Terms of Use

This website is provided to you by Bennu Ignite Pty Ltd (“we” or “us”) and references in these Terms of Use to this website includes a reference to all content that it sets out or contains, and, unless the context requires otherwise, to any third party sites to which it refers or contains links to. References to “persons” include references to natural persons, corporations and other entities, whether or not incorporated.

Please take a moment to read these Terms of Use. By accessing or using this website, you accept and agree to be bound by these Terms of Use, with effect from the time of your first use of this website.

This website is always evolving, and we may therefore change these Terms of Use from time to time. By continuing to use this website after any such changes are made to this page, you accept these Terms of Use, as varied.

1. Using good judgement

Use good judgment and common sense when you use our and anybody else’s websites. The content that appears on this website is for information purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Some of the content you find on this website was not created, edited, or posted by us (for example, the comments or replies at the bottom of pages). The materials posted by third parties on this website represent the views of those third parties only and are not endorsed by us, nor do we guarantee the accuracy of any posting (whether our own or of a third party). We cannot vouch for the information, goods, or services that advertisers, merchants, users or other persons you meet through this website offer to you, whether these persons are the subject of an advertisement on this website, a posting on this website, a third party comment or reply, or otherwise. Before you act on information you have obtained through this website, confirm any facts that are important to your decision and check the information against other relevant information that is available.

2. Rules for submissions and messages

a. Submissions and messages

Responsibility for what is posted in the comments or replies at the bottom of pages, or other submission or messaging functions on this website, lies with each user – you alone are responsible for the content of your messages, and the consequences of any such messages.

You agree not to use our sites to send or submit materials that:

i. are false, inaccurate or misleading;

ii. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

iii. violate any law, statute, ordinance or regulation, whether of Australia or any other jurisdiction;

iv. are defamatory, libelous, threatening, harassing, obscene, pornographic or otherwise offensive to any person or group of persons;

v. contain any viruses, Trojan horses, worms or other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

vi. might create liability or loss for us of any nature;

vii. interfere with the ability of others to enjoy this website;

viii. impersonate any other person, whether actual or fictitious, including impersonating an officer, employee or consultant of ours;

ix. link to or include descriptions of goods or services in respect of which our prior consent has not been sought and obtained, or that are otherwise prohibited under these Terms of Use or that you do not have a right to link to or include;

x. contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship; or

xi. encourage others to commit illegal activities or cause injury or property damage to any person.

We usually a passive conduit for the information users of this website submit and cannot (and do not) review every comment, reply, submission or other message a user may make. We neither endorse nor guarantee the accuracy or propriety of any such comment, reply, submission or message.

We reserve the right, but do not assume the obligation, to restrict or prohibit your use of this website if we believe you are violating any of these Terms of Use. We also reserve the right to remove, edit, or relocate any comment, reply, submission or other message of any user as we see fit, whether for legal or other reasons.

You may not use our or any other user’s information contained in, or available or retrieved from, this website, whether personal or otherwise, for any commercial purpose. Your use of this website is limited to personal, non-commercial purposes. Your commercial exploitation of this website is strictly prohibited, unless we grant prior written permission.

3. Rights

You acknowledge that:

i. we permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”) and;

ii. these Terms of Use and applicable copyright, trademark and other laws govern your use of such content.

a. Limited license to you

You may display and print for your personal, non-commercial use information that you receive through this website. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. The burden of determining whether any content on our sites is or is not protected by Rights rests with you.

b. Links and framing

You may encourage others to access the information on this website. We welcome links to this website. You may establish a hypertext link to this website so long as the link does not state or imply any sponsorship or endorsement of your site by us.

You may not, without our prior written consent, frame, or in-line link to, any of the content of this website, or incorporate into any other website or service any of our intellectual property.

c. Marks

You may not use any mark appearing on this website without the prior written consent of the owner of the mark. The Bennu Ignite logos and marks are owned by Bennu Ignite Pty Ltd.

d. License to us

By submitting material to or through this website (including in any comment or reply), you grant us and our officers, employees, agents, licensors, affiliates and service providers (collectively, “Affiliates”), the non-exclusive royalty-free right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. You agree that we and our Affiliates may (but are not required to) identify you as the author of any of your submissions (including by name, email address or screen name) as we see appropriate. You also permit any other user to access, display, and print such content for use on the terms of these Terms of Use. By submitting material to us, you are representing and warranting to us that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner, and by submitting any such materials, you are representing and warranting to us that you have done so.

e. Notice of copyright infringement

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us via the “Contact” page of this website. We may access and disclose your personally identifiable information in order to investigate and address any claim that you make.

f. Indemnity

You indemnify us and our Affiliates in relation to any loss arising from any claim that may arise from your use of any of our sites, whether that claim is made by you or any other person.

