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Terms & Conditions

WIT Group TERMS AND CONDITIONS

Last Updated: 09-11-2018

 

INTRODUCTION

 

The Terms and Conditions (“Terms”)
describe how WIT Group, Suite 1.01 85 Buckhurst Street, South Melbourne,
Victoria 3205.
(“WIT Group,” “we,” and “our”)
regulates your use of this website www.witgroup.com.au
(the “Site”). Please read the following information carefully to
understand our practices regarding your use of the Site. The Company may change
the Terms at any time. The Company may inform you of the changes to the Terms
using the available means of communication. The Company recommends you to check
the Site frequently to see the actual version of the Terms and their previous
versions.

 

If you represent a legal entity, you
certify that you’re entitled by such a legal entity to conclude the Terms as
the legal entity you represent.

 

  1. PRIVACY POLICY

Our Privacy Policy is available on a
separate page. Our Privacy Policy explains to you how we process information
about you. You shall understand that through your use of the Site you
acknowledge the processing of this information shall be undertaken in
accordance with the Privacy Policy.

  1. YOUR ACCOUNT

[When using the Site, you shall be
responsible for ensuring the confidentiality of your account, password and
other credentials and for secure access to your device. You shall not assign
your account to anyone. The Company is not responsible for unauthorized access
to your account that results from misappropriation or theft of your account.
The Company may refuse or cancel service, terminate your account, and remove or
edit content.

The Company does not knowingly collect
personal data from persons under the age of 16 (sixteen). If you are under 16
(sixteen) years old, you may not use the Site and may not enter into the Terms
under any circumstances.]

  1. SERVICES

The Site allows you to use Services
available on the Site. You shall not use the services for the illegal aims.

We may, at our sole discretion, set fees
for using the Site for you. All prices are published separately on relevant
pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which
also may have their commissions. Such commissions may be implied on you when
you choose a particular payment system. Detailed information about commissions
of such payment systems may be found on their websites..

  1. THIRD PARTY SERVICES

The Site may include links to other sites,
applications, and platforms (hereinafter the “Linked Sites“).

The Company does not control the Linked
Sites, and shall not be responsible for the content and other materials of the
Linked Sites. The Company makes these links available to you for providing the
functionality or services on the Site.

  1. PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable,
non-exclusive, revocable license to access and use the Site from one device in
accordance with the Terms.

You shall not use the Site for unlawful or
prohibited purpose. You may not use the Site in a way that may disable, damage,
or interfere in the Site.

All content present on the Site includes
text, code, graphics, logos, images, compilation, software used on the Site
(hereinafter and hereinbefore the “Content“). The Content is the
property of the Company or its contractors and protected by intellectual
property laws that protect such rights. You agree to use all copyright and
other proprietary notices or restrictions contained in the Content and you are
prohibited from changing the Content.

You may not publish, transmit, modify,
reverse engineer, participate in the transfer, or create and sell derivative
works, or in any way use any of the Content. Your enjoyment of the Site shall
not entitle you to make any illegal and disallowed use of the Content, and in
particular you shall not change proprietary rights or notices in the Content.
You shall use the Content only for your personal and non-commercial use. The
Company does not grant you any licenses to the intellectual property of the
Company.

  1. THE COMPANY MATERIALS

By posting, uploading, inputting,
providing or submitting your Content you are granting the Company to use your
Content in connection with the operation of Company’s business including, but
not limited to, the rights to transmit, publicly display, distribute, publicly
perform, copy, reproduce, and translate your Content; and to publish your name
in connection with your Content.

No compensation shall be paid with regard
to the use of your Content. The Company shall have no obligation to publish or
enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting,
providing or submitting your Content you warrant and represent that you own all
of the rights to your Content.

  1. DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may
include typographical errors or inaccuracies. The Company shall not be liable
for these inaccuracies and errors.

The Company makes no representations about
the availability, accuracy, reliability, suitability, and timeliness of the
Content contained on and services available on the Site. To the maximum extent
allowed by the applicable law, all such Content and services are provided on
the “as is” basis. The Company disclaims all warranties and conditions
regarding this Content and services, including warranties and provisions of
merchantability, fitness for a certain purpose.

To the maximum extent permitted by the
applicable law, in no event shall the Company be liable for any direct,
indirect, incidental, consequential, special, punitive damages including, but
not limited to, damages for loss of enjoyment, data or profits, in the
connection with the enjoyment or execution of the Site in the context of the
inability or delay to enjoy the Site or its services, or for any Content of the
Site, or otherwise arising out of the enjoyment of the Site, based on contract
and non-contract liability or other reason.

If the exclusion or limitation of
liability for damages, whether consequential or incidental, are prohibited in a
particular case, the exclusion or limitation of liability shall not apply to
you.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold
harmless the Company, its managers, directors, employees, agents, and third
parties, for any costs, losses, expenses (including attorneys’ fees),
liabilities regarding or arising out of your enjoyment of or inability to enjoy
the Site or its services and Company’s services and products, your violation of
the Terms or your violation of any rights of third parties, or your violation
of the applicable law. The may assume the exclusive defence and you shall
cooperate with the Company in asserting any available defences.

  1. TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and
account to the Site and its related services or any part at any time, without
notice, in case of your violation of the Terms.

  1. MISCELLANEOUS

The governing law of the Terms shall be
the substantive laws of the country where the Company is set up, except the
conflict of laws rules. You shall not use the Site in jurisdictions that do not
give effect to all provisions of the Terms.

No joint venture, partnership, employment,
or agency relationship shall be implied between you and the Company as a result
of the Terms or use of the Site.

Nothing in the Terms shall be a derogation
of the Company’s right to comply with governmental, court, police, and law
enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to
be void or unenforceable in accordance with applicable law then the void or
unenforceable clauses will be deemed superseded by valid and enforceable
clauses shall be similar to the original version of the Terms and other parts
and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement
between you and the Company regarding the enjoyment of the Site and the Terms
supersede all prior or communications and offers, whether electronic, oral or
written, between you and the Company.

The Company and its affiliates shall not
be liable for a failure or delay to fulfil its obligations where the failure or
delay results from any cause beyond Company’s reasonable control, including
technical failures, natural disasters, blockages, embargoes, riots, acts,
regulation, legislation, or orders of government, terroristic acts, war, or any
other force outside of Company’s control.

In case of controversies, demands, claims,
disputes, or causes of action between the Company and you relating to the Site
or other related issues, or the Terms, you and the Company agree to attempt to
resolve such controversies, demands, claims, disputes, or causes of action by
good faith negotiation, and in case of failure of such negotiation, exclusively
through the courts of the country where the Company is set up.

  1. Complaints

We are committed to resolve any complaints
about our collection or use of your personal data. If you would like to make a
complaint regarding this  Terms or our practices in relation to your
personal data, please contact us. We will reply to
your complaint as soon as we can and in any event, within 30 days. We hope to
resolve any complaint brought to our attention, however if you feel that your
complaint has not been adequately resolved, you reserve the right to contact your
local data protection supervisory authority

  1. Contact Information

We welcome your comments or questions
about these Terms. You may contact us in writing at nfo@witgroup.com.au
or Suite 1.01 85 Buckhurst Street, South Melbourne, Victoria 3205.