Terms of Use

Welcome to Plerion! We are excited to have you visit our website. Before you use our website, please read these Terms of Use, as they contain important information.

This website (Site) is operated by Plerion Pty Ltd (ABN: 86 654 628 841) (we, our or us). These Site Terms of Use apply to your use of, and access to, the Site. 

Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you use our Site are set out below:

  • We may amend these Terms at any time;

  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site;

  • We will handle your personal information in accordance with our privacy policy, available at www.plerion.com/privacy-policy;

  • To the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content; 

  • We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site;

  • We do not warrant the accuracy, completeness or suitability of any of the Content and to the maximum extent permitted by law we are not liable for any loss resulting from any reliance on the Content on our Site; and

  • To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. 

Nothing in these Terms limit your rights under the Australian Consumer Law.

Background

The Site is intended to provide you with information related to our services, and enable you to contact us via the Site.

Consent

By accessing and/or using our Site, you agree to these Terms of Use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

You must be over the age of 18 to use our Site. By accessing and/or using our Site, you agree, warrant and represent that you are over 18 years of age. 

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Information and availability

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content and to the maximum extent permitted by law we are not liable for any loss resulting from any reliance on the Content on our Site. We do not undertake to keep the Site up-to-date. The Content on our Site is not comprehensive and is for general information purposes only and is not to be taken as advice.  It does not take into account your specific needs, objectives or circumstances, and it is not advice and should not be relied on as advice. We also do not warrant that access to the Site will be uninterrupted, error-free or free from malware.

Intellectual Property rights 

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property). 

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property. We may permit you to link to the Site, provided that: 

  1. you do not assert that you are the owner of the Content or Our Intellectual Property;

  2. you link to but do not replicate any page on this Site; 

  3. the hyperlink text shall accurately describe the Content as it appears on the Site;

  4. you do not, unless explicitly agreed by us in writing, assert that you are endorsed or approved by us; 

  5. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; 

  6. you do not link from a third-party website which prohibits linking to third parties; 

  7. you do not link from a third-party website which contains content that: 

  8. is offensive or controversial (as determined by us at our sole discretion), or

  9. infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or

  10. you, and any website operated by you, comply with all other terms of these Terms and applicable law.

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not: 

  1. copy or use, in whole or in part, any of Our Intellectual Property; 

  2. reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or

  3. breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another Site or platform, or creating derivative works from Our Intellectual Property. 

Conduct we don’t accept 

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes: 

  1. anything that would constitute a breach of an individual’s privacy or any other legal rights; 

  2. using the Site to defame, harass, threaten, menace or offend any person; 

  3. using the Site for unlawful purposes; 

  4. interfering with any user of the Site; 

  5. tampering with or modifying the Site, knowingly transmitting malicious software or other disabling features, or damaging or interfering with the Site, including using trojan horses, malicious software, piracy or programming routines that may damage or interfere with the Site;

  6. using the Site to send unsolicited electronic messages; 

  7. use the communication systems provided by the Site to send unauthorised commercial communications and you shall be solely responsible and liable for any such unauthorised communications 

  8. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

  9. facilitating or assisting a third party to do any of the above acts.

Content you upload

We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that: 

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party websites

The Site may contain links to sites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those sites. If you purchase goods or services from a third-party website linked from the Site, such third party provides the goods and services to you, not us.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

Limited Liability 

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Indemnity 

To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (www.plerion.com/privacy-policy) sets out how we will collect and handle your personal information.

Warranties and Disclaimer

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

  2. access will be uninterrupted, error-free or free from malware; or

  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Terms and Termination

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site. These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

Jurisdiction

Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Modification

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

For any questions or notices, please contact us at:

Plerion Pty Ltd ABN 86 654 628 841 

If you have any questions relating to our Website Terms of Use, please submit a Contact Us request. 

Last update: 14 January 2021

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