TERMS OF USE *

TERMS OF USE / TERMS OF ACCESS

Use Agreement for :

PURPLESTAR.COM.AU Website FOR PURPLESTAR COMMUNICATIONS PTY LTD.
Purplestar Communications Pty Ltd – being/ref
(Purplestar Comms, Purplestar, PSC, “we”,“us”).
and Website user (“you”)

THIS VERSION IN EFFECT SINCE OCTOBER 7, 2012

THIS AGREEMENT GOVERNS YOUR USE OF THE PURPLESTAR.COM.AU Website AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THE WEB SITE. IT EXEMPTS PURPLESTAR PTY LTD AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEB SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.

This Agreement contains the following provisions:

  1. Your Acceptance of this Agreement
  2. Scope of this Agreement
  3. Changes to this Agreement
  4. Permission to Use the Web Site
  5. Web Site Communications and Orders
  6. Errors
  7. No Advice
  8. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
  9. Ownership and Permitted Uses of the Web Site
  10. Trademark Information
  11. Personal Information Privacy
  12. Other Sites
  13. Linking, Framing, Mirroring, Scraping and Data-Mining the Web Site
  14. Termination of this Agreement and the Web Site
  15. Governing Law and Dispute Resolution
  16. Other Matters

1. THE AGREEMENT

1.1 These terms and conditions in this Agreement ("the Agreement") apply to the use of this web site located at www.purplestar.com.au ("the Site"). When using this Site, you agree to be bound by this Agreement.

1.2 If you do not accept the terms and conditions in this Agreement, you must refrain from using the Site immediately.

1.3 The Agreement must be used and accepted in conjunction with the Privacy Statement, and any other applicable terms and conditions governing the use of the Site.

2. YOUR ACCEPTANCE OF THIS AGREEMENT

2.1 This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and PURPLESTAR COMMUNICATIONS PTY LTD (“PURPLESTAR“), and governs your use of the PURPLESTAR.com.au web site and the content, information and services provided through the PURPLESTAR.com.au web site (collectively the “Web Site“).

2.2 This Agreement also provides benefits to PURPLESTAR’s affiliates, service providers, suppliers and sub-contractors, including various PURPLESTAR businesses around the world (collectively “Affiliates and Providers“).

2.3 Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use this Web Site.

3. SCOPE OF THIS AGREEMENT

3.1 This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with PURPLESTAR or Affiliates and Providers (now or in the future) concerning your dealings with PURPLESTAR or Affiliates and Providers generally.

3.2 This Agreement and all other agreements that you or any persons you represent have with PURPLESTAR or Affiliates and Providers (now or in the future) together constitute the entire agreement regarding your access to and use of the Web Site, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the Web Site.

3.3 In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with PURPLESTAR or Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Web Site.

4. CHANGES TO THIS AGREEMENT

4.1 PURPLESTAR may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.

4.2 Your continued use of the Site following such notification will represent an agreement by you to be bound by the Agreement as amended.

5. PERMISSION TO USE THE WEB SITE

5.1 The Web Site may be accessed and used only by individuals who have:

  • reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and
  • accepted this Agreement.

5.2 Persons using the Web Site must comply with all applicable laws. PURPLESTAR may in its discretion refuse permission to access and use the Web Site.

6. WEB SITE COMMUNICATIONS AND ORDERS

6.1 The Web Site is a portal and information conduit to other web sites and businesses operated by Affiliates and Providers. Affiliates and Providers may be independent from PURPLESTAR, their web sites may have different or inconsistent terms of use or privacy notices, and their services may be provided under different terms and conditions.

6.2 Your dealings with Affiliates and Providers and use of their web sites are at your own risk, and you shall not make any claim against PURPLESTAR arising out of those matters.

6.3 As between you and PURPLESTAR, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your dealings with any Affiliates and Providers and use of their web sites.

6.4 By activating certain links, including order-related links, you may be automatically connected with web sites operated by Affiliates and Providers. If you use the Web Site to initiate communication regarding your staffing/work needs, the information you submit may be disclosed to, and processed and responded by, Affiliates and Providers.

