terms of use

The website accessed at http://www.insulatedpanelcouncil.org (“Site”) is owned by Insulated Panel Council Australasia Ltd ACN 152 384 659139 179 310 (“IPCA Ltd.”).  IPCA Ltd. also other websites which are linked to the Site (“Linked Sites”). The Site includes all information (including these Terms of Use), images, data, software and other materials on or making up or accessed from (excluding linking to other websites) the Site (“Content”).  The Content and the content of the Linked Sites may also be contributed by, or relate to, its subordinate committees and related entities which operates as an group under the auspices of IPCA Ltd. (“Group Members”) and third parties.  

This document sets out the terms and conditions (“Terms of Use”) on which this IPCA Ltd. and its Group Members (collectively, “we” or “us”) authorise you to access and use the Site and the Linked Sites.  Unless and to the extent these Terms of Use expressly state otherwise, any other terms, policies and other documents referred to in this document (including by way of hyperlink) are incorporated into and form part of these Terms of Use.

Each time you access the Site or any of the Linked Sites you agree with us to be bound by these Terms of Use, (including our Privacy Policy) as amended and varied from time to time. If you do not agree with these Terms of Use you should not access or use the Site or any of the Linked Sites.

CHANGES AND ACCESS

We may from time to time change the Site, any of the Linked Sites and/or their contents (including these Terms of Use) without notice.  You should periodically check these Terms of Use for any amendments or changes that may be made to them from time to time.

We may at any time and in our sole discretion refuse access, restrict access or discontinue the Site and/or any of the Linked Sites in whole or any part.  We accept no liability for any loss or damage suffered or incurred by any person arising from or in connection with any changes to the Site or any of the Linked Sites (including these Terms of Use) or our refusal or failure to provide access to the Site and/or the Linked Sites.

APPLICATIONS AND INQUIRIES

You may from time to time contact us through the Site to submit expression of interest in any information sessions or events advertised on the Site (“Application”); or through the Site or any of the Linked Sites to submit queries or comments (“Inquiries” or “Inquiry”).  Your Application will involve your provision of information (such as your contact details). Such information will be used for the purposes of contacting you in relation to your Application and to deal with your Application and/or provide information to you.

Consent to use and disclosure of your information

By submitting your Application and/or Inquiry via the Site or Linked Sites you agree:

• To have your contact details and any other information contained in your Application and/or Inquiry (“Your Information”) forwarded to the relevant Group Member contractor and advisor (including its employees and contractors used in connection with your Application and/or Inquiry); and

• We and our contractor(s) may use Your Information (and disclose it to employees, contractors, agents and other representatives that work with us),

For the purposes of dealing with your Application and/or Inquiry, internal training, our own market or industry research, publicity or marketing (including publishing any of your Inquiries) and/or as otherwise authorised under the objects of IPCA Ltd. A copy of the objects of IPCA Ltd. may be viewed at http://www.insulatedpanelcouncil.org

An Application or Inquiry does not create any interest in, or constitute a contract of sale or reservation over any goods or services.

DISCLAIMER

THE SITE IS PROVIDED “AS IS” AND ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK.

No person should rely on, or act or refrain from acting solely on the basis of, any of the content or other information obtained from or in connection with the Site, the Linked Sites or any other website linked from the Site.

General information

The Site, the Content and any information posted by us on our Linked Sites is provided for general information purposes only and does not in any way constitute advice or an approval or recommendation, nor an endorsement or sponsorship by us of any third party information (whether on the Site or obtained from any other website or by other means).

Images (including photographs, illustrations and other images) and descriptions used on the Site and/or the Linked Sites and its promotions are intended to be a visual and descriptive aid only.

Prices, estimates, photos, diagrams, shown (including any indication on the Site or Linked Sites regarding the lifespan or level of performance applicability or suitability of any material or product, cost savings resulting from any product or materials) are indicative only and are subject to change without notice.  All information on the Site and Linked Sites are correct at the time of publication.

All information on the Site and any Linked Site is general in nature only to the expanded polystyrene products, materials and industry and should not be relied upon in entering into any contract involving any material or product illustrated or described on the Site. 

