Website Terms and Conditions

Thank you for accessing the Unearth Technologies website (the Website). The Website is owned and operated by Unearth Technologies Pty Ltd (ACN 161 947 860) (Unearth, we, our, us).

As a user of the website (you, your), your use of the Website is governed by these Terms of Use. By accessing and using the Website you agree to by bound by these Terms of Use.

We may change part or all of these Terms of Use at any time. The most current Terms of Use will always be posted on the Website. Your subsequent or continued use of the Website will constitute your acceptance of any changes made to these Terms of Use. If you object to these Terms of Use, or to any changes made to them, you should cease use of the Website.

These terms were last updated on 19 March 2021.

 

2.1  Content

The Website and the information, data, links, documents or graphics contained on the Website (together, the Content) are provided ‘as is’. Any reliance you place on the Content is strictly at your own risk.

You need to make your own enquiries to determine whether the Content is appropriate for your intended use.

The information contained on the Website is for general information purposes only.

 

2.2  Access

While we make every reasonable effort to ensure that the Website is available and fully operational at all times, your access to the Website may be suspended without notice in the case of system failure, maintenance or any reason beyond our control.

We may change or discontinue, either temporarily or permanently, the Website, or any Content, feature or service on the Website at any time without notice.

We disclaim any liability as a result of any discontinuance or interruption of the Website, or any part of the Website.

We reserve the right to terminate your access to the Website and prevent further access without warning or notice in response to breaches of these Terms of Use by yourself, breaches of any applicable laws, or suspicious activity.

 

2.3  Your account

For sections of the Website that require you to log in, you are responsible for maintaining the security of your username and password at all times and for all activity that occurs on the Website using your account.

You must take all necessary precautions to maintain the security of your account at all times, including keeping your username and password confidential and not allowing others to use your account.

You may not transfer control of your account to another person without our written permission.

 

2.4  Your Information

You acknowledge that any personal information that you make available via the Website may be used in accordance with our Privacy Policy .

You agree to keep your contact information up to date.

 

2.5  Our Services

We may offer services on our Website (including support services), which may be subject to separate terms and conditions.

 

2.6  Restrictions on Use

When using the Website, you agree not to:

• provide any false, misleading or deceptive information;
• use the Website in a way that violates, or that may violate, any law or regulation;
• use the Website in a way that may cause us to be in violation of any law or regulation;
• use the Website in a way that reflects unfavourably on us or any other third party;
• collect information about other users of the Website for any purpose other than as expressly authorised by us;
• take any action that imposes an unreasonable burden on the Website’s infrastructure; or
• upload or otherwise distribute a computer virus, trojan, malware or any similar program or code.

The Website and all intellectual property in the Content on the Website, including (without limitation) any text, graphics, photographs, logos or trade marks is owned or licensed by us, unless indicated otherwise.

Except where necessary for viewing the Content on the Website, where permitted by law, or where you have obtained our express written permission, you may not reproduce, recompile, decompile, disassemble, reverse engineer, create derivative works from, perform, modify, adapt, publish, store, use, transmit electronically or otherwise, distribute, or in any other way exploit, by any means in whole or in part the Website, or the Content on the Website for purposes other than your own personal, non-commercial use.

By uploading any content to the Website, you grant a licence to us to access and use that content for both commercial and non-commercial purposes. You grant us a non exclusive, worldwide, royalty free and perpetual licence to use and reproduce your content for any purpose.

Your use of the Website is undertaken at your own risk.

To the maximum extent permitted by law, we disclaim all representations, guarantees or warranties, express or implied, including, but not limited to: (1) the completeness, accuracy, reliability, suitability or availability with respect to the Website or the Content; (2) that the Website and the Content will be free of errors, or that defects will be corrected; (3) that your access to the Website will be uninterrupted, secure or error free; (4) that the Website is free of viruses or any other harmful components; and (5) the quality, accuracy, or fitness for purpose of any linked websites, or third party material.

To the maximum extent permitted by law, we and our directors, employees and agents, are not liable to you for any loss or damage of any kind (including consequential loss) howsoever caused, whether in contract, tort including negligence, statute or otherwise arising in connection with the Website or the Contents.

Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under any law, which may not be excluded, restricted or modified by agreement. If these Terms of Use are governed by the Australian Consumer Law, our liability to you for failure to comply with a consumer guarantee in respect of any services is limited to the re-supply of the services or payment for such re-supply.

You indemnify us in respect of any liability incurred by us for any losses, liabilities or damages, expenses, including without limitation, reasonable legal and accounting fees, howsoever caused, which is suffered by us as a result of your breach of these Terms of Use or your use of the Website.

The Website may contain links to third party websites, advertisements or information on those websites. We have no control over the nature, content and availability of third party websites. The inclusion of any links to other websites, does not necessarily imply a sponsorship, endorsement or approval of those websites or the views expressed within them and we take no responsibility for the content on those websites. Any use of third party websites and information is at your own risk.

These Terms of Use represent the entire agreement between you and us concerning your use and access to the Website and your use and access to the Content on it. No other term is to be included in these Terms of Use except where it is required to be included by any legislation of the Commonwealth of Australia or any State or Territory of Australia. All implied terms except those implied by statute and which cannot be expressly excluded are expressly excluded.

If any provision of these Terms of Use is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

All personal information that we collect from you will be handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. For more information on how we handle your personal information, please refer to our Privacy Policy at unearth.com.au/privacy-policy.

These Terms of Use and the Website are governed by the laws of New South Wales and the Commonwealth of Australia. Both you and we submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.