6.5 All communications you submit through the Web Site or e-mail must be true, accurate and complete. PURPLESTAR and Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the Web Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to PURPLESTAR, you and all persons you represent will be liable for any loss, damage or additional costs that you, PURPLESTAR, Affiliates and Providers, or other persons may incur as a result.

6.6 You authorize PURPLESTAR and Affiliates and Providers to:

  • accept communications that they receive from you by means of the Web Site or e-mail as if those communications had been given directly by you in writing and signed by you;
  • disclose your communications to any Affiliates and Providers, and PURPLESTAR workers by means of the Web Site, e-mail or other communications; and
  • respond to your communications by means of Internet communications, e-mail or other communications.

6.7 Communications you send to PURPLESTAR by means of the Web Site or e-mail are not effective unless and until they are processed by the responsible PURPLESTAR representative.

6.8 PURPLESTAR may refuse to process any communications sent to PURPLESTAR by means of the Web Site or e-mail, or may reverse the processing of any communications sent to PURPLESTAR by means of the Web Site or e-mail, at any time in PURPLESTAR’s discretion, and without any notice or liability to you or any other person, including, without limitation, if:

  • PURPLESTAR cannot process the communications;
  • the communications violate any provision in this Agreement or any other agreement that you or any other person may have with PURPLESTAR;
  • PURPLESTAR considers that the communications conflict with any other instructions or agreements with you or any person you represent; or
  • there is an operational failure or malfunction in connection with the transmission of the communications.

6.9 Communications that are submitted to Mr. John Jandura or other named PURPLESTAR personnel through the Web site may be answered by other staff, rather than by Mr. Jandura or the named individuals, personally.

7. ERRORS

7.1 PURPLESTAR endeavors to provide accurate information through the Web Site. Nevertheless, errors may occur. Accordingly, PURPLESTAR reserves the right to change other information available through the Web Site at any time and from time to time without any notice or liability to you or any other person.

8. NO ADVICE

The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; whether: investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.

9. ASSESSMENT AND SCREENING SERVICES (If applicable)

The following terms set forth in this Section 9 applies to assessment and screening services offered on the Web Site and the assessment and screening system provided on the Web Site (hereinafter: “the Assessment and Screening Services”, “the Terms” and “the System”). Any and all rights not expressly granted in these Terms are reserved by PURPLESTAR. PURPLESTAR reserves the right to change these Terms, at its sole discretion, any time or from time to time.

IF YOU DO NOT AGREE TO, OR ARE NOT COMFORTABLE WITH THESE TERMS OR ANY PART THEREOF, PLEASE DO NOT USE THE ASSESSMENT AND SCREENING SERVICES. USING THESE ASSESSMENT AND SCREENING SERVICES OR ANY PART THEREOF IN ANY WAY, SIGNIFIES YOUR CONSENT TO BE BOUND BY THESE TERMS AND ANY PART THEREOF.

9.1 Your License to Use the PURPLESTAR System

We hereby grant you a non-exclusive, non-transferable, world-wide, personal license under the PURPLESTAR intellectual property rights, to use the System subject to the Terms. By this license you are granted a limited right to use the System as stated, but you are not and will not become the owner of the System or any part thereof. Only you may use the System, and you may not rent, lease, lend, sub-license or transfer the System or any part thereof nor any of your rights under the Terms to anyone else. You may not develop or derive for commercial use any data in machine-readable or other form that incorporates or uses any part of the System.

9.2 Your Use of the System

You are allowed to use the System only for personal and non commercial use.

Except as otherwise provided herein, you may not alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, publicly display, transfer, sell or use in any other way, the System, any information or content contained in the System or any part thereof without the prior express written permission of PURPLESTAR.

9.2.1 Your User Responsibilities

You may only use the System and any part thereof for lawful purposes. As one of the conditions of your use, you warrant and represent that you are a genuine and bona fide job applicant and that you are not using the System for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the System complies with these Terms. You may not use the System or any part thereof to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of others’ privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party right including by submitting content that you do not have rights in; and (iii) advertising, offering, soliciting, licensing or granting public access to any content offered on the System. In addition, in order to allow us to maintain reliable and effective System, you specifically agree to refrain from intentionally providing any irrelevant, misleading or wrongful information and answers to questions or queries found on the System.

