These Terms and Conditions of Use (the Terms and Conditions) apply to the ESEPP HELP website located at http://esepphelp.net.au (the Site) and all associated websites linked to the Site. By using our Site and services you agree and accept the Terms and Conditions.
The Site and related services are made available to you, the user and/or customer of this Site (you, your, User) in accordance with the below terms and conditions (Terms and Conditions). Please read the Terms and Conditions carefully. Your use of the Site indicates your acceptance of the Terms and Conditions. Specific services offered on the site may require registration and be subject to additional terms.
2. Variation of these Terms and Conditions
We may make changes to these Terms and Conditions at any time. You should check these Terms and Conditions regularly for such changes. If we change these Terms and Conditions we will publish an updated version under the ‘Terms and Conditions’ link on the Site. Your access or use of the Site after an updated version of these Terms and Conditions has been made available on the Site indicates your acceptance of the Terms and Conditions as changed by us.
3. Content – Intellectual Property
All materials on the Site (except for Your Content and User Content) are owned by us (Our Content) or our third party licensors, which includes materials protected by copyright, trade mark and other intellectual property rights.
Third party websites, including Linked Sites (as defined in clause 13) may post statements, information, features, content, products or other materials on the Site from time to time (Third Party Posted Material). We are licensed by Linked Sites to use their intellectual property and Third Party Posted Material on the Site.
This Site or any portion of this Site, including Third Party Posted Material, may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited without our express permission, which consent may be withheld in our full discretion, or otherwise permitted under the Copyright Act 1968 (Cth). If you do wish to obtain permission for a particular use of our Site, please contact us via email at or post at PO Box 1034, North Sydney NSW 2059.
Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trade mark or confidential information. No trade marks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.
You may use Our Content and Third Party Posted Material for your personal, non-commercial purposes. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, post, transmit, publish or create derivative works from, or use for any commercial purpose, any part of Our Content or Third Party Posted Material.
Specifically, except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites;
perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites;
alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites; or
use or apply for commercial purposes any material or information on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites,
without our specific prior written consent.
To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content, User Content or Third Party Posted Material and have no liability to you for your use or reliance on Our Content, User Content or Third Party Posted Material.
Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
All rights not expressly granted in these Terms and Conditions are reserved.
4. Your Content
The Site may provide you with the ability to upload and publish materials including text, images, information, comments and other data (whether via email, comment, post, blog, enquiry or by any other means) to or through the Site (Content). You retain ownership of any Content you upload and publish (Your Content). Other Users retain ownership of any Content they upload and publish (User Content).
5. Responsibility for Your Content
You acknowledge and agree that:
you create and provide us with Your Content at your own risk;
you are personally responsible and liable for Your Content;
you are not entitled to any payment from us in respect of Your Content or our use of it;
we are not obliged to use, maintain or display Your Content on the Site;
Your Content does not contain any confidential information and may be seen by others; and
we may use Your Content to publicise and promote us and the Site.
6. Prohibitions on Your Content
Your Content must not include anything which:
you do not have the right to disclose or make available under law or an obligation you have to a third party (such as confidentiality agreements); or
reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses; or
infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal or prohibited by any law.
7. Our use of Your Content
By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use, reproduce, modify, distribute, broadcast, sublicense and/or otherwise exploit part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so.
You acknowledge and agree that we, our successors, assignees and licensees may do or omit to do anything to Your Content which may otherwise infringe any moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.
8. Monitoring, modification and removal of Content
We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site.
We reserve the right, but have no obligation to, amend, supplement, delete or update Our Content (as defined in clause 3), Your Content or User Content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content), we may remove such material without notice to you.
9. Interactions with other Users
You acknowledge that it is possible that other Users may not comply with these Terms and Conditions, and could post Content which breaches our Terms and Conditions.
You should be careful when communicating with and interacting with other Users of the Site.
You agree to indemnify and hold us harmless in connection with any actions of any other User and any dispute or claim that you may make against any other User, irrespective of that action, dispute or claim relating to the use of the Site.
10. No illegal use
You must not use the Site in any manner or for any purpose which is illegal or prohibited by any law.
11. Site disclaimers
Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of the Site, including rights arising from any statutory guarantee, nothing in these Terms and Conditions operates to exclude them. Subject to the preceding sentence, you acknowledge that your use of the Site, Our Content, Your Content, User Content, Linked Sites and Third Party Posted Material, is entirely at your own risk and that they are provided without warranty, either express or implied.
We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.
12. Liability and indemnity
We do not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free. We will attempt to keep the content on the Site up to date. However, we do not warrant the accuracy or currency of the content.
To the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors are liable to you and you indemnify and hold us harmless in respect of any and all claims, loss, damage or costs (including legal costs on a full indemnity basis), however arising (whether in negligence or otherwise) in connection with:
your use, misuse or reliance on the Site, Our Content, User Content and any content accessed through the Site;
your failure to comply with these Terms and Conditions;
Your Content, including its use, misuse or misappropriation;
your use, misuse or reliance on any Linked Site (as defined in clause 13); or
any acts or omissions by you.
13. Third party links
The Site may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively, Linked Sites). Access to Linked Sites is provided for convenience only and you are responsible for evaluating whether you want to use a Linked Site.
You acknowledge that:
when accessing and using any Linked Sites, you will be subject to their terms and conditions of use;
we do not control or endorse and we are not responsible for any features, content, products or other materials on or available from a Linked Site;
we are not a party to your relationship with the owners or operators of a Linked Site;
any rights, claims or actions you may have in respect of a Linked Site may only be brought directly against the owners or operators of the Linked Site; and
we may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on, or in relation to, these payments.
14. Paid advertising
Some of the content on the Site, including articles, sponsorships and promotions, constitutes paid advertising. This means that we may have received a payment or other benefit in return for publishing.
Responsibility for the content of advertisements appearing on the Site (including hyperlinks to Linked Sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between yourself and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
We may terminate your access to the Site (or any part of it) at any time without reason and without notice. These Terms and Conditions survive any such termination.
17. Accounts and passwords
If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep your username and/or password for that account confidential.