- Evergen Pty Ltd (ACN 609 760 492) is referred to as the Company, we, our or us
- The website located at www.evergen.com.au is referred to as the Site
- Other websites or social media platforms on which we have a presence are referred to as related sites such as LinkedIn, Facebook, Twitter, Instagram
- Someone who views the Site and/or Related Sites is referred to as a Viewer or you
These Terms are the entire agreement between the Company and you with respect to the use of the Site and Related Sites. All prior representations and understandings, whether written or oral, are excluded. You must comply with all policies and procedures as published by the Company on the Site from time to time.
There is no charge for you to access or view the content on our Site.
You may consent to receive electronic communications from us by providing us with your email address. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you.
You may opt-out of receiving our emails at any time by following the unsubscribe instructions provided in the email.
Use of the Site
You must not:
- use the Site and/or Related Sites to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights;
- use the Site and/or Related Sites to store or transmit harmful code;
- use a false email address, impersonate others, misrepresent your affiliation with others or misrepresent yourself;
- use the Site and/or Related Sites in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory;
- interfere with or disrupt the integrity or performance of the Site and/or Related Sites or any third-party applications; or
- attempt to gain unauthorised access to the Site and/or Related Sites or our related systems or networks. You may not access the Site and/or Related Sites to monitor their availability, performance or functionality unless the reason for your doing so is to assess the Site and/or Related Sites for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.
Viewer Provided Content
The Site and Related Sites may contain information or material posted by you (Provided Content).
For all Provided Content, we are a publisher only and are not responsible for the content, accuracy or completeness of this information.
Anyone who submits Provided Content to the Site and/or Related Sites:
- agrees that the content will be treated by us as not being confidential;
- grants to us a perpetual and irrevocable licence to use, host and publish the Provided Content;
- promises that their Provided Content is owned by them or they have authorisation from the owner to submit that content; and
- must not submit any Provided Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by us to be in breach of this condition may be removed from the Site and/or Related Sites by us without notice to you).
Provided Content will not be provided to any third-party or used for any other purpose other than for the provision of the Services.
All right, title, and interest in and to the intellectual property subsisting in the Site remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these Terms.
All specialty software, applications, and services, and products offered or may be offered by us are maintained by us based on your agreement with us.
You may not claim ownership of any products or services created and owned by us and hosted within the Site or Services; such are the sole property of us including all intellectual property associated with such products or services.
You authorise us to use, store, reproduce and manipulate your data stored within the Site and Related Sites in accordance with our Privacy Notice.
Third-Party Services and Content
We may display content, advertisements and promotions from third parties through our Site and Related Sites (Third-Party Content). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third-Party Content.
From time to time, we may ask you to complete a survey relating to your use of the Site and/or Related Sites. Any survey sent to you is voluntary and is not required to be completed by you in order to continue using the Site and/or Related Sites. However, we do encourage you to complete each survey as it helps us to be more informed about the provision of the Site and/or Related Sites to you.
If you complete a survey then we reserve the right to display any information provided to us from your survey. We may display this information (in whole or in part), on our Site, Related Sites or promotional materials. Any information published by us may be used for the purposes of marketing, promotion or improvement of our services.
We reserve the right to adjust, refuse or remove information contained in your survey at our sole discretion.
You grant to us a perpetual and irrevocable licence to use, host and publish the information provided to us in your survey. The information in your survey must not contain content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable.
We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Site will run and perform optimally.
However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.
You may not be able to use the Site due to traffic conditions on the internet, problems occurring at our upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Site in a timely manner.
Each party indemnifies the other for all damages suffered or incurred, whether directly or indirectly, in connection with your use of the Site and Related Sites:
- any actual or alleged infringement of any intellectual property rights by the other party;
- any actual or alleged breach of any applicable privacy laws, including without limitation the Privacy Act 1988 (Cth), all other applicable privacy legislation and all guidelines issued by the Office of the Federal Privacy Commissioner and similar regulatory bodies and applicable industry codes;
- any actual or alleged breach of any applicable consumer protection laws and regulations; and negligence or default.
- The Company is only responsible for providing the Site in accordance with these Terms.
- Information provided on the Site is for general purposes only and not as specific advice to any particular person. Any advice contained on the Site or provided by representatives of us is general advice and does not take into account your particular objectives, financial situation or needs. Before acting on any information obtained from your use of our Site, you should seek assistance from your legal and financial advisers as to whether it is appropriate to your particular needs, objectives and financial circumstances. The Company and its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from any information discussed with or provided to any person or any loss or damage suffered by any person directly or indirectly through relying on any discussions, whether through the Site, Related Sites or otherwise.
- The Site is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site.
- The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms.
- The Company will notify you of any material change to these Terms. If you access the Site after a notified change to these Terms, you will be asked to confirm your acceptance of the amended Terms before being able to access our Site.
- We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Site or services (or any features or parts thereof) at any time and without liability.
- We may offer new features, functionality or services through the Site. Such new features and functionality, if offered, are offered subject to these Terms.
If, in our reasonable opinion, you have breached these Terms, we may suspend or restrict your access to our Site with immediate effect. We will notify you if suspension or restriction occurs. If suspension or restriction occurs, you will be unable to access and use the Site.
- If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
- Applicable Law and Jurisdiction
- Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the Commercial Arbitration Act 2010 (NSW). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. These Terms are governed by the laws of New South Wales.
Last Updated: 23 August 2019