You warrant and affirm that you will NOT:

  1. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  2. Allow someone to help or assist you in completing any component of the System;
  3. Help or assist anyone else in competing any component of the system;
  4. Provide any incomplete, false or inaccurate information on any application submitted for a job through the System;
  5. Post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data;
  6. Eavesdrop, commit electronic trespassing, fraud or forgery, sniff, spam, nuke, hack, spoof, break passwords, contaminate the System, cause unauthorized, damaging and/or harmful access and/or retrieval of information and data;
  7. Create deep linking from any other page to any part of the System;
  8. Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  9. Upload or transmit any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; and not
  10. Delete or revise any material posted by another person or entity.

9.2.2 Changes to the Service

We reserve the right, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionality of the System or any part thereof, without prior notice. We may, at any time, suspend or cancel the System or any part thereof for any reason without prior notice. This version of the System is provided to you free of charge. Nevertheless, we expressly reserve the rights to charge you for the use of the System or certain parts thereof and change these Terms to reflect such changes. However, we will not charge you for using the System or certain portions of the System, before receiving your consent, though we reserve the right to terminate your membership with us and cancel your registration for the System, in whole or in part, should you refuse to provide such consent and payment if and when so required.

9.2.3 Waiver of Right to see Tests and Results

The information and other content you provide to us will be processed and assessed in the System for use by the recruiters who post jobs on the System. The tests you will be undergoing and the results thereof will not be available to you and you hereby waive any rights to see such tests and/or results or any part thereof.

9.2.4 Waiver of Right for Revenues

YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS AS TO ANY REVENUES OR BENEFITS WE DERIVE FROM YOUR USE OR DISTRIBUTION OF ANY CONTENT YOU TRANSMIT OR OTHERWISE DELIVER TO US.

9.3 Privacy Policy

By using the System, you may post information and/or otherwise make available to PURPLESTAR certain information about yourself, including without limitation, curriculum vitae, statistical data, test answers, etc., which is transmittable to the PURPLESTAR servers. Such information is made available by you and used by PURPLESTAR under these Terms and subject to the Privacy Policy, the terms and conditions thereof are incorporated herein by this reference. For further information regarding the Privacy Policy please refer to our Web Site.

9.4 System Security

We operate secure data networks protected by industry standard security protection systems. Our security and privacy policies are periodically reviewed and enhanced, as we believe is necessary from time to time.

However, the System service and our servers, as most Internet applications, are vulnerable to various security issues and hence should be considered unsecured. Data and information sent using the System may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, sniffing, spamming, nuking, hacking, spoofing, imposture, breaking passwords, harassment, fraud, forgery and system contamination, use of viruses, worms and Trojan horses, causing unauthorized, damaging harmful access and/or retrieval of information and data on your computer and other forms and activities that may even be considered unlawful. We are doing our best to prevent such invasions from happening but we will not be responsible for any damage or harm caused as a result of such actions.

*YOU ARE ESPECIALLY ADVISED AGAINST USING THE SYSTEM OR ANY PART THEREOF, WITH “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND INFORMATION. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. “MISSION CRITICAL” APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.

9.4.1 The following covenants are binding for all the System users, and the failure to comply with any of these safeguards will constitute grounds for PURPLESTAR to terminate any data transfer arrangement between PURPLESTAR and the person(s) or entity(ies) concerned.

You are prohibited from violating or attempting to violate the security of the System, including without limitation,

  • accessing data not intended for such a user or logging into a server or account for which such a user is not authorized access,
  • attempting to probe, scan or test the vulnerability of the System or our network or to breach security or authentication measures without proper authorization,
  • attempting to interfere with services to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing”, or
  • forging any TCP/IP packet header or any part of the header information in any posting. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the System or any part thereof. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

9.4.2 Violations of System or network security may result in civil and/or criminal liability. PURPLESTAR will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. In addition, and without prejudice to any other remedy to which PURPLESTAR may be entitled under these Terms and/or any applicable law, PURPLESTAR may immediately terminate, without notice, your use of and access to the System and any part thereof, and in the event that you have paid any amount for the right to use the System, then without derogating from any other right for indemnification and/or compensation it may have, PURPLESTAR may set-off any such funds and you hereby forfeit any right you may have to receive any such funds from PURPLESTAR.

