Catalyze APAC Pty Ltd (ABN 53 602 935 222)
Use of our website
Please read these terms and conditions of use carefully. By using this website, you agree to these terms and conditions.
These terms and conditions incorporate our privacy policy, which can be accessed via our Website.
Your access to and use of this Website is subject to the following terms and conditions of use and all applicable laws. These terms and conditions of use may be changed in the future at any time without further notice.
These terms and conditions apply exclusively to your access to, and use of, this Website and will not alter in any way the terms or conditions of any other agreement you may enter into with Catalyze APAC Pty Ltd (‘Catalyze’, ‘we’, ‘us’) or any other associated entity for products, services, or anything else. The information provided on this Website is provided without charge for informational purposes only and does not create any business or professional services relationship between you and Catalyze.
You will use your best endeavours to ensure that:
- any unauthorised access or use of the service or Website is immediately notified to us;
- all reasonably necessary or desirable security measures, procedures or systems are implemented and maintained by you to enable you to comply with your obligations under these Terms;
- you are able to access and use the service by means of any computer system, network or internet portal that is owned, operated or controlled by you or on your behalf;
- you shall not knowingly allow any person to access or use the Service or the Website using your login or identification;
- You shall provide Catalyse’s representative with any assistance reasonably necessary or desirable to enable us to locate and stop any person wrongfully accessing or using the service or our Website, by means of any computer system, network or internet portal that is owned, operated or controlled by or on your behalf, in a manner that is in breach of or is inconsistent with these Terms;
- You shall not assign or sub-license any licence granted under these Terms
- You shall not enter into any agreement that allows any person to access or use the Service or Website in breach of these Terms or in a manner that is inconsistent with these Terms.
Copyright and intellectual property
The contents of this Website, including all software, graphics, material, publications, documents and information and data of any kind available on or through the Website, is owned or licensed by us and is for informational and non-commercial or personal use only. All rights are reserved by us. Any and all intellectual property rights, title and interest arising in or in relation to the Website remains with or vests in us.
Nothing in these terms or on the Website transfers or assigns any intellectual property rights to any other party.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. This right is personal, non-exclusive and revocable at any time. Any other use of the materials in this Website — including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance is strictly prohibited. . No further reproduction, distribution or use of this Website or any content available from it, in whole or in part, is permitted.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads;
- the time of access and IP addresses used to access the Website; and
- such other forms of monitoring as may be available from time to time.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
If we reasonably suspect that you are in breach of these terms, we may take steps to block any access to or use of our content and prosecute you to the full extent allowable by law.
User generated content
You are legally responsible for any content you submit to or on this Website.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information other than personal identifying information, provided by you in the form of e-mail or submissions to Catalyze, or postings on this Website, are non-confidential and shall become the sole property of Catalyze. Catalyze shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Catalyze, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials.
You must not use the Website to:
- post or transmit any negative, disparaging or unlawful comments or material;
- post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, fraudulent, racially or sexually vilifying, obscene, pornographic or indecent material of any kind or any material in contempt of any court or parliament, or encourage any other person to do so;
- post or transmit any false or misleading material or make any form of misleading or deceptive representation.
We accept no responsibility or liability for any user content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any user content of any other user, and are not responsible for the accuracy, legality or decency of such content.
You shall remain solely liable for the Content of any messages or other information you upload or transmit to Catalyze. You agree to indemnify and hold harmless Catalyze, and its officers, directors, employees and owners from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
We have the right (but not the obligation) to monitor and review user content. We may:
- remove and/or edit and user content at any time and for any reason; and
- notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities
Hyperlinks
You are granted a limited, non-exclusive right to create a hypertext link to this Website, provided such link does not portray Catalyze or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time, and you agree to promptly remove any such links at Catalyze’s request.
Catalyze may provide links to Web pages and content of third parties (the “Third Party Content”) as a service to those interested in this information. Catalyze does not monitor, have any control over or accept responsibility for any Third Party Content or third party Websites or the quality, content, privacy policies or reliability of such content. Catalyze undertakes no responsibility to update or review any Third Party Content found on this Website.
Restrictions
You must not:
- use the Website, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or device to us;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- impersonate any person or entity;
- post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
- harvest or collect email addresses, photographs or personal information of other users;
- exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- provide access or links to any material which may infringe the intellectual property rights of another person; or
- delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website.
At our request you agree to do all things necessary and desirable, either to give effect to these Terms or to help us comply with all regulatory directions and obligations.
Disclaimer
This website and the materials in this website are provided on an “as is” basis without warranties of any kind, either express or implied. Catalyze disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Catalyze does not represent or warrant that materials in this website are accurate, complete, reliable, current, or error-free. Catalyze does not represent or warrant that this website or its server(s) will not be interrupted or are free of viruses or other harmful components.
Changes
Catalyze reserves the right to change any and all content contained on this Website at any time without notice. Reference to, or links with, any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or other designation does not constitute or imply endorsement, sponsorship, or recommendation thereof by Catalyze.
Limits of liability
In no event will Catalyze, or its offices, directors, shareholders or employees, be liable for any direct, indirect, special, or consequential damages, or any other damages whatsoever, for any use of or reliance on this Website, or any linked or referenced Website, including, without limitation, any lost opportunity, lost profits, business interruption, loss of programs or data, even if expressly advised of or otherwise aware of the possibility of such damages, whether in an action of contract, negligence, tort, or otherwise.
Indemnity
You agree to release and indemnify, defend and hold Catalyze, its directors, officers, employees and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against you or us related to or in any way connected with any use of this Website by you or any failure by you to perform your obligations in relation to these terms. This indemnity shall survive the termination of these terms.
Applicable law
The use of this Website and downloads from it, and these terms of use, shall be governed by the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts and tribunals of that State.
Termination
Notwithstanding any of these terms and conditions, Catalyze reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website.
Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.