Terms & Conditions

Terms of Use

Welcome to the Rupert on Rupert websites, operated by Rupert on Rupert (ABN 24 162 479 852). These Terms of Use, which include the Terms and Conditions and the Privacy Policy, govern your use of our website and related services.

 

Acceptance of Terms

By accessing, viewing, or using this website, you agree to comply with and be bound by these Terms of Use.  It is important that you read, understand, and adhere to these terms.  Your continued use of the website signifies your acceptance of these Terms of Use.

 

Modifications

We may update or modify these Terms of Use at any time without prior notice.  Any changes will be effective immediately upon posting on this website.  Continued use of the website after any modifications constitutes your acceptance of the revised Terms of Use.

 

User Conduct

You are responsible for all activities associated with your access to the Website. Engaging in fraudulent, abusive, or illegal activities may result in the termination of your access to the Website.  You must not post, transmit, or cause to be posted or transmitted any communication or solicitation intended to obtain personal data from other users.

 

While using this Website, you must not:

  • Disrupt or interfere with the Website, or any related services, system resources, accounts, servers, or networks connected to or accessible through this Website or linked websites.
  • Disrupt or interfere with other users’ enjoyment of the Website or linked websites.
  • Use any automated device or manual process, such as robots or spiders, to monitor, copy, or extract web pages or content from the Website without our express prior written consent.
  • Impose an unreasonable or disproportionately large load on the Website’s infrastructure.
  • Reverse engineer, decompile, or attempt to discover the source code or underlying software related to the Website’s infrastructure and processes.
  • Use the Website to compromise the security of any computer network, crack passwords or encryption codes, transfer or store illegal material, including material deemed threatening or obscene.
  • Engage in illegal, criminal, or tortious activities, including but not limited to infringing third-party intellectual property rights (such as copyrights, trademarks, patents, trade secrets), fraud, child pornography, trafficking in obscene material, violating export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending viruses or harmful files, or illegal posting of computer passwords or code.
  • Attempt to gain unauthorized access to any part of the Website or areas not open to public access.
  • Post or transmit defamatory, derogatory, or offensive material through the Website.

 

If you are issued a password to access certain parts of the Website, you are solely responsible for all activity conducted through that access, whether authorized or unauthorized.

 

You must comply with all applicable local, state, national, and international laws and regulations related to your use of the Website.  We reserve the right to report potentially criminal activity to the relevant law enforcement agencies.

 

Intellectual Property

All materials and information on this Website, including but not limited to photographs, logos, designs, text, graphics, and trademarks (collectively, “Content”), are either licensed to or owned by Rupert on Rupert and are protected by copyright, trademark, and other intellectual property laws.

 

You may display the Content solely for your personal and non-commercial use, provided that any copyright notice on such display or page remains intact.  You agree not to alter, modify, copy, reproduce, sell, distribute, republish, download, display, post, or transmit the Content to any third parties in any form or by any means, including electronic, mechanical, or otherwise, without our express prior written consent.

 

Except as expressly granted above, Rupert on Rupert does not grant any license or right to use, or transfer any part of, its intellectual property rights in the Content, applications incorporated into the Website, or the Website’s user interface.

 

Indemnity

You agree to indemnify, defend, and hold harmless our directors, officers, employees, agents, and contractors, from any claims, actions, demands, losses, or damages arising from or related to:

  • Your conduct, including the transmission of any defamatory, derogatory, or offensive statements or material;
  • Your use of the Website;
  • Your breach of these Terms of Use; or
  • Your infringement of any rights of third parties.

 

This indemnity obligation covers any costs, expenses, and legal fees incurred in connection with defending against such claims or demands.

 

Third Party Websites and Links

This Website may contain links to websites operated, controlled, or produced by third parties.  Rupert on Rupert does not control or monitor these third-party websites or their content and makes no warranties or representations regarding the accuracy, completeness, or suitability of such third-party websites, their products, or services. The inclusion of a link to a third-party website does not imply endorsement of the content on that website.  Your use of third-party websites will be governed by their respective terms of use.

