1. General terms and conditions for all users
This legal notice applies to the entire contents of the website under the domain name www.clearmatch.com website (Site) operated by Clearmatch Australia (ABN 34 602 464 148) (as the context requires We, Our or Us) and to any correspondence by email between Us and you. The following are the Terms of Use (Terms of Use) between you and Us that set forth the terms and conditions for your use of the Site. Please read these terms carefully before using the Site. Using this Site indicates that you have read, understood, and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations. If you do not accept these terms, please do not use the Site. Your access to the Site is subject to the Clearmatch Privacy Statement, notices, disclaimers and any other relevant content published on this Site. If you use any of the services identified on the Site for which additional or alternative terms and conditions are referred to, by accessing, viewing or otherwise using those services, you agree also to be bound by and comply with those relevant terms and conditions. We may, at our sole discretion, vary or modify these Terms of Use without prior notice. Any varied or modified Terms of Use will appear on the website. Any subsequent access to, or use by you of the Site will constitute an acceptance of varied or modified Terms of Use.
2. Our Privacy Policy
We have defined policies and procedures with respect to the collection and use of any Identification Information which are outlined in Our Privacy Policy. No part of this legal notice is intended to contradict any of Our privacy policies. Please read Our Privacy Policy before providing Us with any Identification Information or other personal information.
3. Clearmatch's Rights to User Content
All content posted by you on the Site, including comments, remarks, discussions, ideas, know-how, techniques, graphics, photos, images or other materials (collectively, User Content) will be deemed to be the property of Clearmatch, and We will be entitled to use any User Content for any purpose, without restriction (except with respect to our Privacy Policy or applicable copyright laws) or compensation to the person who has provided this User Content. You must post User Content that you either created, own or have permission to use. We reserve the right to remove any User Content, or other materials that may infringe copyright.
4. Site Content, Brands and Trademarks
You acknowledge and agree that We own all rights to the Site and all the content displayed on the Site, including, but not limited to, the Clearmatch logo, domain names, images, buttons, text, data, articles, design, source code, software, photos, images and other information (collectively the Site Content). The Site services, content, trademarks, service marks, trade names, images and logos are proprietary to or used with permission by Clearmatch. You agree that Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Our express prior written consent. You may not modify, transform, participate in the sale or transfer of, or create derivative or modified works based on any Site Content, in whole or in part. Nothing on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Site Content or trademarks displayed on the Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without our prior written permission. We prohibit the use of any of the Clearmatch trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance.
5. Monitoring of Site Content
You acknowledge and agree that We have the right to monitor the Site and/or Site Content and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site. We have no obligation to monitor content on the Site or to protect users of the Site.
6. Disclaimer
None of Clearmatch, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (referred to collectively as the Clearmatch Parties) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and Clearmatch disclaims liability for errors or omissions in the content. The Site and all of the content is provided "as is", without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. The Site could contain technical inaccuracies or typographical errors. Clearmatch Parties do not warrant as to the results of your use of the content or that the Site is free of viruses or other harmful components. Use of this Site is at your own risk. This does not affect those warranties which cannot be excluded or restricted under the applicable laws. We may discontinue or make changes in the content and the Site at any time without prior notice and without any liability. Any dated information is published as of its date only, and Clearmatch Parties do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all Site offerings or transmissions without prior notice.
7. Third Party Sites
This Site may contain links to web sites controlled, owned, or operated by third-party entities, organisations or people (the Third Party Sites). Links to Third Party Sites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these Third Party Sites and do not control and are not responsible for these websites or their content or availability. Clearmatch therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk.
8. Other Restricted Activities
When you use the Site or Our services you must not:
- breach these Terms of Use, policies or procedures and/or any other agreement that you have entered into with Us;
- violate any law, statute, ordinance, or regulation;
- act in a manner which is, or post, email, transmit or otherwise publish any comments, materials or content that are, offensive, discriminatory, unlawful, threatening, harassing, defamatory or libellous, false, inaccurate or misleading;
- provide false, inaccurate or misleading information;
- refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to Us;
- use an anonymous proxy or other technique to prevent Us from identifying your location or your IP address;
- post, upload, email, transmit, publish or otherwise make public any unsolicited materials, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications whether this be via email or via posting of information on the Site;
- use Our services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Us or you; and
9. Limitation of Liability
Clearmatch Parties (whether or not involved in creating, producing, maintaining or delivering the Site), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any Third Party Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site. Nothing in this legal notice shall exclude or limit Clearmatch’s liability for:
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
10. Indemnity
You agree to indemnify and hold harmless each Clearmatch Party from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Clearmatch Parties in connection with any claim by a third party (including any intellectual property claim) arising out of any comments, materials or content you submit to, post to or transmit through the Site, or your use of the Site in violation of this Terms of Use or in violation of any applicable law. You agree to indemnify and hold harmless Clearmatch from any claim arising from a third party's use of comments, materials or content of any kind that you post to the Site.
11. Waiver
Failure by Us to enforce any of Our rights under this legal notice shall not be construed as a waiver of those rights or any other rights in any way whatsoever. If any of the Terms of Use are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Governing Law and Jurisdiction
The Terms of Use and all other aspects of your use of the Site shall be governed by the laws of the state of New South Wales, Australia. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. You agree that you will notify Us of any claim or dispute concerning or relating to this legal notice and/or the Site.
13. How to Contact Us
If you wish to contact Clearmatch regarding the Terms of Use or any of Our services you can do so at any time using the “Contact Us” page (this page contains our contact details such as our web form, email, phone and mail addresses).
14. How to opt out of receiving marketing communications
There are a number of ways you can opt out of receiving marketing communications:
- For email marketing: An unsubscribe option will be provided in each marketing email.
- For SMS marketing: An unsubscribe option will be provided in each marketing SMS.
- For all electronic marketing communications: An unsubscribe option will be provided in all electronic marketing communication.
15. Interpretation
Email (electronic mail) means the act of sending a message or messages by electronic means to one or more recipients via a network.
- Opt-out means remove permission to receive electronic communications.
- SMS/Text message (short message service (SMS)) means sending short messages, to and from mobile phones.
- Website means the Clearmatch website located at www.clearmatch.com.