RISKS ARISING FROM YOUR USE ARE BORNE BY YOU.

EXCEPT AS REQUIRED BY LAW, AKIPS MAKES NO EXPRESS OR IMPLIED WARRANTY, GUARANTEE OR REPRESENTATION IN RELATION TO THIS WEBSITE OR ANY MATERIAL ON THIS WEBSITE. IN PARTICULAR, WHILE CARE HAS BEEN TAKEN IN CREATING THE WEBSITE, AKIPS DOES NOT WARRANT OR REPRESENT THAT THAT:

  • THE WEBSITE WILL MEET USERS’ REQUIREMENTS;
  • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
  • INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE, COMPLETE OR SUITABLE FOR ANY PURPOSE; OR
  • THE WEBSITE AND ITS SERVICES ARE FREE FROM ANY COMPUTER VIRUSES OR DEFECTS.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AKIPS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Users understand and agree that any information or material and/or goods or services obtained through the Website are obtained at the user’s discretion and risk. AKIPS also assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the Website, or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence.

Everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence, to the extent permitted by law.

The Website and AKIPS oppose the use of unwanted and unsolicited email which deteriorates the performance and availability of the Website service. All forms of such email which have the effect of promoting such emails are discouraged and will be removed from the Website where detected. AKIPS prohibits the use of another internet service to send or post unsolicited emails to drive visitors to your site through the Website, whether or not the messages were originated by you, or under your direction or by or under the direction of a related or unrelated third party, and may take any necessary action to stop such activity wherever detected.

 

  1. Liability

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL AKIPS, NOR ITS AFFILIATES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE,  BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM, LOSS, LIABILITY, EXPENSE OR SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER OR LOSSES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OR IN CONNECTION WITH ACCESS TO, OR USE OF, THE WEBSITE, THE DOCUMENTS, THE SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE WEBSITE AND ITS SERVICES, OR INFORMATION AVAILABLE FROM THE WESBITE.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless AKIPS, its Affiliates, and any other party involved in creating, producing or delivering the Website, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Website; (b) any violation of these Terms of Use; or (c) any allegation that any user content that you make available or create through the Website, infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

 

  1. Ownership of Content and Intellectual Property

AKIPS or its Affiliates are either the owner or licenced user of the copyright in the material on this Website and within the services that AKIPS provides. Except as expressly permitted, you may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material on this website or within the services that AKIPS provides.

All trade marks (whether registered or unregistered) and logos are protected from commercial use by third parties. You must not use or modify any registered or unregistered trade marks and/or logos on the Website without either our prior written permission or the prior written permission of the relevant trade mark owner. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use without the written permission of AKIPS. AKIPS does not warrant or represent that your use of materials displayed on the Website will not infringe rights of third parties. Images of people or places displayed on the Website are either the property of, or used with permission by AKIPS. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. No licence is granted in respect of those intellectual property rights other than as set out in these Terms of Use. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Your use of this Website must not in any way infringe the intellectual property rights of any person. You are also advised that AKIPS or its Affiliates, in their sole discretion, may choose to aggressively enforce its or its Affiliates’ intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution or to refer violators to the appropriate authorities in the relevant jurisdiction.

 

  1. Links to third party sites

This Website may include links to the websites of third parties. AKIPS is not required to maintain or update the links.

AKIPS has not reviewed any or all of the sites linked to the Website and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Website. AKIPS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AKIPS of the site. AKIPS does not make any warranties and accepts no liability in relation to material contained on third party sites.

AKIPS does not accept any liability or responsibility for any cookies, data or personal information collected by other linked sites accessed through this site, nor the linked sites.

 

  1. Breach of these Terms of Use

AKIPS may, in its sole discretion, prevent you from accessing the Website or Forum or remove and discard any content for any reason, including without limitation, if AKIPS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. AKIPS reserves the right to contact any authority or other relevant party and disclose any personal information and information, or take legal action, regarding your conduct on the Forum or Website at its sole discretion.

 

  1. Jurisdiction

All of the terms and conditions found on this Website, including those within these Terms of Use are governed by the laws of the State of Queensland, Australia. By entering the Website you agree to submit to the exclusive jurisdiction of the Queensland courts in the event of any dispute. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

 

  1. Changes to these Terms of Use

AKIPS may amend these Terms of Use from time to time by posting the amended version on this Website.  Subsequent or continuing use of this Website will constitute acceptance of any changes. You  should therefore periodically visit this page to review the then current Terms of Use to which you are bound. You will be bound by changes even if you do not re-visit this page to re-read this notice.