1. Introduction
a) The melbourneartcollective.com website and database is operated by Finch Corporation ACN 142 282 246
b) Your access to and use of the Database and any of the content or measures (including any customer questionnaires or surveys) (“Content”) made available on the Database is subject to these terms of use (“Terms”).
c) Please carefully read these Terms before you use this Website Database. In using and continuing to use the Database, you agree to be bound by these Terms. If you do not accept these Terms, you should not continue to use the Database
2. Changes to these Terms
a) We may change the Terms at any time by posting the changed Terms on the www.melbourneartcollective.com website
b) Amendments will be effective immediately upon notification on the Site. Your continued use of the Database following such notification will represent an agreement by you to be bound by the Terms as amended.
3. Usage rules
a) The Database and the Content is supplied solely for reference purposes
b) You may download and print individual measures from the Database for your own non-commercial use in the course of the normal use of the Database research purposes.
c) Except as permitted under the Copyright Act 1968 (Cth), other applicable laws, or as expressly authorised by us or these Terms, you must not:
(i) adapt, reproduce, copy, store, transmit, print, communicate to the public, distribute, publish, create derivative works from or use any part of the Database or the Content for any purpose whatsoever;
(ii) use any of the Database or the Content for commercial purposes or commercial gain or to establish, operate or maintain your own product or service offering;
(iii) whether through the use of additional software or otherwise, data mine or conduct automated searches of the Database or the Content;
(iv) incorporate any of the Content with any other material, including advertising and promotional material;
(v) create links to the Database from any other website on the internet or frame or mirror the Database;
(vi) tamper with, hinder the operation of or make any modifications to the Database or the Content;
(vii) knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Database; or
(viii) attempt to do, or permit any other person to do, any of the above acts.
4. Access to the Database outside Australia
We do not represent or warrant that the Database or the Content complies with the laws of any country outside of Australia. If you access and use the Database or the Content from outside Australia, you do so at your own risk.
5. Intellectual Property Rights
a) All intellectual property rights to the Database and the Content (including the software, design, text, data, icons, logos, sound recordings and graphics comprised in the Database and the layout of the Database) are owned by Finch Corporation 142 282 246 Information or materials procured from a third party may be the subject of copyright owned by that third party.
6. No warranty
a) We take all reasonable care in compiling the Database, including the Content. However, the Database and the Content is provided 'as is' and we do not warrant or represent that they are complete, current or free from errors or omissions.
b) We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the Database. However, the availability of our services and access to the Database may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the Database or the Content will be continuous, uninterrupted, timely, free from errors, faults or viruses, or secure.
7. Our liability to you
a) The Database and Content is being provided free of charge to you and as such you use it at your own risk and without warranty as set out above in clause 6.
b) We do not accept any liability to you for any losses (whether direct or otherwise) that result from your use of the Database or the Content, except that we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to the extent permitted by that legislation.
8. Your liability and indemnity to us
a) You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by our negligence.
b) You agree to indemnify us for all losses we directly or indirectly sustain or incur as a result of any breach by you of our (or our licensors’) intellectual property rights.