Terms of Use

TERMS & CONDITIONS OF USE

This website (“Website”) is owned and operated by Pact Group Holdings Ltd ABN 55 145 989 644 or its subsidiary companies (“Pact Group”). By accessing this Website you agree to the following terms and conditions (“Terms of Use”).

If you do not agree to these Terms of Use, you should not use or access this Website.

References to (a) “we”, “us” or “our” means Pact Group, and (b) “you” mean you as the user of the Website.

1. Eligibility to use Website
This Website is intended for users who are at least 18 years of age and are residing in and using this site within AustraliaPact Group makes no representations that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

2. Copyright in Website material
This Website (including its content, images and software) is subject to copyright. The copyright is owned by Pact Group, or in the case of some material, a third party. You may view this Website using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. You may draw the attention of others to content posted on this Website. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.Any other use, including the reproduction, modification, distribution, transmission, republication or display of any part of this Website is strictly prohibited without the prior written consent of Pact Group.

3. Trade marks
All trade marks, trade names, service marks and other product and service names and logos (“Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Pact Group or third parties.Nothing contained in this Website should be construed as giving you any right in or license to use any Mark of Pact Group or a third party which is displayed on this Website without their express permission.If you use any Mark of Pact Group to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks: (a) in or as the whole or part of your own Marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including this Website).

4. Third party sites
This Website may contain links to other websites operated by third parties. These links are provided for convenience only and may not remain current or be maintained.  Pact Group does not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk. When using these third party websites, you will be bound by the terms and conditions posted on these other websites.Unless otherwise expressly stated: (a)    Pact Group has no relationship with the owners or operators of the third party websites or control over or rights in those websites; and (b) links to third party websites should not be construed as a recommendation, endorsement or approval by Pact Group, or preference by us of the owners or operators of the websites, or for any information, goods or services referred to on those other websites.

5. Direct Electronic Messages
If you have provided us with your electronic contact information (e.g. email address / mobile phone number), (a) you consent to us sending direct electronic messages to you (including messages about our products or the goods and services of third parties) in accordance with our Privacy Policy and (b) you warrant that you are authorised to provide the electronic contact information to us.

6. Disclaimer
You acknowledge that access to this Website is at your own risk, and to the extent permitted by law:

a) The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. From time to time we may change the information on the Website without notice. However, we do not undertake to keep this Website updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. To the extent permitted by law, all representations, warranties and other terms are excluded.

b) Pact Group will in no way be liable to you or anyone else for any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.

7. User Generated Content
This Website may allow you to upload content, including reviews or testimonials, in connection with goods and/or services supplied by Pact Group (“UGC”). If you upload UGC, you are deemed to have consented to these Terms of Use.

All UGC must be your own work (or licensed to you) and must not infringe any intellectual property or other rights of a third party. You acknowledge that you are responsible for any UGC you submit or contribute, including its legality, reliability, accuracy and appropriateness.

You grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, modify and reproduce your UGC in any manner determined by us, in any form now or in the future. Pact Group may edit, use, vary, display, modify, reproduce, distribute, disclose or create derivative works from your UGC at its discretion. You agree that your UGC may be used by us in our marketing, together with your name and other identifying information provided to us. You acknowledge and agree that we are not required to pay or compensate you for use of your UGC.

Pact Group will only use your UGC in accordance with our Privacy Policy and these Terms of Use. You release Pact Group from any claims, actions, loss, cost, liability or expense of any kind whatsoever related in any way to Pact Group use of your UGC in accordance with these Terms of Use, except to the extent the liability is directly caused or contributed to by Pact Group breach.

You acknowledge that your UGC must not be for a Prohibited Use (see below). Pact Group may remove, refuse to use, or take other action with respect to any UGC that is not consistent with this requirement, or for any other reason at its sole discretion.

8. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local laws, regulations, rules, or orders; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet; (l) to transmit, or procure the sending of, any advertising or promotional material; or (m) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

9. Viruses
We recommend that you use virus protection software when using our Website (or any linked website) and that you take precautions to ensure that the process that you employ for accessing this Website is secure and does not expose you to interference which may damage your computer system. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked third party Website.

10. Indemnity
You indemnify Pact Group, its officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of, or conduct on, the Website in breach of these Terms of Use (including breach of any of your obligations under clauses 7, 8, or 9).

11. Cookies
Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies and other techniques such as web beacons to provide us with information about your Website usage, recognise your device when you return to the Website (e.g. to store preferences), as well as to assist us to improve and develop the products and services we offer. If you do not wish to receive cookies, you may set your browser so that your computer does not accept them. If you disable cookies on your web browser, you may not be able to fully experience all features on this Website.

We may log IP addresses to analyse trends, administer the Website, track users’ movements, and gather broad demographic information

12. Privacy
Any personally identifiable information that you submit through or in relation to the Website is collected and used by Pact Group in accordance with its Privacy Policy.

13. Changes to the Website and your access
Pact Group reserves the right to vary or discontinue the Website or any page of the Website, or terminate your access to part or all of the Website, at any time without notice.  You acknowledge that this Website may be inaccessible from time to time due to issues beyond our control or maintenance.

14. Governing law
These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts

15. Amendments
Pact Group reserves the right to amend these Terms of Use at any time without notice. Any amendment will come into effect from the time the amended Terms of Use are posted on the Website. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. Accordingly, you should read these Terms of Use from time to time for changes.

16. Transfer or assignment
These terms are binding on you and Pact Group and on any person to whom Pact Group might transfer its rights. You must not transfer, assign, charge or otherwise deal with a contract with Pact Group, or any of your rights or obligations arising under it, without our prior written consent. Pact Group may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of Pact Group rights or obligations arising under it, at any time.

17. Entire agreement
These Terms and any document expressly referred to in them represents the entire agreement between Pact Group and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

You acknowledge that, in entering into a contract with Pact Group, you have not relied on any representation, undertaking or promise given by Pact Group or any third party or implied from anything said or written in negotiations between us except as expressly stated in these Terms of Use.

18. Severance of clauses
If any clause of these Terms of Use is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms of Use and it will not affect the validity and enforceability of the remainder of the Terms of Use

19. Waiver
A failure or delay in exercising any right, power or remedy does not operate as a waiver.

20. Interpretation
A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation”.

 V1 – 200626

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