Terms and Conditions

1. Website Access
1.1 This website (Website) is owned and operated by GrayMatter. In these Website Terms of Use a reference “GrayMatter”, “our” or “us” is a reference to GrayMatter Marketing & Technologies Pty Ltd ACN 623 138 090, its related bodies corporate (within the meaning of Section 50 of the Corporations Act 2001 (Cth)) or any other related entities within the GrayMatter group of companies from time to time.

1.2 Your access to the Website is conditional upon you accepting and complying with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website, our Privacy Policy and all applicable laws (Terms of Use).

1.3 GrayMatter reserves the right at any time to:
(a) review these Terms of Use and update them on the Website;
(b) amend, update, change or remove any part of the Website;
(c) terminate, suspend or restrict your access to the Website if you are in violation of these Terms of Use; and
(d) stop or suspend the operation of this Website in our absolute discretion;

and you agree that we are not liable to you or any third party in any way should we exercise such rights, nor will you be relieved of any obligation you agreed to or incurred during your use of the Website.

1.4 Any revised Terms of Use will take effect when they are posted. Since you are bound by these Terms of Use each time you visit the Website, you should periodically visit this page by clicking the Terms and Conditions link. If the Terms of Use so revised are unacceptable to you, you must stop using the Website.

2. Website Content and Intellectual Property
2.1 The intellectual property rights, including copyright, in all material, information, graphics, sound, music, video, user interfaces, text, software, computer code, logos and advertisements (if any) on the Website (Content) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content are owned and/or controlled by GrayMatter unless stated expressly to the contrary on the Website.

2.2 Except as expressly permitted by GrayMatter, you must not download, upload to a third party, copy, modify, reproduce, republish or otherwise deal with the Content in any way (including to link from another website to the Website).

2.3 Nothing you do on or in relation to the Website or the Content will transfer any intellectual property rights to you or (other than rights expressly granted to you under these terms and conditions) licence you to exercise any intellectual property rights except as expressly agreed by us.

3. Your Use of the Website
3.1 This Website and all Content is provided “as is” and you agree that your use of the Website and any Content is entirely at your own risk. You must evaluate and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. We endeavour to provide a convenient and functional Website, but we do not guarantee that your requirements will be met or that any Content will be uninterrupted, error free or that the Website or the server that operates it are free of viruses or other harmful components.

3.2 You must not use our 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.

3.3 You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

3.4 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent. You must not use our Website to transmit or send unsolicited commercial communication. You must not use our Website for any purposes related to marketing without our express written consent.

3.5 We reserve the right to access or examine any material or content uploaded, hosted, emailed or otherwise electronically transmitted to the Website by users and at our discretion, move, remove or disable access to such material or content which we consider breaches any law or is otherwise unacceptable.

4. Privacy
4.1 Any personal or other information submitted by you to the Website or otherwise to GrayMatter is subject to GrayMatter’s Privacy Policy and you acknowledge that this policy is incorporated by reference and forms part of these Terms of Use.

4.2 You consent to us providing information, including your personal and business information, to (i) our related bodies corporate to provide information, goods and services to you, to (ii) third parties suppliers, including contractors and sub-contractors, who assist us in providing information, goods and services to you; and (iii) other third parties if you have expressly consented or have opted in to receiving marketing and product information from them at this Website.

4.3 You acknowledge that you have done and will do all things necessary, including but not limited to: (i) obtaining all appropriate consents from individuals;(ii) providing notifications to individuals; and (iii) maintaining accurate, up to date and complete records; to ensure that the personal information provided by you to GrayMatter at any time, and its use by GrayMatter in the provision of services, will not give rise to any contravention of the Privacy Act 1988 or the Spam Act 2003.

5. Cookies
5.1 Cookies are small pieces of information we transfer to your computer’s hard drive through your web browser that allows our server to identify and interact more effectively with your device. Cookies may also be used to keep track of goods or services you view, so that if you consent, we can send you news about those goods and services or assist you with any failed attempts to place orders.

5.2 You can configure your web browser to reject and delete cookies and block JavaScript but you may limit Website functionality.

5.3 By using our Website or agreeing to these Terms of Use, you consent to our use of cookies in accordance with our Privacy Policy.

6. Linked Sites
6.1 This Website may provide links to other websites operated by third parties, but if you access other websites through these links you do so at your own and sole risk.

6.2 GrayMatter does not endorse nor is it responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms of use applicable to any such websites. GrayMatter will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered by you as a result of your use of such websites.

7. Limitation of Liability
7.1 To the fullest extent permitted by law, any warranties express or implied in relation to the operation or availability of the Website or in connection with the accuracy or fitness for a particular purpose of any Content, goods or services on this Website, are specifically excluded. To the extent that any rights or remedies available under the law (including under the Competition and Consumer Act 2010 (Cth)) cannot be excluded, then to the extent permitted by law, our liability is limited, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair.

7.2 GrayMatter (including its officers, directors, agents, subcontractors and employees) will not, under any circumstances (including but not limited to any act or omission on their part), be liable for any indirect or consequential damages or any loss of profits, loss of bargain, loss of data or loss of use howsoever arising (even if they are foreseeable or if GrayMatter has been advised or is deemed to have constructive knowledge of the possibility of such damage) which result from any use or access of, or any inability to use or access, the Website or any Content.

8. Indemnity
You agree to indemnify, hold harmless and defend GrayMatter, our officers, directors, employees, agents, subcontractors, licensors and suppliers from and against all liabilities, loss, damages, claims, costs and expenses incurred by or awarded against GrayMatter (including reasonable legal fees) arising out of or in connection with your use of the Website or your violation of any of these terms and conditions.

9. Complaints
If you wish to make a complaint regarding content on the Website, please notify GrayMatter via email by clicking on the Contact Us tab.

10. Miscellaneous
10.1 If any part of portions of these Terms of Use shall be declared invalid, void or enforceable, the remaining Terms of Use shall remain in force and effect.

10.2 These Terms of Use set forth the entire agreement between you and us relating to your access and use of the Website.

10.3 If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

10.4 These Terms of Use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation on the Website.

10.5 You agree that where you request information or services via the Website, we may communicate with your electronically in connection with the purchase, including sending you electronic notices.

10.6 The provision of these Terms of Use which are capable of having effect after their termination or expiry will survive cancellation of your registration or termination or expiry of these Terms of Use.

10.7 The Terms of Use are governed by the laws of New South Wales and subject to the non-exclusive jurisdiction of the courts of New South Wales.