Terms of Use - Winner Partnership

Acceptance

Please read these Terms of Use carefullyas they apply to your use of the Winner Partnership Pty Ltd (Winner Partnership) website ("Website"). We ask that you do not use our Website until your familiarise yourself with our Terms of Use.

By using the Website, you agree to be bound by these Terms of Use, Privacy Policy and Disclaimer which form a legally binding agreement between you and Winner Partnership. You must be legally eligible to enter into this agreement (eg. old enough). If, you do not want to/ can not, be bound by these Terms of Use, do not continue to use this Website. Copies of our Privacy Policy and Disclaimer are available through links in the footer section of this website.

When we say "We", "Winner Partnership", "Winner", "Us" and "our products" we are referring to Winner Partnership Pty Ltd and its respective goods and services. References to "you" "your" "customer" "client" and the like, refer to you, and your agents.

Winner Partnership provides you with access to a variety of resources, materials, goods (tangible) and services (intangible), including this Website, software, communication forums, support materials and information to enable people to use our products ("the Goods and Services").

Further, we may amend these Terms of Use at any time. Your continued use of the Website is considered to be acceptance of the amended Terms of Use.

Purchase of Goods and Services (Products)

You may purchase certain Goods and Services (Products) through our website "Shopping Cart" facility. Products that you purchase are billed in advance and payments are non-refundable. Payments for Products over the internet is encrypted for your protection.

Winner Partnership Copyright/ Intellectual Property

The material on this Website, including all information such as text, graphics, images, photographs and sound, is protected by copyright, trademark and other intellectual property laws. Copyright is pursuant to the Copyright Act 1968 (Cth), as amended from time to time and the laws of other countries. You must NOT alter, reproduce, store in retrieval system, distribute, disseminate, commercialise any information, products or services obtained from any part of this Website, sell, create derivative works from the content on this Website, publish, broadcast or transmit the material on this Website or any part thereof, unless authorised by Winner Partnership in writing or permitted by the Copyright Act 1968 (Cth).

Save for the above, Winner Partnership does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Website or in the user interface of the Website.

Trade marks

All trade marks that are included on this Website are the property of their respective owners and are protected by relevant laws in Australia and other countries. You must not use any of these trade marks (including the reproduction, modification, distribution, repudiation, display or communication of these trade marks) except by saving or printing out a copy of this Website for personal non-commercial use, unless expressly authorised by Winner Partnership or the owner of the relevant trade mark in writing.

Links from this Website

The external linked websites within the Website are not within the control of Winner Partnership. Winner Partnership does not take responsibility for the content in, or currency of, any externally linked sites. The inclusion of any link within the Website does not imply endorsement by Winner Partnership of the linked website, nor does it suggest any relationship with the organisation linked, unless stated otherwise.

Links to this Website

If you wish to establish a link to this Website you must, in the first instance, use the Contacts Link at the top of the page and provide the following information:

(i) the URL of the website that you seek to establish a link from;
(ii) a brief description of your website; and
(iii) the reason that you wish to establish a link.

If Winner Partnership agrees to your proposed link, you must comply with any terms and conditions imposed by Winner Partnership as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Winner Partnership and provide a new description of your website.

SPAM

Winner Partnership publishes electronic addresses on this Website to facilitate communication relating to our business functions. This is not to be inferred as consent by Winner Partnership or the relevant addresses to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).

Registration as a Member

You may access this Website anonymously as a visitor and will not be required to provide personal information. However, in order to access certain services and content on the Website you will be required to register to become a member via the Secure Client Centre. You must complete any registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Winner Partnership immediately of any unauthorized use of your account or any other breach of security. Winner Partnership will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Winner Partnership or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Cancellation of Membership

Winner Partnership reserves the right, in its sole but reasonable discretion, to cancel your membership, restrict, suspend, or terminate your access to all or any part of the Goods and Services at any time, with or without prior notice, and without liability, and delete any of your information (upon prior notification to you) that Winner Partnership, in its sole discretion, considers to be inappropriate or offensive. Winner Partnership acknowledges that information provided by other users and members may contain inaccurate, inappropriate or offensive content, and Winner Partnership does not assume any responsibility or liability for such content or material. Serious breaches of these Terms of Use may cause Winner Partnership to initiate legal action against you.

