Website Terms and Conditions

Thank you for visiting our website at www.tierhub.com.au. This website is owned and operated by Tier Corporation Pty Ltd (ACN 675 029 722) trading as Tier Hub (ABN 21 142 082 764) and our related bodies corporate (‘Tier Hub’, ‘we’, ‘our’, ‘us’).

By accessing, browsing and/or using this website, you agree to these Terms and Conditions (Terms), which include our Privacy Policy (available at [insert link]) (collectively, the Agreement). You should review our Privacy Policy, and these Terms carefully. If you do not agree with the terms of the Agreement, you must not access, browse or use this website.

These Terms govern your use of the website. By browsing, accessing and using this website, you agree to be legally bound by these Terms.

The Terms are legally binding. We may change these Terms at any time, and the revised Terms will be made available on our website. By continuing to use the website, you agree to be bound by such revised Terms.

1. Access and Use of the Website

You must only use the website in accordance with these Terms and any applicable law. We do not warrant that the website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our website. We do not warrant that the website is accurate, complete or current. Any information or content on the website is subject to change without notice at our sole discretion and should not be relied upon or used as the sole basis for making decisions and any reliance on the contents of the website is at your own risk.

This website may contain links to third-party websites. Those links are provided for convenience and may not remain current or be maintained. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this website. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third-party websites, products and services. Additionally, we do not endorse and we are not responsible for the content or privacy practices associated with linked websites and have no control over or rights in those linked website. You should make your own enquiries before using and/or accessing third-party websites.

You may not use the website other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You agree not to, circumvent, disable, or otherwise interfere with security-related features of the website or attempt to do so or otherwise interfere with or restrict, any person or visitor from accessing or using the website.

Unless otherwise expressed or stipulated in this Agreement, you must not copy, adapt, distribute, display, communicate, modify, publish, reproduce, sell, transmit or otherwise use any of the material on the website, except as permitted by statute or without our prior written consent.

You must not link to our website or any part of our website in a way that damages or takes advantage of our reputation, including but not limited to:

• in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
• in a way that is illegal or unfair.

2. Registration and Privacy

You may need a registered account to access certain services we provide.

When you register and activate your account, you will provide us with personal information such as your name, email address and [insert details of other information collected]. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy set out at [insert link].

When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. To create an account, you must agree and undertake to use the website in accordance with these Terms.

3. Collection Notice

We collect personal information about you in order to process your registration and provide you with our service and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [insert email address].

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

4. Copyright, Trademarks and Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all information, text, graphics, names, logos, trademarks, brands, designs, advertisements, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

5. No Commercial Use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

6. Unacceptable Activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

7. Warranties and Disclaimers

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, we make no warranty or representation regarding the information on this website, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

8. Indemnity

You agree to indemnify us and our officers, directors, employers or contractors (collectively, the Indemnified) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the website, any breach by you of this Agreement.

9. Liability

To the maximum extent permitted by law, we exclude all:

• conditions, guarantees or warranties expressed or implied by law; and
• any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of, the website.

You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

10. Jurisdiction and Governing Law

Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

11. General

• We reserve the right to make changes to these Terms without notice to you. Any amendments to the Terms will have immediate effect from the time that they are published on the website.

• Although we do our best to provide the most up-to-date information on the website as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

• Any provision of these Terms that is void or unenforceable may be severed without affecting the enforceability of other provisions.

• A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.