Unless we agree with you in writing that your agreement with us is different from the Terms, you are bound by the Terms.
2. Fees and payment
Charges for the Services and the method of payment may be specified on the Site or as advised to you in writing by Trend Logic.
Site content and other printed, digital and electronic reporting which you receive from Trend Logic:
- Is provided for information purposes only
- Is provided on the basis that your use of the Service is at your sole risk
- Does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Trend Logic and is not intended to be and should not be relied upon by users of the Site or any other person in making (or refraining from making) commercial or other decisions
- Is provided without any guarantees, covenants or warranties as to its accuracy or authenticity, merchantability, fitness for a particular purpose, non-infringement or as to uninterrupted or error free use
- Is provided in response to, and is reliant for its accuracy on, information provided to Trend Logic or inputted on the Site by the User or their authorised representative. Trend Logic make no representations, guarantees, covenants or warranties as to the accuracy or authenticity of the information provided to Trend Logic or inputted on the Site by You or your authorised representative or content which is displayed on the Site in response to this information
- Is subject to the uncertainties of scientific and technical research
- Is subject to change without notice
4. User Representation and Warranties
Each User represents and warrants that any Personal Information provided is as fair and accurate as can be reasonable expected
5. Remedies for Breach
Without limiting Trend Logic’s remedies, if Trend Logic reasonably believes that a User has breached any of these Terms, Trend Logic may immediately:
- Suspend or terminate any User subscription
- Suspend or terminate the User’s access to the Site
- Permanently delete the User’s account as well as any Personal Information provided by the User or their authorised representative to Trend Logic or inputted onto the Site
6. Limitation of Liability
Users accept all risks and responsibility for liability, losses, damages, costs and other consequences resulting directly or indirectly from the use or inability to use the Site, any websites linked to it and any information or material contained on the Site or websites linked to it. To the maximum extent permitted by law, Trend Logic will not accept any liability for any losses, damages or costs howsoever caused (including, but not limited to, the negligence of Trend Logic or any related entity, subcontractor or employee), arising out of, or in any way related to, the use, inability to use, or result of the use of the Site, any websites linked to it and any information or material contained on the Site. This limitation of liability applies to and includes, without limitation, direct, indirect, consequential, special, punitive or other damages that Users or others may suffer, as well as damages for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, business interruption, loss of data or information, and any other loss, damage or cost of any kind.
7. Site Third Party Links
The Site may contain links to and information about other websites and resources provided by third parties. These other websites and resources will typically be in relation to general industry-wide information or spatial location references. These websites and resources do not form part of the Site and are not under the control of Trend Logic. Even if the third party is affiliated with Trend Logic through a business partnership or otherwise, Trend Logic does not have any responsibility for the content of any such websites or resources and accepts no responsibility for them or any loss, damage or cost of any kind that may arise from User use of them. Trend Logic does not endorse such content or the third parties who supply it to Trend Logic, nor does Trend Logic warrant or represent that the content is current, accurate, complete or reliable. If Users link to any such website, Users then leave the Site and do so at their sole risk and responsibility. If Users contact a third party using functionality provided on the Site, including via e-mail, or as a result of User use of the Site, this is done at the sole risk and responsibility of the User. Trend Logic does not accept responsibility for any actions taken by a third party in response to User communication or for any agreements, transactions or other arrangements entered into between Users and the relevant third party
8. Intellectual Property
Content on the Site is owned or licensed by Trend Logic and is protected by intellectual property laws.
By using the Site, Users agree to accept the following terms relating to copyright and other intellectual property
- Apart from any fair dealing for the purposes of study, research, criticism and review, as permitted under Australian copyright legislation, no part of the Site may be reproduced, re-used or redistributed for any commercial purpose or distributed to a third party for such purpose without the permission of Trend Logic. The print, export and email functionality of the Site is designed to facilitate operational use of content by authorised users. Material derived from the Site may only be distributed for commercial gain as agreed with Trend Logic and not used in a manner that undermines the potential for Trend Logic to increase future revenue
- Users may make temporary copies of Site content in printed, digital or electronic format for their own private purposes but must not change any of the Site content
- Any permitted reproduction of content, including fair dealing, must acknowledge Trend Logic as the source of the content. Any reproduction of content from the Site must include the words and symbol ‘Copyright © Trend Logic Pty Ltd’ and must include the link to these Terms, http://www.trendlogic.com.au/terms.html
- Nothing displayed on the Site should be construed as granting any licence or right of use of any logo or trade mark without the express written permission of the relevant owner
- Users agree to fully indemnify Trend Logic against claims by third parties for breach of copyright which arise as a result of conduct by a User in breach of this clause
9. Discretion to Refuse to Collect Information
Trend Logic can, for any reason, refuse to collect information from any User or Visitor at any time or refuse to input or make use of information supplied to Trend Logic from a User or their authorised representative.
If a provision in these Terms is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause, that provision is then severable without affecting the validity or enforceability of both the remaining part of that provision or other provisions in this Agreement.
The fact that Trend Logic fails to do, or delays in doing, something we are entitled to do under these Terms does not amount to a waiver of any of your obligations or breaches of obligations. A waiver by Trend Logic is only effective if it is in writing. A written waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
These Terms are governed by and construed in accordance with the laws of Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts.
14. Contacting You
Users & Visitors acknowledge and agree that Trend Logic may contact them (including by phone, email, mail and other electronic channels) for the purpose of providing information about Trend Logic products, events and services. You may unsubscribe to this information service at any time by contacting Trend Logic or its authorised representatives.
15. Contact Us
Trend Logic Pty. Ltd.
(03) 5444 2600
Trend Logic Pty. Ltd.
PO Box 502
Bendigo VIC 3552
We may change or replace the Terms at any time in our sole discretion. You can view the current version of the Terms at: http://www.trendlogic.com.au/terms.html