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Following are the terms and conditions that govern your use of this site.
TERMS AND CONDITIONS OF USE
Your Agreement with the Trustee of The Mary Grant Bruce Family Trust;
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT. IT IS BETWEEN YOU AND THE TRUSTEE OF THE MARY GRANT BRUCE FAMILY TRUST (“TRUSTEE”, “WE”, “US” OR “OUR”). PLEASE READ ALL OF THIS AGREEMENT (“AGREEMENT”) BEFORE YOU CONTINUE TO USE THIS WEBSITE. IF YOU DO NOT AGREE, PLEASE STOP USING THE SITE.
Owning This Website
The Trustee owns and operates this website. The Trustee, its licensors and its content providers own all of the content featured or displayed on this website. This includes, but is not limited to: text, graphics, photographs, images, illustrations and software (“Content”). That is, unless the pertinent Page(s) or the Acknowledgements Page note otherwise.
Laws protect all elements of this website including, but not limited to, the Content. They include trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Trustee forbids copying via any means of any portion or element of this website or its Content. Re-transmission isn’t allowed, either. These bars are except as permitted under this or another written agreement with the Trustee or one of its affiliates.
This website shall remain the exclusive property of the Trustee or its licensors unless otherwise expressly agreed. The same applies to its Content and all related rights. You indemnify the Trustee against losses, expenses, costs or damages incurred from your breaching the terms of this Agreement. And the same applies to your forbidden use of the Content and related rights. These indemnities also apply to any or all of the Trustee’s subsidiaries, affiliates and licensors.
- PROVIDES THIS WEBSITE AND ITS CONTENT “AS IS”;
- THE TRUSTEE EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED. THAT INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE;
- WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE. THAT INCLUDES, BUT IS NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES; AND
- GIVES NO WARRANTY THAT THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE WILL BE UNINTERRUPTED. NOR THAT THEY ARE WITHOUT ERROR. YOU, NOT THE TRUSTEE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING DUE TO YOUR USE OF THIS WEBSITE. THIS ALSO APPLIES TO ANY REPAIRS OR CORRECTIONS.
The Trustee is not liable for damages of any kind. Except as specifically stated in these Terms and Conditions of Use. Or as specifically stated elsewhere on this website, or as otherwise required by applicable law. Such damages include, without limitation: lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages. Provided that they arise out of your use of, your inability to use, or the performance of this website. Or of the Content. And whether or not we have been advised of the possibility of such damages. Neither will the the Trustee’s directors, employees, licensors, content providers, affiliates or other representatives be so liable.
The Trustee uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content. But we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There are links to other websites from the Mary Grant Bruce website. The Trustee does not control these other websites. We take no responsibility for any content contained on any such website. Nor for any loss suffered by you in relation to your use of such websites. You waive any and all claims against the Trustee regarding links to outside websites, or your use of those websites. Also, parties other than the Trustee provide services from this website.
Some US states and foreign countries disallow excluding limiting implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you. That is, to the extent that they are prohibited or superseded by state or national provisions.
Governing Law and Venues
This Agreement shall be interpreted, construed and governed by the laws of the Australian Capital Territory. That will be without reference to its laws relating to conflicts of law. And it will exclude the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Any one or more of three venues shall be used exclusively for all disputes arising under this Agreement. First, the Federal Circuit Court of Australia. Second, the Federal Court of Australia. Third, the High Court of Australia. Users of this website agree that any and all disputes shall be settled by binding arbitration. That includes disputes arising from the use of this website, or the ordering of materials from this website.
No Waiver, Severability
No Trustee actions may be construed as a waiver or amendment of any of these Terms and Conditions of Use. That is, in the absence of an express written waiver or amendment.
Any clause(s) of these Terms and Conditions of Use might be found to be unenforceable. Wherever possible this will not affect any other clauses. And each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use without notice. This also applies to prices, information and available contractual license terms featured on this website.
These conditions set out the entire agreement between the Trustee and you relating to your use of this website.
Licensed Content, Rights Clearance
The sole onus is on the Customer for accessing and otherwise controlling the use of all Licensed Content. This extends to distributing and monitoring the licensed use of all Licensed Content. That is: as between the Trustee and the Customer; and the Customer’s employees, representatives, agents, and business partners. And for any legal liability arising out of, or relating to, the Customer’s failure to so control all Licensed Content.
The sole onus is also on the Customer for ensuring that it has adequate rights and licenses. In particular, for using the Licensed Content displayed within the Services. This extends to the Reproduction of the Licensed Content. The onuses on the Customer in these ways extend to its subsidiaries, affiliates, and business partners.
The Trustee reserves the right to remove or otherwise restrict access to any Licensed Content. This includes content that:
- the Trustee has a reasonable basis to believe is unlawful or gives rise to any legal liability; or
- is culled from the website for legal or business reasons.
For any Customer Licensed Content that is so culled, the Trustee will make commercially reasonable efforts to either:
- manually supply the Customer with a digital copy of the culled image; or
- credit the Customer’s account for the cost of the culled image and provide a reasonable substitute.
The Trustee shall have sole discretion as to which remedy it shall provide.
Except as expressly permitted herein, each Party shall:
- keep confidential any Confidential Information of the other Party disclosed to or received by the Party;
- not disclose such Information to any third party or use it for its own benefit; and
- not disclose such Information for the benefit of any third party.
Except as expressly permitted herein, each Party:
- agrees to secure and protect the Confidential Information of the other Party as it would its own Confidential Information;
- agrees to take appropriate action by instruction to satisfy its obligations hereunder. Including with its employees, representatives or other agents who are permitted access to the other Party’s Confidential Information. And acting by agreement in much the same way; and
- shall cooperate with and assist the other in identifying and preventing the forbidden use of all Confidential Information. This also applies to such forbidden copying or disclosure.
Without limiting the foregoing:
- A Party will disclose the other Party’s Confidential Information only to persons who have a need to know it. And only for the purposes expressly permitted herein. This applies to its employees, representatives or other agents;
- A Party will not copy or allow the copying of any such Confidential Information. That is except as needed for the purposes expressly permitted herein, or as allowed by the other Party in writing; and
- With regard to any copy of any such Confidential Information made or allowed by a Party. It will contain all copyright and confidentiality contained on, or in, it as delivered by the other Party. It will also contain any other proprietary notices so delivered.
This Agreement and its exhibits make the entire agreement between the Parties. No charge, waiver or discharge hereof shall be valid unless it is in writing. The Party against whom such charge, waiver, or discharge is sought must also execute it in writing for it to be enforced.
We aim to adhere to the Australian Privacy Act.
© The Trustee of The Mary Grant Bruce Family Trust 2021. All rights reserved.