APRIL 2019 WEBSITE TERMS AND CONDITIONS
Self Storage Association of Australasia Limited
(ABN 23 050 341 725)
EFFECTIVE DATE: 3rd April 2019
PLEASE READ CAREFULLY BEFORE USING THE WEBSITE
1. Overview and Your Acceptance
1.1 These Website Terms set out the terms and conditions governing Your access to and use of theWebsite.
1.2 By using, browsing or accessing any part of the Website, You agree to be bound by these Website Terms.
1.3 If You do not accept any part of these Website Terms or if You do not comply with any of its provisions, You must immediately terminate Your use of the Website.
2. Definitions In these Website Terms:
“Content” means any information, comment, communication, advice, text, graphics, software, audio and video files, photos or other material made available on the Website.
“Member” means a n individual or entity who has been accepted by SSAA as a member and remains a current member.
“SSAA”, “We”, “Us”or “Our” means Self Storage Association of Australasia Limited (ABN 23050 341 725).
“User”, “You” or “Your” means any person accessing the Website for any reason, including Members.
“Website Terms” means these terms and conditions, as amended from time to time.
“Website” means www.selfstorage.org.au/
3. Website Terms
3.1SSAA may, from time to time, update these Website Terms to take into account new laws, regulations and technology.
3.2Your use of the Website will be governed by the most recent version of these Website Terms, as posted on theWebsite. By continuing to use the Website, You agree to be bound by the most recent version of these Website Terms. Accordingly, it is Your responsibility to check the Website for the most current version of these Website Terms.
3.3 These Website Terms are in addition to any other agreements You may have with SSAA and in no way operate to modify, revise or amend the terms of such other agreements.
4.1 SSAA grants You a non-exclusive and non-transferable licence to use the Website, subject to the restrictions set out in these Website Terms.
4.2 The Website is subject to change at any time without notice to You. Any information. We provide in relation to the availability of products and services is a guide only and We may modify offerings (including prices, products and services) in Our sole discretion. We will not be liable in any way for any lack of availability of products or services that You may order through, as a result of, or in connection with the Website.
4.3 The Website, and any Content, are provided to You on an “as is”and “as available” basis without warranty of any kind whether express, statutory or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which SSAA expressly disclaims to the extent legally permissible.
4.4 SSAA does not endorse and makes no warranty as to the accuracy, completeness, currency, or reliability of, the Content, and SSAA will not be liable or otherwise responsible for any failure or delay in updating the Website or any Content. SSAA has no duty to update the Content or the Website.
4.5 SSAA makes no representations or warranties that use of the Content and/or the Website will be uninterrupted or error-free or that the Content and/or the Website will be free of viruses or any other harmful components.SSAA will not be liable to You in any way if the Website is unavailable to You for any reason (including due to upgrades, preventative or remedial maintenance activities or an interruption in telecommunications supply).
4.6 SSAA does not guarantee the delivery of communications over the internet such as communications which rely on third party service providers. Electronic communications (including email) are vulnerable to interception by third parties and SSAA does not guarantee the security or confidentiality of such communications or the security of the Website.
4.7 SSAA does not provide, and has no control over, communications, networks, the internet or other technology required or used across the Website and will not be liable in any way to any person for any loss, damage, claims or expenses arising out of reliance on them, whether due to congestion, technical malfunction, viruses or otherwise.
4.8 Details contained on the Website relating to products and services have been prepared in accordance with the laws of Australia and New Zealand (as applicable) and may not satisfy the laws of another country. SSAA does not warrant that the products or services available via the Website , the Content or the Website comply with the laws of any other country. It is Your responsibility to determine whether SSAA’s products or services comply with the laws of Your jurisdiction. If You access and use the Content and/or the Website, or purchase any products or services from SSAA, from outside Australia and New Zealand, You do so at Your own risk.
4.9You are responsible for any results or other consequences of accessing theWebsite and using theContent, and for taking all necessary precautions to ensure that any Content. You may access, download or otherwise obtain is free of viruses or any other harmful components. This warranty disclaimer is separate to any other warranty disclaimer in connection with specific products and services offered bySSAA.
5. Use of the Website
5.1 You are only authorised to view, use, copy for Your records and download small portions of the Content or the Website forYour informational and non-commercial use, provided that You leave all the copyright notices, including copyright management information, or other proprietary notices intact.
5.2 In using the Website, You must not:
(a) (except as permitted under clause 5.1 of these Website Terms) store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited;
(b) post links to, submit or otherwise transmit any Content that:
(1) is defamatory, threatening, obscene or harassing ;
(2) contains a virus, worm, Trojan horse or any other harmful component;
(3) incorporates copyrighted or other proprietary material of any third party without that party’s permission; or
(4) otherwise violate any applicable laws;
(c) engage in any activity that is unlawful or prohibited by these Website Terms or any applicable laws;
(d) engage in any activity which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
(e) obtain, or attempt to obtain, any Content or other materials or information through any means not intentionally made available or provided for through the Website;
(f)engage in any commercial activity not expressly separately authorised by SSAA including, but not limited to:
(1)advertising or commercial promotion of products or services;
(2)collecting and using product lists or pricing for the benefit of other merchants;
(3)posting or transmitting unauthorised or unsolicited advertising or promotional materials, or any other form of solicitation to other Users, and
(4)data mining or other data collection methods.
