ISPRAY (powered by entrain) DISCLAIMER

The www.ispray.com.au website (the Site) contains information, products and services provided by third parties.

Ispray Pty Ltd (Ispray/we):

• does not endorse, imply or recommend; and
• makes no statements, representations or warranties of any kind with respect to;

any of the training courses, seminars, assessments, workshops, tuition or provider opportunities contained on or provided by the Site.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all statements, advice and opinions regarding training contained on or provided by the Site.

Ispray makes no statements, representations or warranties whatsoever with respect to the Site and the software, services, products, resources, information, content and materials on the Site (the Content). In no event will Ispray be liable to you or anyone else for decisions or actions taken as a result of the Content on or omitted from the Site.

Ispray has no duty to review or edit materials submitted by you. Any such materials may be removed by Ispray at any time for any reason.

To the full extent permitted by applicable law, Ispray expressly disclaims all terms, conditions, statements, representations and warranties, either express or implied, and whether statutory or otherwise, as to the Site or the Content. We shall not be responsible for any loss or damage of any kind caused by, arising from or related to the Content on or omitted from the Site; your use of the Site; and for any other reason, including without limitation data loss or corruption, regardless of whether such liability is based in tort, contract or otherwise.

ISPRAY (Powered by entrain) CONDITIONS OF USE

Background

• 1 Please read these terms and conditions of use (the Conditions) carefully before accessing or using the information and services available through the Ispray Pty Ltd (Ispray) website www.ispray.com.au (the Site). By accessing, using or browsing the Site (whether or not you are a registered Ispray Member or Provider), you agree to be bound by the Conditions as set out below.
• 2 Ispray reserves the right to change the Conditions from time to time. Any such changes will be notified on the Site.

Ownership of Site Content

• 3 With the exception of third party material, you acknowledge and agree that Ispray owns all intellectual property rights in the Site.
• 4 The materials displayed on the Site, including without limitation all information, documents, text, materials, graphics, software, designs, images, full motion video and sound available on the Site and any other proprietary rights associated with the Site are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
• 5 You must not use or distribute material from the Site for any public or commercial purpose.
• 6 You must not breach copyright or any other intellectual property rights of Ispray or its approved Providers by amending or adapting any material on this site, or reverse engineering any material consisting of downloadable software.
• 7 The logos and trade marks contained on the Site are the property of Ispray or its approved Providers and may not be copied, modified, reproduced, published, uploaded, distributed or posted in whole or in part in any way without the prior written consent of Ispray.
• 8 Nothing you do through or in relation to the Site will transfer any copyright or other intellectual property rights to you or licence you to exercise any copyright or other intellectual property rights in the material on the Site unless this is expressly stated. Access to and use of the Site
• 9 You may view the Site using a web browser and save an electronic copy, or print out a copy and make a single hard copy, of parts of this web site solely for your own information, research or study.
• 10 Except as provided by the Copyright Act 1968 (As Amended) and as expressly provided for in the Conditions you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of this Site in any way without the written permission of Ispray.
• 11 You must accept and assume full responsibility for the control of your employees, agents, sub-contractors in the use of the Site.
• 12 You must supply all necessary equipment to view the Site at your own expense.
• 13 You are responsible for the payment of any telecommunication costs associated with access to the Site.
• 14 The services offered on the Site are intended for Australian residents. By registering for any services on the Site you warrant that you have the capacity to understand, agree to and comply with these Conditions. You must provide true, accurate and complete information in the registration process. As part of the registration process, you will provide a username and password. You are responsible for keeping your password secure and for all activities (whether or not authorized by you) occurring under your user name. Ispray may refuse to grant you a username that we consider is inappropriate.

Ispray Provider Material

• 15 The Site may contain material uploaded, posted, emailed or otherwise electronically transmitted (posted) by approved Ispray Providers, including you (third party Provider Material). You are solely responsible for your conduct and any Provider Material which you have posted. Ispray does not monitor, exercise editorial control over or check the truth or accuracy of any Provider Material. To the maximum extent permitted by law, Ispray makes no warranties, express or implied, as to the content and does not assume any responsibility for Provider Materials, however, Ispray reserves the right to (but has no obligation to): (a) access or examine any Provider Material before posting to the Site; and (b) access or examine any Provider Material from time to time; and (c) move, remove or disable access to Provider Material which Ispray considers, in its sole opinion, to breach these Conditions or to be otherwise unacceptable.
• 16 You further acknowledge that Ispray may remove Provider Material posted by you in accordance with any applicable Ispray created guidelines, such as guidelines relating to period of storage or the maximum disk space which is allotted to you. You agree that Ispray has no responsibility or liability for the deletion or failure to store any Provider Material. Ispray recommend that you backup or take copies of any Provider Material which you post.
• 17 In relation to any Provider Material posted by you: (a) you represent and warrant that the material is not confidential to or owned by any other person and that you have the right to post the Provider Material in accordance with the Conditions; (b) you represent and warrant that the use of the material by Ispray is not illegal or defamatory and will not expose Ispray to any civil or criminal liability, including but not limited to a warranty that the material is not misleading or deceptive or likely to mislead or deceive; and (c) you indemnify Ispray for any breach of the warranties contained in paragraphs (a) or (b).

Limitations to the use of the Site

• 18 You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Ispray or other related companies or which is prohibited by these Conditions.

