ELEPHANT GROUP WEBSITE TERMS & CONDITIONS OF USE
Welcome to the Elephant Group Website (“Site”). Please read these Terms & Conditions carefully. By accessing or using the Site you become a user of the Site (“User”). Where we refer to “Elephant Group”, we mean Elephant Group (Aust) Pty Ltd.
As a User of the Site you agree that you have read and understood these Terms & Conditions and that you agree to be bound by these Terms & Conditions (“Agreement”). Elephant Group reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users.
2. Proprietary Rights in the Site
2.1 All material on the Site including, but not limited to, underlying software, code, design, text, graphics, footage, sound recordings, musical works and other files are owned or controlled by, or licensed to, Elephant Group (“Elephant Group Materials”). All rights are reserved. No Elephant Group Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Elephant Group.
2.2 All trademarks, logos, trade dress and service marks on the Site are either trademarks or registered trademarks of Elephant Group or third parties that have authorised such use and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Elephant Group.
3. No Warranties
3.1 The Site is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use, accessibility or warranties that access or use of the Site will be uninterrupted or error-free, and that the Site and/or the User materials will be secure or free of viruses or other harmful material or elements, or that any of the User materials will be correct, accurate, timely or complete.
3.2 The Elephant Group Materials may include technical inaccuracies or typographical or other types of errors. Elephant Group has the right to make changes, modifications and updates to any Elephant Group Materials contained on the Site without prior notice.
5. Links to External Websites
5.1 Through this Site the User may be able to link to other third party websites which are not under the control of Elephant Group. Elephant Group has no control over the nature, content and availability of those external websites. The inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such third party websites.
6.1 Elephant Group is in no way responsible for;
- the conduct and behaviour of any User, whether on the Site or otherwise;
- any incorrect or inaccurate content on the Site; or
- the consequences of any malfunction of any equipment or programming associated with the operation of the Site.
6.2 There may be times when the Site is temporarily unavailable to the User due to maintenance or any other reason beyond the control of Elephant Group. In the event that the Site is unavailable Elephant Group is in no way responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications or contributions.
6.3 Under no circumstances will Elephant Group be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from the User’s use of the Web Site or any interactions between Users of the Site, whether occurring on the Site or otherwise.
7. User Warranties
7.1 BY USING THE SITE, THE USER WARRANTS THE THAT THE ELEPHANT GROUP SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE.
7.2 Where user login access is applicable, you are responsible for maintaining the confidentiality of your user name and password (as applicable) and to ensure that there is no improper use of the Site. We may immediately terminate access to the Site, without notice, in the event of a breach of the Terms and Conditions or where there has been an improper use of the Site.
7.3 The User warrants to Elephant Group that it shall not refer to Elephant Group, Elephant Group employees, Elephant Group Materials, or any of the third parties listed on the Site, in any publication (in any media now known or invented hereafter) without the prior written consent of Elephant Group, which it may withhold in its absolute discretion. Further, the User warrants to Elephant Group that it shall not make any defamatory statements about, or in connection with, Elephant Group, Elephant Group employees and/or any of the third parties listed on the Site.
8.1 The User indemnifies Elephant Group, and holds it, its officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms & Conditions, or the User’s violation of any laws, regulations or third party rights.
8.2 The User hereby holds Elephant Group, its officers, directors, employees and licensors harmless against any loss or damage suffered in the event that any aspect of the Site does not function as intended for any reason beyond the reasonable control of Elephant Group and particularly in connection with:
- The use or misuse of the Site and any of the Elephant Materials;
- Any loss or modification of any information or materials transmitted to or from the Site;
- Any service interruptions caused by an internet service provider;
- Any internet connection;
- Any fault or deficiency in computer hardware or software; or
- Any fault or deficiency in audio/visual hardware.
Should Elephant Group in its sole discretion, determine that any party has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
9.1 The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Elephant Group. Elephant Group reserves its right to assign the provisions of these this Agreement at any time.
10. Governing Law and Jurisdiction
10.1 These Terms & Conditions and the access and use of the Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, the Users accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.
10.2 Users are solely responsible for compliance with any applicable laws of the country from which they access this Site.
11. Contact Us
If you have any questions about these Terms & Conditions please contact us