Terms & Conditions
TERMS OF USE
The Sustainable Event Management Solution Tool (“SEMS Tool) and the website accessed via the URL at www.sustainableeventsolutions.com.au (“Website”) are owned and operated by The Watermark Group Sustainable Event Solutions Pty Ltd [ACN 125 341 684 ] ("SES").
A reference to ‘this website’ should be read as a reference to both the Website and the SEMS Tool.
By using this website you are agreeing to abide by these terms and conditions. If you do not accept these terms and conditions then do not use the website or the SEMS Tool.
LINKS
This website contains links to other websites. These links are provided for your convenience and information. SES does not represent or warrant the accuracy or any other aspect of the information on those linked sites. No link is an endorsement or recommendation of any information, goods or services on the linked website.
INTELLECTUAL PROPERTY
All trademarks mentioned on this website belong to their respective owners. Unless otherwise indicated, SES owns the copyright in the content on this website. Nothing in the these terms and conditions gives you a right to use any of SES’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
CONFIDENTIALITY
Some of the content on this website may be restricted to certain authorised individuals and as such may included information which is confidential to SES. You must respect the confidentiality of such information and not disclose this information to any other person unless authorised by SES or required by law.
USE OF MATERIAL
No material on this website can be reproduced, adapted, distributed, stored in a retrieval system or transmitted without prior written consent from SES.
You may only access and use the content for non-commercial or personal uses, unless you have prior written approval from us. You may print out any content on this website for your personal use. All other use, copying or reproduction of this website or any part of it is prohibited (except to the extent permitted by law). None of the content or any part of it may be reproduced on any other website. You may not create any derivative works from this content.
EXCLUSION OF WARRANTIES
You expressly understand and agree that your use of this website is at your sole risk and that the Website and SEMS Tool are provided "as is" and “as available.”
Other than any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void, SES expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Without limiting the foregoing, SES does not represent or warrant to you that:
• your use of this website will meet your requirements,
• your use of this website will be uninterrupted, timely, secure or free from error,
• that defects in the operation or functionality of website or the SEMS Tool will be corrected.
You acknowledge that any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
LIMITATION OF LIABILITY
SES excludes all liability for any consequential loss resulting from use of this website, including but not limited to loss of opportunity, lost revenue, lost profits, loss of data, and losses resulting from security failure, disclosure of confidential information by other parties, or the transmission of a computer virus.
To the fullest extent permitted by law, SES’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at SES’ option, to the following: (a) the supply of the services again, or (b) the payment of the cost of having services supplied again.
INDEMNITY
If you breach these terms and conditions or any other legal obligation related to your access and use of this website then you agree to indemnify SES for any loss, damage or costs it may incur in connection with that breach or legal obligation.
VARIATION OF TERMS
SES may change these terms and conditions at its discretion and without notice. By continuing to use this website you accept these terms and conditions as they apply from time to time. A copy of the current terms and conditions is displayed on this website at all times. These terms and conditions are in no way limited or altered by any other terms or conditions on this website.
TERMINATION
SES may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access this website, but all restrictions imposed on you, licenses granted by you and all SES disclaimers and limitations of liability set out in these terms and conditions will survive.
MISCELLANEOUS
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
USE OF THE SEMS TOOL
The following terms apply specifically to the use of the SEMS Tool.
You may only access or use the SEMS Tool if you are authorised to do so under a valid and existing SEMS License Agreement. In accessing the SEMS tool you warrant that you have made yourself familiar with the terms of the SEMS License Agreement and agree to be bound by them.
Without in any way limiting the terms of the SEMS License Agreement, you agree to the following.
SEMS and the Services are not ordinarily acquired for personal, domestic or household use or consumption and that its use of SEMS and that of and all Third Party Users is solely for business purposes.
You shall not (and must not allow any third party) do any of the following:
• gain unauthorised access or attempt to gain unauthorised access to SEMS or data generated by any other licensee of SEMS;
• prevent access to or the use of SEMS by other licensed users of SEMS;
• copy, reproduce, republish, upload, post, transmit, resell or distribute SEMS or the content of SEMS or the Website;
• use or allow any third party to use SEMS for an event other than the event for which you have been granted access to SEMS;
• charge any third party a fee for use of SEMS;
• attempt to enable or disable features or functionalities in SEMS or the Website;
• decompile, disassemble, or otherwise reverse engineer SEMS;
• perform or attempt to perform any actions that would interfere with the proper working of SEMS.
• remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the SEMS Tool, or any material generated through the use of the SEMS Tool.
By uploading any information or other material to the SEMS Tool you grant to SES a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted;
PROVIDED THAT SES complies with its obligations of confidentiality with respect to that information and material as contained in the SEMS License Agreement.
Your access to SEMS will continue until it is terminated either by you, SES, or the SEMS Licensee under which you are authorised to access SEMS.
SES may, without notice and at any time, terminate its agreement with you and prevent you from accessing SEMS if:
• you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or the terms of the SEMS License Agreement under which you are authorised to access SEMS.
• the SEMS License Agreement under which you are authorised to access SEMS has expired or been terminated.