6.1 You may be required to register an account to be able to access or use particular areas of the Website(“Account”).
6.2 You warrant that all information and data provided byYou when registering an Account is accurate and complete. You will promptly notify SSAA if there is change to such information or data.
6.3 You must not provide Account information (including login name or password) which is intended to impersonate another person or which SSAA, in its sole discretion, deems inappropriate or offensive.
6.4You must notify SSAA of any known or suspected unauthorised use(s) ofYour Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure ofYour password.You shall be responsible for maintaining the confidentiality ofYour password.You will be fully responsible for all acts and omissions of any person using Your password, as if they were Your own acts or omissions.
6.5 If Your Account is used for any fraudulent, abusive, or otherwise illegal activity, SSAA may, in its sole discretion and without limiting its rights, report You to the appropriate law-enforcement agencies.
6.6 SSAA will not be liable under any circumstances for any loss, damage, claims or expenses arising out of the use or misuse of Your password and/or Account and You indemnify SSAA against all such loss, damage, claims or expenses.
6.7Failure to comply with the provisions of these Website Terms as they relate to Accounts is a breach of theseWebsite Terms which may result in immediate termination of Your Account.
7.1 SSAA has the right, but not the obligation, to monitor any Content. SSAA reserves the right, in its absolute discretion, to block, modify or remove any Content without notice to any person and will not be liable in any way to any person for any loss, damage, claims or expenses arising out of such action.
7.2 The Content is for general information purposes only and SSAA makes no representations and gives no warranties as to the suitability of third party products or services described or referred to on the Website. Inclusion of any third party Content on the Website is not an endorsement by SSAA of any person, entity, product or service.
7.3 Any use of SSAA’s materials or information by another person or entity is entirely at their own risk.
7.4 Subject to any guarantees, conditions and warranties provided under any applicable consumer protection legislation (to the extent that such guarantees, conditions and warranties cannot be excluded or modified), SSAA will not be liable in any way to any person for any loss, damage, claims or expenses arising out of reliance on any Content.
7.5 You are solely responsible for any Content that You communicate or otherwise provide via the Website and You warrant and represent that any such Content will not cause injury to any person or entity or violate these Website Terms. You indemnify SSAA and its affiliates against any loss, damage, claims or expenses arising out of or in connection with any Content communicated or otherwise provided by You.
7.6 Unless expressly stipulated otherwise by SSAA, any Content communicated or otherwise provided by You via the Website will be treated as non-
confidential and non-proprietary information.
7.7 If You have a complaint regarding any Content, SSAA’s sole obligation will be to review any written complaint received from You and, if SSAA deems appropriate in its sole discretion, modify or remove the Content.
8.1 The Website may contain links to other websites. SSAA provides those links as a ready reference for searching for third party products and services on the internet and not as an endorsement of those web sites, their operators or the products, services or content that they describe.
9. Intellectual Property
9.1All intellectual property rights, including, but not limited to, copyright and trademarks, in respect of the Website, SSAA’s products and services, and all components of them, are owned or licensed by SSAA or any of its related entities. No right, title or interest in such intellectual property rights are transferred to You as a result of accessing the Website and/or the Content.
9.2 The Website contains trademarks, logos and other intellectual property of SSAA and third parties which may be registered or otherwise protected at law. Except as expressly permitted by the relevant holder, You must not use such intellectual property.
10. Limitation of liability
10.1 Without limiting any other provision of these Website Terms, Your use of the Website and/or the Content is entirely at Your own risk.To the extent permitted by any applicable law, SSAA specifically disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the Website and/or the Content or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from a User, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to theWebsite or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorised access to the Website and/or the Content.
10.2 Nothing in these Website Terms excludes, restricts or modifies any consumer guarantees, rights or remedies provided under any applicable consumer legislation which cannot be excluded, restricted or modified.
11.1Without limiting any other indemnity given under these Website Terms,You agree to defend, indemnify, and hold SSAA, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, any breach of these Website Terms by You or Your use of the Website and/or the Content.
13. Termination of Website access
13.1SSAA may at any time immediately, and without prior notice to You, restrict or terminate Your access to part or all of the Website for any reason (including a breach of these Website Terms). Any indemnities given by You and any limitations of Our liability survive such restriction or termination of access to the Website.
14.1 These Website Terms shall be governed in all respects by the laws of the State of Victoria, Australia. You submit to the non-jurisdiction of the courts in the State of Victoria, Australia.
15. Contacting us
15.1 If You have questions about these Website Terms, please contact SSAA using the following contact information:
(a) Email: firstname.lastname@example.org
(b) Telephone: +61 3 9466 9699
(c) Post: Self Storage Association of Australasia, Unit 4, 2 Enterprise Drive, Bundoora, Victoria, Australia.