Last Updated 11 October 2024
WEBSITE TERMS AND CONDITIONS
1 INTRODUCTION
(a) These terms and conditions (Terms) apply when you use this website, https://www.pagerdigital.com (Website).
(b) You agree to be bound by these Terms which forma binding contractual agreement between you and us, Pager Digital, ABN 41 528404 794 (our, we, or us).
(c) If youdon’t agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time byupdating this page of the Website, and your continued use of the Websitefollowing such an update will represent an agreement by you to be bound by theTerms as amended.
2 ACCESS AND USE OF THE WEBSITE
Youmust only use the Website in accordance with these Terms and any applicablelaws, and must ensure that your employees, sub-contractors and any other agentswho use or access the Website comply with the Terms and any applicable laws.
3 YOUR OBLIGATIONS
Youmust not:
(a) copy, mirror, reproduce, translate, adapt, vary,modify, sell, decipher or decompile any part or aspect of the Website;
(b) use the Website for any purpose other than thepurposes of browsing, selecting or purchasing goods or services;
(c) use, or attempt to use, the Website in a mannerthat is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a mannerthat may interfere with, disrupt or create undue burden on the Website or theservers or networks that host the Website;
(e) use the Website with the assistance of anyautomated scripting tool or software;
(f) act in a way that may diminish or adverselyimpact our reputation, including by linking to the Website on any otherwebsite; and
(g) attempt to breach the security of the Website,or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accountsor data;
(ii) scanning, probing or testing the Website forsecurity vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing orsubmitting a virus to the Website; or
(iv) instigate or participate in a denial-of-serviceattack against the Website.
4 INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and allmaterials on the Website (including text, graphics, logos, design, icons,images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual propertyrights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of allor part of the Website for the sole purpose of viewing it. You must nototherwise reproduce, transmit, adapt, distribute, sell, modify or publish theWebsite or any Website Content without prior written consent from us or aspermitted by law.
While we make every effort to ensure that theinformation on the Website is as up-to-date and accurate as possible, youacknowledge and agree that we do not (to the maximum extent permitted by law)guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will bedelivered promptly, or delivered at all;
(d) information you receive or supply through theWebsite will be secure or confidential; or
(e) any information provided through the Website isaccurate or true.
We reserve the right to change any informationor functionality on the Website by updating the Website at anytime without notice, including product descriptions, prices and other WebsiteContent.
6 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websitesthat are not our responsibility. We have no control over the content of thelinked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Websitedoes not imply our approval or endorsement of the linked website.
7 SECURITY
Wedo not accept responsibility for loss or damage to computer systems, mobilephones or other electronic devices arising in connection with use of theWebsite. You should take your own precautions to ensure that the process thatyou employ for accessing the Website does not expose you to risk of viruses,malicious computer code or other forms of interference.
8 REPORTING MISUSE
Ifyou become aware of misuse of the Website by any person, any errors in thematerial on the Website or any difficulty in accessing or using the Website,please contact us immediately using the contact details or form provided on ourWebsite.
9 PRIVACY
Youagree to be bound by our Privacy Policy, which can be found here.
10 LIABILITY
Wemake no warranties or representations about this Website or any of its contentand will not be responsible to you or any third party for any direct orconsequential loss suffered in connection with the use of this Website. To themaximum extent permitted by law, we exclude any liability that may arise due toyour use of our Website and/or the information or materials contained on it.You agree to indemnify us for any loss or liability arising out of your use ofthis Website.
11 GENERAL
11.1 GOVERNING LAW AND JURISDICTION
Thisagreement is governed by the law applying in Victoria, Australia. Each partyirrevocably submits to the exclusive jurisdiction of the courts of Victoria,Australia and courts of appeal from them in respect of any proceedings arisingout of or in connection with this agreement. Each party irrevocably waives anyobjection to the venue of any legal process on the basis that the process hasbeen brought in an inconvenient forum.
11.2 WAIVER
Noparty to this agreement may rely on the words or conduct of any other party asa waiver of any right unless the waiver is in writing and signed by the partygranting the waiver.
11.3 SEVERANCE
Anyterm of this agreement which is wholly or partially void or unenforceable issevered to the extent that it is void or unenforceable. The validity andenforceability of the remainder of this agreement is not limited or otherwiseaffected.
11.4 JOINT AND SEVERAL LIABILITY
Anobligation or a liability assumed by, or a right conferred on, two or morepersons binds or benefits them jointly and severally.
11.5 ASSIGNMENT
Aparty cannot assign, novate or otherwise transfer any of its rights orobligations under this agreement without the prior written consent of the otherparty.
11.6 ENTIRE AGREEMENT
Thisagreement embodies the entire agreement between the parties and supersedes anyprior negotiation, conduct, arrangement, understanding or agreement, express orimplied, in relation to the subject matter of this agreement.
11.7 INTERPRETATION
(a) (singular and plural) words in thesingular includes the plural (and vice versa);
(b) (gender) words indicating a genderincludes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase isgiven a defined meaning, any other part of speech or grammatical form of thatword or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you”includes an individual, the estate of an individual, a corporation, anauthority, an association, consortium or joint venture (whether incorporated orunincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includesthat party’s executors, administrators, successors and permitted assigns,including persons taking by way of novation and, in the case of a trustee,includes any substituted or additional trustee;
(f) (this agreement) a reference to a party,clause, paragraph, schedule, exhibit, attachment or annexure is a reference toa party, clause, paragraph, schedule, exhibit, attachment or annexure to or ofthis agreement, and a reference to this agreement includes all schedules,exhibits, attachments and annexures to it;
(g) (document) a reference to a document(including this agreement) is to that document as varied, novated, ratified orreplaced from time to time;
(h) (headings) headings and words in boldtype are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” andsimilar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision ofthis agreement will be interpreted adversely to a party because that party wasresponsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or “dollar”,is to Australian currency, unless otherwise agreed in writing.
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