Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, Hiraya Performing Artists BRISBANE owns the intellectual property rights on the website and all material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website elsewhere or on another site without proper acknowledgementt of Hiraya Performing Artists BRISBANE
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution or display to customers or to the public.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Hiraya Performing Artists BRISBANE makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Hiraya Performing Artists BRISBANE does not warrant that this website will be constantly available, or available at all or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Hiraya Performing Artists BRISBANE will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Hiraya Performing Artists BRISBANE has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Hiraya Performing Artists BRISBANE’s liability in respect of any:

  • death or personal injury caused by Hiraya Performing Artists BRISBANE’s negligence;
  • fraud or fraudulent misrepresentation on the part of Hiraya Performing Artists BRISBANE; or
  • matter which it would be illegal or unlawful for Hiraya Performing Artists BRISBANE to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Hiraya Performing Artists BRISBANE and undertake to keep Hiraya Performing Artists BRISBANE indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hiraya Performing Artists BRISBANE to a third party in settlement of a claim or dispute on the advice of Hiraya Performing Artists BRISBANE’s legal advisers) incurred or suffered by Hiraya Performing Artists BRISBANE arising out of any breach by you of any provision of these terms and conditions.

Variation

Hiraya Performing Artists BRISBANE may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Hiraya Performing Artists BRISBANE may transfer, sub-contract or otherwise deal with Hiraya Performing Artists BRISBANE’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Hiraya Performing Artists BRISBANE in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Australia.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.