4. Third party services

We may provide links on this website to third-party websites. Those websites and the parties that control them are beyond our control. We make no representation nor give any guarantee as to the content (including accuracy, completeness or otherwise), quality, suitability, functionality or legality of any such websites, and you waive any claim you might have against us or our Affiliates with respect to such websites and their operators.

You may order services or merchandise through links on this website from persons not affiliated with us. All matters concerning such merchandise or services are solely between you and the merchants with whom you chose to do business. We make no representations nor give any guarantees with regard to any goods or services provided by those merchants. You will not consider us or our Affiliates (nor will we be deemed) a party to, or in any way involved in, such transactions under any circumstances, and we will not be liable for any costs, loss or damages arising out of any transaction (whether directly or indirectly) between you and any other person.

5. Disclaimer of warranties

You agree that use of this website is at your sole risk. This website is provided on an “as is” and “as available” basis. We and our Affiliates cannot and do not warrant or guarantee the accuracy, completeness, currency, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and services available through this website nor that the website will be error-free, secure, continuously available or free of viruses or other harmful components.

You agree that if you rely on any information, material or service obtained through this website, you do so at your own risk. You are solely responsible for any damage or loss (whether to you or to any other person) that results from your use of, or reliance on, any information, material or service, and you waive any claim that you may have against us or our Affiliates in any way connected with such use or reliance.

None of Bennu Ignite Pty Ltd, its Affiliates or the users of this website (when such users are participating in the website), are or will deemed to be engaged in rendering legal, medical, psychological or other professional services or advice through their activities in any way connected to this website.

6. Limitation of Liability

Under no circumstances will Bennu Ignite Pty Ltd or its Affiliates be liable to you or anyone else for any loss or damages arising in any way, whether directly or indirectly, out of your use of this website, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. You agree that the liability of Bennu Ignite Pty Ltd and its Affiliates, if any, arising out of any kind of legal claim in any way connected to this Website will not exceed the amount that you paid to us to use the website. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you or may only partly apply to you. In such jurisdictions, the liability of Bennu Ignite and its Affiliates is limited to the fullest extent permitted by the applicable law.

You undertake to not make, assist in the making of, or otherwise be in any way involved with, any claim against us or our Affiliates that is inconsistent with the above limitation of liability or any other similar provision in these Terms of Use.

7. Discontinuance or restriction

We may discontinue, change, suspend, or restrict access to this website or any portion of it at any time, whether in respect of one or more user, all users or any subset, without liability to you or any other person.

8. Applicable law and jurisdiction

This website is controlled and operated by Bennu Ignite Pty Ltd from the State of New South Wales in the commonwealth of Australia. If you choose to access this website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute an agreement between you and us made in, and to be construed in accordance with the laws of, the State of New South Wales. By using this website, you consent to the exclusive jurisdiction of the courts of New South Wales (and the courts in which appeals from those courts are heard) in respect of all disputes arising out of or relating to this agreement or this website.

9. Dispute resolution

You agree not take any legal action against us that relates to or arises out of any of this websites without first (a) sending us, via registered mail or overnight courier, a written description of the facts and law in connection with which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to us to the address of our registered office (or as we otherwise notify to you in writing from time to time).

10. Miscellaneous

If any provision of these Terms of Use conflicts with the law under which they are to be construed, or if any provision is held invalid by a court with jurisdiction over the parties to these Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

If either party fails to insist upon or enforce strict performance by the other party of any provision of these Terms of Use, or to exercise any right under these Terms of Use, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.

Any promise or undertaking that you make in these Terms of Use in favour of our Affiliates is held by us on trust for, or as agent for, those Affiliates and you agree that we may enforce those promises or undertakings on their behalf or our Affiliates may enforce them directly.

These Terms of Use constitute the entire agreement between you and us as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter. You represent, warrant and acknowledge that neither we nor our Affiliates have made any representation, warranty or undertaking, or given any guarantee, in any way relating to or in connection with this website (including its content) that is not set out in full in these Terms of Use, whether before, on or after the date on which this agreement is taken to come into effect.

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