9.5 Proprietary Rights

PURPLESTAR Pty Ltd, is the owner of all intellectual property rights (including the copyrights) in the PURPLESTAR System and any part thereof. Material published by PURPLESTAR on this System may contain other proprietary notices or describe products, services, processes or technologies owned by PURPLESTAR or third parties. Nothing in these Terms or in the System shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of PURPLESTAR or any third party, except as expressly set forth herein.

10. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

PURPLESTAR and Affiliates and Providers do not accept any liability for your use of the Web Site.

For that reason, the following provisions apply to your use of the Web Site.

DISCLAIMER

10.1 YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.

THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY PURPLESTAR AND THE AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE.

10.2 THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND PURPLESTAR’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

10.3 PURPLESTAR AND THE AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY PURPLESTAR TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY PURPLESTAR IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO PURPLESTAR BY MEANS OF THE WEB SITE OR E-MAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEB SITE OR E-MAIL SERVICES.

10.4 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PURPLESTAR AND THE AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

  • THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
  • THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
  • THE WEB SITE WILL MEET YOUR REQUIREMENTS;
  • THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
  • CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
  • THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
  • THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND PURPLESTAR AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

10.5 LIABILITY EXCLUSION

PURPLESTAR AND THE AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY PURPLESTAR OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM PURPLESTAR OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT PURPLESTAR OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

The exclusion of certain warranties and the exclusion of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

10.6 LIABILITY LIMITATION

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PURPLESTAR OR ANY OF THE AFFILIATES AND PROVIDERS’ ACCEPT TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY PURPLESTAR OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM PURPLESTAR OR ANY AFFILIATE OR PROVIDER IS RESPONSIBLE, EXCEED $100 (US) OR THE AMOUNT YOU PAID TO PURPLESTAR FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.

The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

10.7 RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AS PERMITTED BY LAW EACH OF PURPLESTAR AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.

10.8 INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF PURPLESTAR AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS -

(COLLECTIVELY, THE “INDEMNIFIED PARTIES”) -

HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY STUDIOEMOTION OR THE AFFILIATES AND PROVIDERS OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

10.9 FAIR ALLOCATION OF RISK AND LIABILITY.

YOUR ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.

GENERAL DISCLAIMER:

  • We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through this Site.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement is hereby excluded.
  • Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of the use of information contained in this Site or in respect of any failure or omission on our part to comply with our obligations as set out in this Agreement.

11. OWNERSHIP AND PERMITTED USES OF THE WEB SITE

Copyright PURPLESTAR PTY LTD 2001.

All Rights Reserved.

The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Web Site are the property of PURPLESTAR, Affiliates and Providers and others, and are protected by United States and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content.

The Web Site may only be used in the manner described expressly in this Agreement.

In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of PURPLESTAR The Web Site may be used only for lawful purposes. The Web Site may be accessed and used only using commercially available, SSL-capable Web browser software.

12. TRADEMARK INFORMATION

PURPLESTAR, PURPLESTAR.COM.AU, the PURPLESTAR Logo, and other marks and logos appearing on the Web Site are registered and unregistered trademarks, trade names and service marks owned or licensed by PURPLESTAR.

Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners.

Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.

13. PERSONAL INFORMATION PRIVACY

13.1 PURPLESTAR collects, uses and discloses information regarding your use of the Web Site and your personal information in accordance with the Privacy Notice, found on this Web Site under the “Privacy” link.

13.2 PURPLESTAR may change the Privacy Notice from time to time in its discretion without prior notice or liability to you or any other person.

13.3 By accepting this Agreement, and each time you use the Web Site, you consent to PURPLESTAR’s collection, use and disclosure of your personal information in accordance with the Privacy Notice as it then reads without any further notice or any liability to you or any other person.

14. OTHER SITES

The Web Site includes links to other web sites or resources and businesses operated by Affiliates and Providers or other persons (collectively, “Other Sites“). Other Sites are independent from PURPLESTAR, may have different or inconsistent privacy notices or terms of use, and PURPLESTAR has no responsibility or liability for or control over Other Sites, their business, goods, services, or content.

