AGREEMENT BETWEEN WEBSITE USER AND CARAVEL GROUP PTY LTD (published May 2015)
Wherein, the term “Website” shall mean the website hosted at www.DeliverMyStrategy.com and its various web pages and content as operated by Caravel Group Pty Ltd (hereafter Caravel Group) and “website user” or “you” shall mean You as a reader or consumer of the Caravel Group Website. This agreement binds You and the company you represent if you use this website in the course of your employment.
The Caravel Group Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Caravel Group Website constitutes your agreement to all such terms, conditions, and notices.
COPYRIGHT AND TRADEMARK NOTICE
All pages, layout and content, are Copyright, Caravel Group Pty Ltd, All Rights Reserved:
Caravel Group Pty Ltd (herein referred to as “Caravel Group”) ACN: 093 994 800 ABN: 37 093 994 800, Registered office: Level 5, 100 Mount Street, North Sydney NSW 2060, Tel: +61 (02) 9499 8454
This web-site is published by Caravel Group and is not to be reproduced in whole or in part without the prior written permission of Caravel Group. “Caravel Group” and “DeliverMyStrategy” are service marks and/or trademarks (registered or unregistered) of Caravel Group Pty Ltd. All products or company names in the Website are used for identification purposes only and may be trademarks of their respective owners.
Caravel Group reserves the right to change the terms, conditions, and notices under which the Caravel Group Website is offered.
LINKS TO THIRD PARTY SITES
The Caravel Group Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Caravel Group and Caravel Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Caravel Group is not responsible for webcasting or any other form of transmission received from any Linked Site. Caravel Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Caravel Group of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Caravel Group Website, you warrant to Caravel Group that you will not use the Caravel Group Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Caravel Group Website in any manner which could damage, disable, overburden, or impair the Caravel Group Website or interfere with any other party’s use and enjoyment of the Caravel Group Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Caravel Group Websites.
USE OF COMMUNICATION SERVICES
The Caravel Group Website may contain blogs, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Caravel Group has no obligation to monitor the Communication Services. However, Caravel Group reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Caravel Group reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Caravel Group reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Caravel Group’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Caravel Group does not control or endorse the content, messages or information found in any Communication Service and, therefore, Caravel Group specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Caravel Group spokespersons, and their views do not necessarily reflect those of Caravel Group.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO CARAVEL GROUP OR POSTED AT ANY CARAVEL GROUP WEBSITE
Caravel Group does not claim ownership of the materials you provide to Caravel Group (including feedback and suggestions) or post, upload, input or submit to any Caravel Group Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Caravel Group, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Caravel Group is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Caravel Group’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products and services included in or available through the Caravel Group Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Caravel Group and/or its suppliers may make improvements and/or changes to the Caravel Group Website should not be relied on for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Caravel Group and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and/or accuracy of the information, software, products, services and related graphics contained in the Caravel Group Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Specific Terms of Service or Supply Agreements apply to the use of specific solutions. Caravel Group and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Caravel Group reserves the right, in its sole discretion, to terminate your access to the Caravel Group Website and the related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Caravel Group as a result of this agreement or use of the Caravel Group Website. Caravel Group’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Caravel Group’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Caravel Group Website or information provided to or gathered by Caravel Group with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Caravel Group with respect to the Caravel Group Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Caravel Group with respect to the Caravel Group Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Caravel Group is committed to protecting your privacy, and we comply with the relevant privacy acts in Australia – including the Privacy Act and the Spam Act.
COLLECTION OF YOUR PERSONAL INFORMATION
We may collect YOUR personal information (such as email address) and use that personal information for the purpose of providing the services offered on the web site, or information on our products and services if requested. You may submit personally identifiable information, such as your e-mail address, name, home or work address or telephone number through forms in our website. Caravel Group also collects anonymous demographic information, which is not unique to you, such as your country. There is also information about your computer hardware and software that is automatically collected by Caravel Group and the analytics program on the site. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Caravel Group for the operation of the website, to maintain quality of the service, and to provide general statistics regarding use of the Caravel Group website. This data is also disaggregated from personal identifiers.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Caravel Group public message boards, this information may be collected and used by others.
Caravel Group encourages you to review the privacy statements of websites you choose to link to from Caravel Group so that you can understand how those websites collect, use and share your information. Caravel Group is not responsible for the privacy statements or other content on websites outside of the Caravel Group and associated family of websites.
USE OF YOUR PERSONAL INFORMATION
Caravel Group collects and uses your personal information to operate the Caravel Group website, provide you with information, and deliver services you request. Caravel Group also uses your personally identifiable information to inform you of other products or services available from Caravel Group and its affiliates. Caravel Group may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Caravel Group does not sell, rent or lease its customer lists to third parties. Caravel Group may share data with trusted partners to help us perform statistical analysis, provide customer support, or arrange for deliveries.
Caravel Group does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Caravel Group keeps track of the links, documents and pages our customers visit within the website, in order to determine what Caravel Group content and services are the most popular. This data may be used to deliver customized content and advertising to customers whose behaviour indicates that they are interested in a particular subject area.
We will not disclose a customer’s personal information to any third party except, and, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Caravel Group or this website; (b) protect and defend the rights or property of Caravel Group; and, (c) act under exigent circumstances to protect the personal safety of users of Caravel Group website, or the public; such disclosure may be done by Caravel Group without notice to you.
Customers can request access to their information at any time, and it will be provided in a reasonable amount of time when requested.
ANALYTICS, INTERNET MARKETING AND COOKIES
Caravel Group MAY use Google webmaster tools, Google Analytics, and Search Engine marketing such as Google Adwords. These services place and read a cookie in your internet browsers, and may use web beacons to collect this information for our use (if your internet browser security settings are configured to allow it). These cookies do not identify anything about you personally, but do allow us to track generic information about your use of our website, such as which pages you visit, and how long you visit them for. These cookies may also track your activity on our site after you have clicked on a search engine advertisement, and they may also serve you ads based on your prior visit to our website when you visit other websites. You can learn more about the Google cookies and opt out of these at the Google Privacy centre, and there is an internet industry group which runs the Network Advertising Initiative, which allows you to opt out of a range of network advertising beyond what we use here at Caravel Group.
SECURITY OF YOUR PERSONAL INFORMATION
Caravel Group secures your personal information from unauthorized access, use or disclosure. Caravel Group secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol or encrypted API’s.
CHANGES TO THIS STATEMENT
Caravel Group will occasionally update this Statement of Privacy to reflect company and customer feedback, changes to legislation or regulation, or changes in business practices and offerings. Caravel Group encourages you to periodically review this Statement to be informed of how Caravel Group is protecting your information.