Limitation of liability

• 19 Ispray, its related companies, and their directors, officers, agents, employees or contractors do not: (a) give any representation or warranty as to the reliability, availability, accuracy, absence of viruses or other harmful components or the completeness of the Site content; or (b) warrant that any of the functions contained in any content or access to the site will be uninterrupted or error-free.
• 20 Ispray, its officers, employees, agents will not be liable in any way for any loss or damage (including consequential loss or damage), howsoever arising, whether in negligence or otherwise, out of or in connection with the Site and/or any omissions from the Site, except where liability is made non-excludable by legislation.
• 21 Ispray accepts no responsibility and is not liable for the content of any training courses, seminars, assessments, workshops, packages, tuition or provider opportunities as it appears on the Site. You acknowledge that Ispray has no control over and is not liable for the quality, safety or standard of the training packages or training information appearing on the Site or the truth or accuracy of information contained in the material on the Site.
• 22 Ispray accepts no liability for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that the Site is unavailable to Users for any reason, including but not limited to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
• 23 In the case of services supplied or offered by Ispray or its employees, liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Ispray to either: (a) the supply of the services (or equivalent services) again; or (b) the payment of the cost of having the services (or equivalent services) supplied again.

Indemnity

• 24 You must indemnify and hold Ispray, it's officers, employees and agents and related bodies corporate and keep them indemnified from and against all actions, claims, suits, proceedings, demands, costs, liability, expenses (including legal fees) and damages arising out of or in any way connected to the Site, including but not limited to: (a) any breach by you of the Conditions; or (b) reliance by you on any information obtained through the Site; or (c) your access and/or use of the Site; or (d) reliance upon or use of the Site or any part of the Site by any person accessing the Site or any part of the Site through your chosen or available web connection.

GST

• 25 Any fees payable are exclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999). You agree that: (a) If Ispray is or becomes liable to pay GST in respect of the supplies made by Ispray to you, the fees for such supplies shall be payable on or before the 21st of the month following the month in which the invoice was issued to you; and (b) Each invoice will comply with the form of 'tax invoice' specified in section 29-70 of A New Tax System (Goods and Services Tax) Act 1999 and the Regulations issued in accordance with that Act.

Termination

• 26 Ispray may terminate your member or provider registration, delete any content or information that you have posted on the Site or suspend or terminate your access to all or any part of the services on the Site for any reason, or no reason, at any time in its sole discretion with or without notice.
• 27 You acknowledge that Ispray may, in its sole discretion and with or without notice: (a) vary the Site or any part of the Site; and (b) modify or discontinue the services provided on the Site or any part of them.

Privacy

• 28 Ispray is very concerned about the security of personal information sent over the Internet to the Site and takes reasonable measures to ensure that such information is treated appropriately and respectfully.
• 29 By accessing and/or using the services on the Site you grant Ispray consent to use your personal information in accordance with Ispray's privacy policy and acknowledge that the Conditions should be read subject to the privacy policy. A copy of the privacy policy can be found on the Site / viewed here [add link].
• 30 Whilst Ispray will take due care to ensure that your personal information remains private, the possibility exists that information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems. Ispray does not accept liability should this occur.

User Conduct

• 31 In using the Site and accessing services from the Site you must not: (a) do anything that would give rise to criminal or civil liability for either yourself or Ispray; (b) harvest or collect email addresses or other personal information (without consent); (c) impersonate any person or entity, or falsely state or otherwise misrepresent yourself; (d) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
• 32 You agree that as a condition of use of the Site and other services provided by Ispray that you will not either through an act or omission mislead or deceive others, if this does occur future access will be denied.

General Provisions

• 33 The laws of Queensland, Australia, govern this Agreement.
• 34 You will not transfer your rights or obligations under this Agreement without the prior written consent Ispray.
• 35 If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of it will continue to be valid and enforceable.
• 36 A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent as documents and records generated in printed form.
• 37 The failure of Ispray to exercise or enforce any right or provision of the Condition does not constitute a waiver of that right in any instance.
• 38 You acknowledge that you are entirely responsible for maintaining the confidentiality of your passwords and login name. You are also entirely responsible for any and all activities that occur under your login name. Ispray accepts no liability whatsoever for the misuse of passwords and any log in codes.
• 39 In becoming an approved Member of the Site Ispray may provide you with information on third parties that we believe to be relevant to the areas in which you have expressed interest.

Third Party Material

• 40 The Site may contain links to other websites. Ispray is not responsible for any content found on a third party page, or any site of which it forms a part. You must determine whether any page is part of the Site each time you follow a link to that page. The selection or omission of links is not intended to endorse any particular companies or products.

Disclaimer

• 41 The Site contains information, products and services provided by third parties.
• 42 Use of the Site including the purchasing or selling of training courses, seminars, assessments, workshops, packages, tuition or provider opportunities listed on the Site (the Services), or any and all decisions based on information obtained from the Site, are made at your own risk.
• 43 Ispray: (a) does not endorse, imply or recommend; and (b) makes no statements, representations or warranties of any kind with respect to; i) any of the training courses, seminars, assessments, workshops, tuition or provider opportunities contained on or provided by the Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all statements, advice and opinions regarding training contained on or provided by the Site.
• 44 Ispray makes no statements, representations or warranties whatsoever with respect to the Site and the software, services, products, resources, information, content and materials on the Site (the Content). In no event will Ispray be liable to you or anyone else for decisions or actions taken as a result of the Content on or omitted from the Site.
• 45 Ispray has no duty to review or edit materials submitted by you. Any such materials may be removed by Ispray at any time for any reason.
• 46 To the full extent permitted by applicable law, Ispray expressly disclaims all terms, conditions, statements, representations and warranties, either express or implied, and whether statutory or otherwise, as to the Site or the Content. We shall not be responsible for any loss or damage of any kind caused by, arising from or related to the Content on or omitted from the Site; your use of the Site; and for any other reason, including without limitation data loss or corruption, regardless of whether such liability is based in tort, contract or otherwise.