Third party information

While IPCA Ltd. will endeavour to monitor the content of the Site and the Linked Sites and remove any information posted onto the Site or Linked Sites which is incorrect, IPCA Ltd. is not responsible for the accuracy of any information which is not posted by IPCA Ltd. on the Site or any of its Linked Sites and IPCA Ltd. does not endorse any non-IPCA Ltd. posts on the Site or any of its Linked Sites.

IPCA Ltd. or does not endorse any non-IPCA Ltd. website (including any such website linked to the Site) or accepts any responsibility for the content or use of that other site and we make no representations or warranties regarding the truth, accuracy or any other aspect of the information located on any third party websites. Any such links are provided for convenience only and may not remain current.

General Disclaimer

You should not rely on any Content as the basis of entering into a contract to purchase any products from any party or make any Application (or both).

You should conduct your own due diligence with respect to any contract of supply of any material or product with any party (including any party associated with IPCA Ltd.). IPCA Ltd. is not responsible for any commercial agreements made by any of its members.

To the full extent permitted by law and except as expressly set out elsewhere in these Terms of Use, IPCA Ltd. and each Group Member excludes all representations, conditions and warranties (express or implied), including regarding merchantability or fitness for a particular purpose and, in particular, does not represent or warrant that:

• The Site, Content or the Linked Sites (or any other website’s software, data or files contained in, accessed via or linked or referred to in the Site) are free of error, defects or viruses, trojans, worms or other deleterious data, code or programs or will remain available to any or all users;

• Use of the Site and/or the Linked Sites is without risk;

• Any description, illustration, photograph or other image or statement contained on the Site, Linked Sites or in any associated promotional matter is accurate, complete, error free or current or that it accurately or sufficiently describes or shows the expanded polystyrene products or materials or the expanded polystyrene industry, or that it is suitable for your purposes;

• Any other content on, accessible via or obtained from the Site or Linked Sites is accurate, complete, error free or current or suitable for the purposes of any user; or

• Other users will comply with the law (including these Terms of Use) when using the Site or any Linked Sites.

EXCLUSION OF LIABILITY

To the full extent permitted by law (including in the case of any consumer contract in respect of which, or any condition or warranty that cannot by law be excluded but in respect of which, we are not prohibited from excluding our liability as set out in this clause), neither IPCA Ltd. nor any Group Member (nor any officers, employees, agents or contractors of IPCA Ltd. or the Group Members) is liable to you under these Terms of Use, law of tort (including negligence), legislation, common law, in equity or otherwise for:

• Any loss, damage, costs (including all legal costs of any kind) arising, whether directly or indirectly, from loss or corruption of data, other information or computer systems or from any business interruption;

• Any expense or liability of any kind;

• Any loss of revenue, profit, anticipated savings or opportunity, (whether direct or indirect and whether due to the negligence or otherwise of any of us or our officers, employees, agents or contractors) suffered or incurred by you, arising from or in connection with:

• Access to or use of or reliance on the Site, the Content or any of the Linked Sites;

• Any inability to access or use or malfunction of the Site or any of the Linked Sites;

• Reliance on any advertisement or promotion on or related to the Site or any Linked Sites;

• Any errors or defects in the Site, any Linked Sites or Content;

• Any failure or breach (whether by us or any other person) of any security protections, mechanisms, protocols and/or procedures contained within or related to the Site or any Linked Sites;

• The loss of or damage to any Content, content of any of the Linked Sites or any Feedback sent to IPCA Ltd. or a Group Member or any other person;

• Any defamatory, obscene, discriminatory or otherwise illegal information or other Content posted on the Site or content of the Linked Sites, or sent to us, by any third party; or

• The unauthorised direct or indirect use of the Site, Linked Sites or related services by other persons, even if IPCA Ltd. or any Group Member (or their officers, employees, agents or contractors) have been advised of the possibility of such loss, damage, cost, expense or liability.

FEEDBACK

We welcome your feedback, comments and ideas (“Feedback”) regarding the Site and/or any Linked Sites.  When you provide Feedback via the Site (including via forms or email links on the Site) or the Linked Sites you agree that in doing so:

• You irrevocably assign all copyright in such Feedback to IPCA Ltd.;

• Without limiting the previous paragraph, you grant to IPCA Ltd. and each Group Member an irrevocable, perpetual, worldwide, fully transferrable, royalty free license to use (including to copy, modify, adapt or improve) and exploit in any other way (including to register, license, sell and commercialise in any way) all intellectual property rights in such Feedback;

• You consent to us (and any of our successors, assigns and licensee’s) using Feedback in a way that infringes your moral rights (including acknowledging us as an author of any work, and waive your right to be acknowledged as an author of any work and making any modifications to any work as we see fit); and

• You consent to us using and disclosing your personal information included or connected with your Feedback for the purposes of dealing with and otherwise exploiting your Feedback.

