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ADAPT Website Terms of Use

 

Welcome to ADAPT, we encourage you to take advantage of the content and features available on adapt.com.au.

1. About the Website

  • Welcome to www.adapt.com.au (the ‘Website’). The Website for all our Event and Membership (the ‘Services’) related information and services.
  • Please read these non-negotiable terms of use carefully before using the website. By continuing to use the website, you (the “user”) agree to be bound by these terms of use.
  • If you have not yet purchased Services from ADAPT or are not already an ADAPT Client, we encourage you to contact us to learn more about the benefits and value that ADAPT can provide.
  • The Website is operated by ADAPT Ventures Pty Ltd PTY. LTD. (ABN 33 125 150 567). Access to and use of the Website, or any of its associated Products or Services, is provided by ADAPT Ventures Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you (the ‘User’) have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • ADAPT Ventures Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ADAPT Ventures Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your record

2. Acceptance of the Terms

You (the ‘User’) accept the Terms by remaining on the Website. The User may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by ADAPT Ventures Pty Ltd in the user interface.

3. Subscription to use the Services

  • In order to access some Services, you must first purchase a subscription through the Membership Website (the ‘Subscription’) or our office and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
  • In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
  • If you purchase any subscription products or services from ADAPT (“Services”), the terms of use for those Services will be set forth in a separate sales contract between you and ADAPT. Should the terms of the sales contract act in conflict with these terms, these terms will override any conflicting terms.
  • Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).
  • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    • Email address
    • Preferred username
    • Mailing address
    • Telephone number
    • Password
  • You warrant that any information you give to ADAPT Ventures Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the Membership Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted access to the Services until the subscription period expires (the ‘Subscription Period’).
  • You may not use the Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with ADAPT Ventures Pty Ltd; or
    • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
    • Are not employed or contracted by a competitor of any of our services.

4. Your obligations as a Member

  • As a Member, you agree to comply with the following:
    • (a) you will use the Services only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify ADAPT Ventures Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of ADAPT Ventures Pty Ltd providing the Services;
      • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of ADAPT Ventures Pty Ltd;
      • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by ADAPT Ventures Pty Ltd for any illegal or unauthorised use of the Website; and
      • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

  • Where the option is given to you, you may make payment of the Subscription Fee by way of:
    • Credit Card
    • Electronic Funds Transfer
      • All credit card payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
      • You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
      • You agree and acknowledge that ADAPT Ventures Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

6. Refund Policy

  • ADAPT Ventures Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or ADAPT Ventures Pty Ltd. decides, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

7. Copyright and Intellectual Property

  • The Website, the Services and all the related products of ADAPT Ventures Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by ADAPT Ventures Pty Ltd or its contributors.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by ADAPT Ventures Pty Ltd, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:
    • use the Website pursuant to the Terms;
    • copy and store the Website and the material contained in the Website in your device’s cache memory; and
    • print pages from the Website for your own personal and non-commercial use.
  • ADAPT Ventures Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ADAPT Ventures Pty Ltd.
  • ADAPT Ventures Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  • You may not, without the prior written permission of ADAPT Ventures Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Website Content and Copyright

  • This Website is the property of ADAPT Ventures Pty Ltd and is protected by Australian and international copyright law and conventions.
  • ADAPT grants to User the right to access and use the Website, so long as such use is for internal information purposes, and User does not alter, copy, disseminate, redistribute or republish any content or feature of this Website.
  • User acknowledges that access to and use of this Website is subject to these TERMS OF USE and ADAPT’s Content Usage policy as well as the any expanded access or use must be approved in writing by ADAPT.
  • ADAPT reserves the right to change, update or discontinue any aspect of this Website at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these TERMS OF USE, as modified.

9. Third-Party Rights

  • The terms hereunder regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of ADAPT, and its licensors, employees and agents, each of whom shall have the right to assert and enforce those terms against a User.

10. Disclaimer of Warranties

  • ADAPT does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this Website. Although ADAPT takes reasonable steps to screen this Website for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties, ADAPT cannot guarantee that it will be free of infection or that it will be available at any time or location.
  • While the information contained on this Website has been obtained from sources believed to be reliable, ADAPT disclaims all warranties as to the accuracy, completeness or adequacy of such information. User assumes sole responsibility for the use it makes of this Website to achieve his/her intended results.
  • This Website may contain links to other third-party websites, which are provided as additional resources for the convenience of Users. ADAPT does not endorse, sponsor or accept any responsibility for these third-party websites, User agrees to direct any concerns relating to these third-party websites to the relevant website administrator.

11. Limitation of Liability

  • In no event will ADAPT be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits Limitation of Liability: business interruption and loss of programs or information) arising out of the use of or inability to use this Website, or any information provided on this Website, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Website.

12. Indemnification

  • User agrees to indemnify, defend and hold harmless ADAPT, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of User’s use/ misuse of this Website.

13. Termination

  • In accessing and using this Website, User agrees to comply with all applicable laws and agrees not to take any action that would compromise the security or viability of this Website. ADAPT may terminate User’s access to this Website at any time for any reason. The terms hereunder regarding Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third-Party Rights shall survive termination.

14. General Provisions

  • Any provision in any written communication received by ADAPT in connection with this Website which is inconsistent with, or adds to, these TERMS OF USE is void.
  • If any term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining terms will remain in full force and effect
  • The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.
  • The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
  • User’s right to privacy is of paramount importance to ADAPT. When you register to use our Website, ADAPT will ask you to provide your name, organisation, email address, and other related information. ADAPT will use this information to provide you with a more personalised online experience and, where applicable, to process orders, as well as to keep track of what topics are of interest to our Users. ADAPT will not share this information with any third party.
  • For detailed information of on our how we protect your privacy, please refer to our Privacy Policy.

15. Restriction on Use

  • User will not:
    • violate the security of the Site nor attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means;
    • take nor attempt any action that, in the sole discretion of ADAPT, imposes or may impose an unreasonable or disproportionately large burden on the Site or its infrastructure;
    • use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site without the prior written consent of ADAPT;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

16. Independent Legal Advice

  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

18. Contact Details

  • Should you wish to contact ADAPT in relation to any of the information contained within this Privacy Policy, or to seek access to information ADAPT may hold on you, you may do so by emailing info@adapt.com.au. ADAPT may need proof of identification before releasing any data.
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