Terms & Conditions of Use

 

KATANA FOUNDATIONS - TERMS AND CONDITIONS OF USE


Whenever accessing this website you are bound by the Terms and Conditions of Use set out below.

By continuing to use this website you accept these terms and conditions as they apply from time to time and it is your responsibility to ensure that you check the terms and conditions of use every time you visit this website as Katana Foundations reserves the right to change, add or remove any such content in or from this website without notice.

Licence of Use

By allowing your access to this website, Katana Foundations, operating through its related bodies corporate (“Katana”) grants a non- exclusive licence to you to access and view the content of this website.

You may not produce links to this website without Katana’s prior written consent.

You are not allowed to download and /or reproduce the material contained in this website, whether in physical or digital form, for any purpose without Katana’s prior written consent, which may be given at its own discretion and subject to conditions, such as the payment of a licence fee.

This licence is perpetual and commences upon your first access to this website. However, this licence may be terminated by Katana at any time without prior notice to you.

Upon being notified of the termination of your licence you must take all steps to destroy all copies of material in your possession or control, whether in physical or electronic form, which has been obtained from this website, or otherwise dispose of this material as directed by Katana.

Your use of this website must be in strict compliance with the terms of this licence.

Katana’s rights of termination do not affect any other rights or remedies which Katana may have under this licence or at law.

Katana’s failure or neglect to enforce any of the provisions of these Terms and Conditions of Use must not be construed or deemed to be a waiver of Katana’s rights under these terms and conditions.


Liability


To the maximum extent permitted by law Katana, its directors, officers and employees will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage, including any loss of profit (however caused, including by negligence) which may arise out of, or in connection with, the use of this website or the use of any information (technical or otherwise) contained on or linked to from this website .

Katana does not have any control over and is not responsible for any third parties’ content contained in this website or available in any website referred to on, or linked to this website. Katana does not accept any liability in relation to any such content.

To the maximum extent permitted by law Katana does not provide any warranty in relation to your use of this website or as to the currency, accuracy or completeness of the information (technical or otherwise), including any third party information, contained in this website.

If any law implies a guarantee, condition or warranty into these Terms and Conditions of Use, which cannot be excluded, Katana’s liability for any breach of such implied term or terms will be, to the maximum extent permitted by law, either limited to the replacement or supply of equivalent goods or services, the repair of the goods or the payment of the cost of having the goods or services re-supplied.

Upon accessing this website you acknowledge that if you rely on any representation or information (including, but not limited to technical specifications, descriptions or illustrations) contained in this website, you do so at your own risk.

You also acknowledge that Katana will not be held liable for any delays in access to this website, or any consequences flowing from the unavailability of this website or of any website referred to on, or linked to this website.


Disclaimer


All technical information contained in this website or available in any website referred to on, or linked to this website, is provided for general information only and you should seek advice from qualified professionals about your specific needs (technical or otherwise).

Katana takes no responsibility for any error or omission in the content of this website.

Whilst Katana has made every effort to ensure that this website is secure, it does not warrant that the functions and content contained in this website will be free of interruption, viruses or other harmful material.

Katana does not provide any warranties in relation to any third parties’ websites referred to on, or linked to this website as to accessibility, function or security.


Intellectual Property


The content on this website is protected by copyright owned by or licensed to Katana.

You must not, at any time, download, print, publish, adapt, communicate to the public, distribute to third parties, amend or make copies of or otherwise reproduce in any material form any content or part of a content contained on this website or permit any such act, without Katana’s prior written consent.

“Katana Foundations” names and logos (“Katana Trade Marks”) used in this website are Australian trade marks registered in the name of the Katana Foundations related bodies corporate. Your access to or use of this website does not create or constitute a licence or any other right to use the Katana Trade Marks and any related copyright or other intellectual property right, and you must not use the Katana Trade Marks and/or related intellectual property rights without Katana’s express authorisation, which may be subject to conditions, such as the payment of a licence fee.

This website also contains third parties’ intellectual property, such as trade marks and copyright. Any such intellectual property is used by Katana under licence from the respective proprietors.

You must indemnify and keep Katana fully indemnified against all liabilities, damages, losses, claims, costs and expenses which may be incurred by Katana to a third party in connection with your breach of any third party’s intellectual property rights or any other term or condition of this website.


Privacy


Any personal information Katana collects from you via this website or otherwise will only be used and disclosed by Katana in accordance with its Privacy Policy


Governing Law


These Terms and Conditions of Use are governed by the laws of Queensland, Australia and Queensland courts will have non-exclusive jurisdiction in relation to any disputes in connection with this website or these Terms and Conditions of Use.

May 2014