Links to Other Sites are provided solely for your convenience.

PURPLESTAR does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against PURPLESTAR arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.

15. LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE

Links to the Web Site without the express written permission of PURPLESTAR are strictly prohibited. The framing, mirroring, scraping or data mining of the Web Site or any of its content in any form and by any method are strictly prohibited.

16. TERMINATION OF THIS AGREEMENT AND THE WEB SITE

If you breach any provision of this Agreement, you may no longer use the Web Site.

PURPLESTAR may, at any time and for any reason and in its discretion:

  • change, suspend or terminate, temporarily or permanently, the Web Site or any part of it; or
  • restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site; all without any notice or liability to you or any other person.

If this Agreement or your permission to access or use the Web Site is terminated by you, or by a person you represent, or by PURPLESTAR, then:

  • this Agreement and all other then existing agreements between PURPLESTAR and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Web Site, and anything connected with, relating to or arising there from; and
  • PURPLESTAR may continue to use and disclose your personal information in accordance with the Web Site Privacy Policy as amended from time to time.

17. GOVERNING LAW AND DISPUTE RESOLUTION

The Web Site is controlled by PURPLESTAR from Sydney, New South Wales, Australia. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the state of New South Wales, Australia and applicable federal laws of Australia, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Australian Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitration will be before a single arbitrator.

The place of arbitration will be Sydney, New South Wales, Australia. Notwithstanding the foregoing, you or PURPLESTAR may seek injunctive relief from an appropriate court located in Sydney, New South Wales, prior to or during the arbitration.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

18. SPECIFIC WARNINGS THAT WE DO NOT GUARANTEE

18.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

18.2 You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer codes or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked web site.

18.3 Whilst we have no reason to believe that any information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.

18.4 Responsibility for the content of hyperlinks or advertisements ,if included or appearing, on this Site rests solely with the website operator of the hyperlink or the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

18.5 We make no warranty that the use of information contained in this Site will meet your requirements.

18.6 Details contained on this Site relating to specific information have been prepared in accordance with Australian law and may not satisfy the laws of any other country and we don't warrant that it will. It is your responsibility to determine whether your use of anything on this Site satisfies the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if it doesn't, you may not use this Site.

18.7 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

19. COPYRIGHT

We hereby authorise you to view, the documents, pictures, related graphics and other materials published on this Site, provided that:

  • the use is for non-commercial purposes only;
  • the documents, pictures or related graphics available from this Site are not changed in any way; and
  • no graphics on this Site are used separate from any accompanying text.

As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent

20. OTHER MATTERS

20.1 If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

20.2 Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable:

8 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity);

9 (Ownership and Permitted Uses of the Web Site);

11 (Personal Information Privacy); 12 (Other Sites);

14 (Termination); 15 (Governing Law and Dispute Resolution); and

16 (Other Matters).

20.3 The provisions of this Agreement will inure to the benefit of and be binding upon each of PURPLESTAR and Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

20.4 You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of PURPLESTAR, which may be withheld in PURPLESTAR’s discretion.

20.5 PURPLESTAR may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

20.6 No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.

20.7 No consent or waiver will be effective unless in writing and signed by all parties.

20.8 You and any persons you represent (on the one hand) and PURPLESTAR and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

20.9 The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

21. Any rights not expressly granted by this Agreement are reserved to PURPLESTAR.

22. This Agreement is subject to change without notice.

23. GENERAL

23.1 We accept no liability for any failure to comply with this Agreement where such failure is due to circumstance beyond our reasonable control.

23.2 If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

23.3 If any of the terms and conditions in the Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

23.4 This Agreement shall be construed according to the laws of the Commonwealth of Australia.

23.5 Any notice to be given to Purplestar under this Agreement shall be in writing and shall be delivered to Purplestar at the postal address shown on this Site.

© Copyright Purplestar Communications Pty Ltd 2012.

All Rights Reserved.

“It’s not what you say that is important, it is what the audience thinks about what you have said that matters”


Lee Bowman 2010