Terms And Conditions

Written on 1st January 2006.

0. Definitions

"iServ", "Us", "Our" & "We": iServ Australia, iServ.com.au, iServ, associated staff, agents and volunteers.

"You" & "Your": The End User of this website or any website under our control.

1. Application

This agreement together with the iServ Acceptable Use Policy, iServ Privacy Policy any additional terms, conditions, notices and disclaimers contained elsewhere on iServ form the conditions of supply of content on, and use and access to iServ.

Your use of iServ constitutes your acceptance of these terms. Failure to observe your responsibilities and obligations under these Terms and Conditions may result in your permanent removal from this site and related services and any other such action allowable under applicable laws. At this stage we will not be responsible for a loss or other inconvenience suffered by you as a result of our actions resulting from your non-compliance.

If you disagree with any part of these Terms and Conditions you must remove yourself from this site forthwith and not return until you have the capacity and intention to comply in full.

2. Operative

iServ is wholly owned by iServ Webline, a registered business in New South Wales, Australia.

3. Use of content included on iServ

All information, text and images included on iServ is for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without first receiving our prior written permission.

Where the Commonwealth Copyright Act, 1968, allows content to be reproduced on a website for the purpose of 'fair review', or iServ has granted permission for content to be reproduced for any other reason, you must provide immediately adjacent to, a crawlable link (ie: exclude 'REL=NOFOLLOW' attributes and DISALLOW statements in robots.txt) to iServ and a statement with words to the effect "Content/Image courtesy of iServ".

Where the Commonwealth Copyright Act, 1968, allows content to be reproduced in print form for the purpose of 'fair review' or iServ has granted permission for content to be reproduced for any other reason, you must provide immediately adjacent to, text which suitably identifies the source of the material you are reproducing, which shall include the URL to the front page of this website.

In all cases of reproduction you must suitably space the reproduced material from your own so that your visitors cannot interpret the reproduced material as being part of the normal content of your website or print media.

4A. Accuracy of content

iServ and content included here are published for information purposes only without assuming a duty of care. iServ is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained within. iServ is not liable for errors, omissions in, delays or interruptions to or cessation of the site through negligence or for any other reason.

4B. Accuracy and ownership of content provided by members

Ownership of all content submitted by iServ members becomes the property of iServ however responsibility for submitted content remains with the member who supplies it. Members agree that when submitting any content they will hold iServ harmless in respect to any action taken by a third party in relation to the content supplied by the member.

Members grant to iServ an unconditional, irrevocable, world-wide licence to reproduce any submission made by them as iServ sees fit and for as long as iServ finds necessary. iServ reserves the right to modify any submission either before publication or after publication at any time and without notice for any reason or without a reason and reserves the right to refuse to publish and/or destroy any submission before or after publication, at any time without notice for any reason or without a reason.

4C. Establishing a link between legal entities (real people or corporate) and generic information

When an article, comment or other content on iServ relates to a specific issue and a possible relationship with a real person or corporate entity is assumed by a third party, that relationship shall be deemed to be entirely co-incidental unless a definite link has been established by the author of the content in question. This link must include either the name of a real person or the legal identity of a corporate entity. No claim of mis-representation will be considered without the establishment of a definite link to one or more of the above-mentioned entities.

The burden of proof lies with the informant.

5. Limitation of liability

To the maximum extent permitted by law, iServ excludes all liability to any person for loss or damage of any kind arising from or relating in any way to the content included on iServ and/or any use or misuse of iServ. Where any law implies a warranty into these terms of use which may not be lawfully excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at, our sole option, be limited to the re-supply of the relevant service or the payment of the cost of having that service resupplied.

6. Copyright

Unless otherwise stated, iServ reserves all copyright in the content and design of the site. iServ owns all such copyright or uses it under licence or applicable law.

You may view iServ and our content using your web browser and make a temporary copy of all or part of iServ for your personal use only. The provisions outlined in Clause 3, Paragraph 2 also apply.

7. Trade marks and intellectual property

iServ, iServ Webline, iServ Australia, iServ.com.au, "To do the right thing is the right thing forever" and the 'Paw' logo are trademarks or registered trademarks of iServ Webline.

8. Applicable laws

These terms of use and all other specific and additional terms which govern your use or access to iServ will be governed and construed in accordance with the laws in force in the state of New South Wales. All parties will irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.

If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act in retrospect or with respect to subsequent or similar breaches.

You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of iServ.