Use

Unless otherwise specified, any content or materials on the Website may be displayed and printed solely for your personal, non-commercial use within your organisation only. Illegal and/or unauthorised use of the Goods and Services, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited emails. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Goods and Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Winner Partnership.

Unlawful Use

As a condition of your use of the website and the Goods and Services, you will not engage in any unlawful use of the website, Goods and Services including (but not limited to):

using the Goods and Services in any manner that could damage, disable, overburden, or impair any Winner Partnership's server, or the network(s) connected to any Winner Partnership server;
interfering with any other party's use and enjoyment of any of the Goods and Services;
attempting to gain unauthorized access to any Goods and Services, other accounts, computer systems or networks connected to any Winner Partnership server or to any of the Goods and Services, through hacking, password mining or any other means;
obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Goods and Services;
violating any applicable laws;
using the website or any forum for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, sexist, indecent, scandalous, inflammatory or infringing on another person's rights or in violation of any laws;
providing links to any external website that are inappropriate;
distributing viruses, corrupted files, or any other software or programs that may damage the operation of any computer hardware or software;
collecting or storing personal data about other users of the website or the Goods and Services;
using spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the website;
using scripts, software or any other automated technique to generate or host content on the website
promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
promoting an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
engaging in the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
furthering or promoting any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
soliciting passwords or personal identifying information for commercial or unlawful purposes from other Users;
engaging in criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any goods or services through the Goods and Services'
interfering with, disrupting, or creating an undue burden on the Goods and Services or the networks or services connected to the Goods and Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Goods and Services in order to harass, abuse, or harm another person or for other database building purposes; and
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Goods and Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose.

You acknowledge and agree that Winner Partnership cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable user generated content will not appear on the website or otherwise be associated with the Website. You acknowledge and agree that by providing you with the ability to access, view and /or post generated content on the Website, the website is merely acting as a passive conduit for such distribution and Winner Partnership does not have any responsibility or liability whatsoever for any user generated contact submitted onto the Website or the actions of any registered members or users of the Website. You are legally responsible for the content you submit onto the website or any related forum in connection with the website and the Goods and Services. Whilst Winner Partnership is not liable to monitor any information submitted onto the website or any forum for inappropriate material, Winner Partnership may edit, remove or reuse to publish, without notification to you, any material or content Winner Partnership, in its sole discretion considers it to be inappropriate, including if the information is:

defamatory, or otherwise unlawful or that it violates laws regarding harassment, discrimination, privacy or contempt;
intentionally false or misleading;
an infringement of intellectual property rights or copyright.
abusive or offensive, including obscenity, blasphemy and racial vilification;
of nuisance value, inappropriate, off topic or vexatious;
compromising the privacy of yourself, other contributors or of Winner Partnership, or containing inappropriate personal information; or
deliberate provocation of other community members.

Liability

Winner Partnership makes no warranties or representations about this Website or any of its content. Winner Partnership is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of this Website whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise ,even if Winner Partnership is informed in advance of the possibility of such damages. Winner Partnership excludes, to the extent permitted by law, any liability which may arise as a result of the use of this Website. By using the Website, you agree to indemnify Winner Partnership for any loss or liability arising out of your use. Use of the Website is at your own risk and you assume full responsibility and risk of loss resulting from your downloading, use of, or access to data, files, information, or other material on or through the Website. Winner Partnership's aggregate liability to you for any other losses resulting from the use of the Website is limited to the nominal amount of $1.

Accessibility

This Website and the materials displayed on it may not be accessible from time to time due to act of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

Dispute Resolution

The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to these terms of Use by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.

Notwithstanding the existence of a dispute or difference each party shall continue to perform the terms of Use.

This clause shall survive termination of this Terms of Use.

Governing Law

The Terms of Use will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.