Terms of Use

Introduction

Welcome to the Insight Web Site. The Web Site is owned and operated by Insight. The Conditions set out in the notice apply and govern your use of the Insight Web Site.

Definitions

“Insight” means Insight Mercantile Pty Ltd (ACN 076 197 941) and its subsidiaries, affiliates, related companies, employees and contractors.

“Conditions” means the terms and conditions of use of this Web Site and any added or substituted terms and conditions.

“Web Site” means this Web Site.

Agreement to use of this Web Site

You agree to be bound by these Conditions by the use of the Web Site. By using and accessing this Web Site you agree to and accept these Conditions.

You agree that Insight may change these Conditions at any time and at its sole discretion.

Links

The Web Site may contain links to other sites on the internet or you may be able to access other such sites from the Web Site. The existence of any link on the Web Site is not a statement, warranty or representation by Insight that it endorses that other site or its products or services and Insight makes no warranties or representations regarding any statement, warranty or representation made on such other site or in respect of any products or services provided by or available from the site. The exclusions in this clause apply to any material, statements, warranties or representations from another site which are displayed or framed on the Web Site.

No Warranties

Insight does not warrant the accuracy, adequacy or completeness of information on the Web Site. All information is subject to change without notice. Insight does not guarantee or warrant that the Web Site or any sites accessed from or by a link on the Web Site will be free from viruses, or that access to the Web Site or other sites will be uninterrupted or confidential.

You acknowledge that internet security cannot be guaranteed and that:

(a)        transmissions to or from the Web Site may be intercepted, read, copied, modified or used by third parties and that these events may occur without your knowledge or consent;

(b)        material obtained through or from the Web Site may contain computer viruses or other damaging items.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, Insight is not liable to you for any losses, damages, liabilities, claims and expenses whatsoever arising out of or referable to the Web Site or to a site accessed from or by use of a link on the Web Site. Where a term is implied by law such term shall be excluded or, if it cannot be excluded, shall be modified to the extent allowed. In such circumstances, Insight’s liability shall be limited, at its option, to replacement or repairing of any goods or the payment of the cost of any goods or the supply of any services again or the payment of the cost of any services.

Intellectual property

You acknowledge that copyright in material and any trade marks (whether registered or unregistered) on or accessible on or from the Web Site (including text, graphics and format) are owned by Insight or by third parties that have licensed them to Insight.

The material on the Web Site must not be used except to the extent necessary to view or browse the Web Site, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Conditions.

Uploaded material

You warrant that you have the right to upload any material uploaded or transmitted or posted to the Web Site. You perpetually and irrevocably license Insight to use such material as it thinks fit and you waive any moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in any such material.

You indemnify Insight against any losses, expenses or damage resulting from a breach of this warranty or which result or arise if the licence is invalid, unenforceable or granted without authority.

Termination

Insight may terminate your access to the Web Site at any time and without compensation. No prior notice is required before termination of your access. All licences granted by you and all disclaimers and limitations of liability by Insight will survive termination.

Jurisdiction

The law applicable to use of the Web Site is the law of the State of Western Australia, Australia.