 

We may receive fees, commissions, or rebates from third parties for goods and services detailed on the Website or accessed via hyperlinks on the Website.  By using these links, you acknowledge and consent to us receiving such amounts.

 

You may not create a link to this Website from another website or document without our prior written consent.

 

Submissions

By submitting any material to us through the Website or contributing Content to the Website, you acknowledge and agree that such Content becomes our property.  You hereby assign all rights, title, and interest in and to these contributions to us.

 

This includes, but is not limited to, any data, feedback, questions, ideas, comments, suggestions, or other information (collectively, “Feedback”).  Unless otherwise indicated, Feedback will be considered non-confidential and non-proprietary.  We are entitled to use any Feedback not marked as confidential or proprietary for any purpose, without providing compensation to you.

 

Warranties and Disclaimers – Limitation of Liability

While Rupert on Rupert strives to ensure the accuracy, reliability, and completeness of the information on this Website, we make no warranties regarding the Website content. It is your responsibility to verify the accuracy and currency of any material you choose to rely on by contacting us directly.  We do not guarantee that this Website or the server operating it is free from viruses, corrupted materials, or interruptions in service. Additionally, we do not warrant that the Website will be compatible with your hardware or software.

 

To the fullest extent permitted by law, we, including our related bodies corporate, directors, officers, employees, agents, and contractors, exclude all liability for any losses, damages, liabilities, claims, and expenses arising out of or in connection with the Website content and its use or performance.  This includes, but is not limited to, direct, indirect, or consequential losses, such as loss of business profits, except where such loss or damage is directly caused by Rupert on Rupert’s fraud or wilful misconduct.

 

If a jurisdiction allows for the limitation of liability but not its exclusion, our total liability will be limited to the maximum extent possible.  For example, under the Australian Consumer Law, where liability under consumer guarantees cannot be excluded, our liability will be limited to, at our sole discretion:

  • Replacing or repairing goods;
  • Reimbursing you for repairing or replacing goods;
  • Re-supplying services; or
  • Reimbursing you for paying someone else to supply services.

 

The Content on this Website may include general information about our products and services.  Unless explicitly stated otherwise, this Content does not:

  • Constitute an offer or inducement to enter into a legally binding contract; or
  • Form part of the terms and conditions for our products and services.

 

The Website and Content are provided “as is” and “as available.” Your use of this Website, including all content, data, or software distributed by, downloaded, or accessed from or through this Website, is at your own risk.

 

Termination and Suspension

We reserve the right, at our sole discretion and without prior notice, to discontinue, suspend, or terminate any service offered by or through this Website, as well as the Website itself, at any time. For instance, if your server is involved in any attack on any computer system, whether or not you are aware of or complicit in the attack, we may block or restrict access to the Website from that server while the issue is investigated and resolved.

 

Upon termination or suspension, all provisions of these Terms of Use that by their nature should survive, including but not limited to ownership provisions, disclaimers, indemnities, and limitations of liability, shall continue to apply.

 

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason, that provision may be severed from these Terms of Use. The remaining provisions will remain valid and enforceable.

 

Severability

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason, that provision may be severed from these Terms of Use. The remaining provisions will remain valid and enforceable.

 

Waiver

No waiver by us of any rights under these Terms of Use shall be considered a waiver of any other term or provision. Any waiver will be limited to the specific circumstances in which it was granted and shall not constitute a continuing or general waiver.

 

Confidentiality

We do not guarantee the confidentiality of your use of this Website. We are not responsible for any harm that may result from a breach of confidentiality related to your use of the Website.  Or any information you disclose on this Website:

  • May be used by Rupert on Rupert, its agents, and contractors in connection with the provision of services promoted or described on the Website, including for marketing purposes.
  • Transmission Security:  May not be secure during transmission over the Internet, and third parties may intercept transmissions made when using the Website.

 

Currency

References to “$” or “dollars” on this Website are to Australian currency, unless stated otherwise.

 

Applicable Law

This Website and its content are intended for use by Australian residents only.  These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia.  By using this Website, you irrevocably and unconditionally consent to and submit to the exclusive jurisdiction of the courts of Victoria, Australia.