Terms and Conditions of Use

Last updated [13 March 2017] These terms and conditions (Terms) govern how you (you/your) may access or use the Vitrinite Pty Ltd website (Website).  These terms constitute a legally binding agreement between Vitrinite Pty Ltd ACN 167 744 578.

1. GENERAL

1.1 Your acceptance of Terms

  • It is a condition of use of this Website that you agree to the Terms in this section.
  • You will be deemed to be bound by these Terms (including any updated Terms published from time to time on the Website) when you use, browse, access or interact with any part of the Website.
  • It is your responsibility to check the Website regularly for any updates.
  • Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

1.2 Updates and changes

At our sole discretion we may:

  • update, change or discontinue any part of the Website from time to time; and
  • change these Terms and any relevant policies from time to time by publishing the latest version of these Terms and any policies on our Website at www.vitrinite.com.au.

1.3 Use

You:

  • must comply with applicable laws in the location that you access the Website from. If any laws prohibit or restrict you from using the Website, you must comply with those laws;
  • warrant that all information that you provide to us will be true, accurate and complete. If any information ceases to be true, accurate or complete you must inform us as soon as practicable; and
  • are solely responsible for all information, data and content stored on, published or accessed through the Website.

1.4 Privacy

  • Any personal information provided by you will be handled in accordance with our Privacy Policy found here.
  • You agree that by using or accessing the Website, or communication with Vitrinite, that you have read the Privacy Policy, understood its contents and consented to its requirements.

1.5 Intellectual Property

  • All intellectual property rights, including copyright, in the Website and its content are owned or licensed by Vitrinite or any of its related entities. You must not copy, modify or transmit any part of the Website or its content.
  • The Website contains logos, trademarks and trade names of Vitrinite or third parties which may be registered or otherwise protected by law; You are not permitted to use any logos, trademarks and trade names appearing on the Website.
  • Vitrinite grants you a non-exclusive and non-transferable licence to use the Website and its content for your own personal use, subject to the Restrictions in paragraph 1.5 below and to these Terms. It is not to be otherwise used for commercial exploitation.

1.6 Restrictions

You must not:

  • use the Website for any fraudulent or abusive purposes;
  • act in contravention of these Terms or with the laws of any relevant jurisdiction;
  • use the Website to disseminate, publish, store or transmit any unlawful material;
  • interfere with or disrupt the Website, servers or networks associated with the Website in any manner whatsoever, including, without limitation, using a virus, conducting a denial of service attack, or otherwise manufacturing an increased burden on our network or servers;
  • access, probe or use any non-publicly available areas of the Website, or exploit any vulnerabilities in the system or network, or otherwise breach or circumvent any security or authentication measures;
  • reverse engineer the Website or any component of the Website; or
  • access the Website with the intention of building a competitive product or service, or to copy any features, functions or the look and feel of the Website or our Services.

1.7 Third Party Products

“Third Party Products” means any third party applications, data, services, hardware or software operated by third parties and subject to third party terms and conditions which may be required to gain the benefits of the Services.  This includes, without limitation, your internet connection, mobile charges or other services.

You may require Third Party Products, such as an internet connection or mobile service, to access and use the Website.  You acknowledge that:

  • Third Party Products are not part of the Website and are owned and operated by third party providers;
  • your use of Third Party Products may be subject to the relevant third party provider’s fees and terms of use. You are responsible for payment of such fees to each third party provider and for compliance with all then current terms and conditions of the Third Party Products;
  • by providing any access codes, passwords or keys for Third Party Products to us, you authorise us to access any of your applications and infrastructure for the purpose of providing any services to you. We do not provide any warranties as to the security of its systems to keep the access codes, passwords or keys secure; and
  • Third Party Products may change, become obsolete or unavailable from time to time. We do not provide any warranties or guarantees in relation to Third Party Products used by you and it is your responsibility to conduct due diligence as to the suitability of the Third Party Product’s suitability to meet your needs. To the extent allowed by law, we disclaim all liability in relation to and arising out of the access or use of Third Party Products.

1.8 External Links

  • The third party websites which you may access via our website are provided to you for convenience only. These third party websites are independent from our website and we have no control over their availability or content. Vitrinite is not responsible for any content that is being provided by third parties and will not be liable for any direct, indirect, incidental, consequential, or punitive damages, losses, liabilities, expenses or costs of whatever nature, arising from or attributable to anyone having access to, or using, or not being able to use, this website or any external website.
  • Any external websites are subject to a separate terms and conditions and privacy policy and you should assess whether those (especially the privacy policy) of any external website is satisfactory prior to using those websites.

1.9 Indemnity

You will fully indemnify Vitrinite in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statue, in connection with any of the following:

  • any breach of these Terms by you;
  • your use of the Website; and
  • any communications with Vitrinite.

2. COOKIES

  • We may use cookies to help us track the pages that you have visited in order to continually improve and manage the Website.
  • A cookie is a small data file that a website may write to your hard drive when you visit the website. The only personal information a cookie can contain is information that you personally supply.
  • You can set your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it.
  • By agreeing to these Terms and Conditions, you accept that the Vitrinite Website writes cookies onto your hard drive when you access the Website.

3. DISCLAIMER

  • This website is intended to provide general information in summary form relating to Vitrinite Pty Ltd. Vitrinite, its related bodies corporate, officers, employees and contractors do not make or give any representation, warranty or guarantee in relation to the accuracy, adequacy or completeness of any of the information on this website, nor to its fitness for purposes or freedom from any computer viruses.
  • This Website is purely a public resource of general Vitrinite information.

4. FORWARD LOOKING STATEMENTS

  • The information on this Website may include certain statements that may be considered “forward-looking statements”. All statements, other than statements of historical fact that address future activities and events or developments that Vitrinite expects are forward-looking statements.
  • Although Vitrinite believes that such forward-looking statements are based on reasonable grounds, such statements are not guarantees of future performance and actual results or developments may differ materially from those in the forward-looking statements. Factors that could cause actual results to differ materially from those in forward-looking statements include market prices, continued viability of capital and financing, and general economic, market or business conditions.
  • Website users are cautioned that: any such statements are not guarantees of future performance; and that actual results or developments may differ materially from those projected in forward-looking statements.

5. JURISDICTION AND INTERNATIONAL USE

  • These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the Courts of the State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and their subject matter.
  • We make no representation or warranty that any offering or content accessible through the Website is appropriate or available for use in locations outside of Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws.  You are not authorised to access the Website from any location where do so would be illegal.