INTELLECTUAL PROPERTY RIGHTS

The Site, the Content and the content of any Linked Site is comprised of matter (including copyright works and other subject matter) in which various intellectual property rights exist, including without limitation copyright, patents, designs, trade marks, goodwill, rights in computer programs and databases and any other similar rights of a proprietary nature (“Intellectual Property”).

All Intellectual Property in the Site, Content and any Linked Site (including if it is licensed to us) is the exclusive property of IPCA Ltd. the Group Member that contributed it to the Site or our licensors (as the case may be).

Subject to our right to revoke our permission for you to use any Intellectual Property in the Site or any Content or the Linked Sites, you may use the Intellectual Property only to the extent necessary to enable you to browse the Site and Linked Sites (in the form it is available to the public) for your own personal use and to make Applications, Inquiries and Feedback to us only.  We reserve all other rights with respect to the Intellectual Property.  For the avoidance of doubt, you may not use the Site, the Linked Sites or any content from the Site or Linked Sites for any commercial purpose and you may not reproduce, publish, communicate, transmit or incorporate into any other document or thing the whole or any part of the Site, Linked Sites or any content from the Site or Linked Sites without the prior written permission of the Intellectual Property owner.

Access to the Site does not, unless and only to the extent expressly stated otherwise, confer on you any license or other rights in respect of the Intellectual Property in the Site or any Content.

We reserve the right to revoke at any time, with or without cause, your permission to use any copyright, trade mark or any other Intellectual Property in the Site or any Content.

PRIVACY

In using the Site and/or the Linked Sites you may give us or we may collect personal information.  To know more about what personal information we collect and how we may use or disclose it please view our Privacy Policy which relates to the Site and the Linked Sites.  Our Privacy Policy is accessible from the Site.  In addition to any other consent in these Terms of Use, by using the Site you consent to us using your personal information in accordance with our Privacy Policy.   

YOUR OBLIGATIONS

You agree you will not use any Content or other information, software or any other materials contained in or accessed or obtained from or otherwise in connection with the Site or any of the Linked Sites for any purpose that is illegal.

You agree you will not use, or post or send to or via the Site or any of our Linked Sites any information or code (including any virus, script, program, bot, worm or other code) in any form that:

• Causes, or for the purpose of causing, harm of any kind to us, any user or any other person, the Site or any other property; or 

• Which breaches any Australian laws including its States and Territories) and of any jurisdictions in which you reside or that otherwise apply to your use of the Site or any of the Linked Sites. 

You agree that any information you provide to us (including by completing forms on the Site or emailing it to us or one of our representatives) in connection with the Site or any of the Linked Sites will be true, accurate, complete and up-to-date and will not be misleading.

In addition, you agree you will not:

• Data mine or conduct automated searches of or on the Site, the Linked Sites or their contents;

• Incorporate without our express consent any of content of the Site or Linked Sites in any listings, advertising, promotional or other information or materials except as these terms expressly provide otherwise; or

• Create links from the Site or any of the Linked Sites to any other website or frame or mirror the Site or any of the Linked Sites without our express prior written consent.

YOUR INDEMNITY

You hereby irrevocably indemnify IPCA Ltd. each Group Member, the officers, employees, licensees and contractors of any of them and Users (“Indemnified Persons”) and will keep each Indemnified Person indemnified, from and against any and all loss, damage, cost (including reasonable legal costs on a full indemnity basis) or expense suffered or incurred by any Indemnified Persons, and from and against any liability any Indemnified Persons have to any other person, arising from or in any way connected with (whether directly or indirectly):

• Your breach of these Terms of Use; or

• Your acts or omissions (including negligence) and those of your officers, employees and contractors, in any way connected with (whether directly or indirectly) your use of the Site and your use of any of the Linked Sites.

GOVERNING LAW

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Queensland and any courts hearing appeals from those courts.