Terms & Conditions

Website Terms of Use

These Terms of Use (“Terms”) govern your use of our website located at https://www.upstairs.org.au/ (“Website”) and form a binding contractual agreement between you, the user of the Website and us, Upstairs Regional Incubator Bathurst Ltd.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us on +61 411 579 536.

By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

Licence to Use Website

We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.

You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.

You may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

You may not modify or copy the layout of the Website, or any computer software and code contained in the Website.

Links to Other Websites

The Website contains links to other websites owned and operated by third parties and which are not under our control. We provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the linked site. We do not endorse, sponsor or approve any content available on any linked website. We are not responsible for the material contained on those linked sites.

Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website, including copyright in the material on the Website.

Disclaimer

We do not warrant guarantee or make any representation that:

  • (i) the Website, or the server that makes the site available on the World Wide Web are free of software viruses;
  • (ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and 
  • (iii) errors and defects in the Website will be corrected.

We are not liable to you for:

  • (i) errors or omissions in the Website, or linked sites on the World Wide Web;
  • (ii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
  • (iii) defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence of us, our employees or independent contractors, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Liability

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. To the full extent permitted by law, we also exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option, in the case of services:

  • (i) the supply of the services again; or
  • (ii) the payment of the cost of having the services supplied again.

Alteration of Terms of Use

We reserve the right to change these Terms with or without further notice to you, and without giving you any explanation or justification for such change.

Editorial Control

You acknowledge and agree that:

  • (a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
  • (b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

Termination

These Terms terminate automatically if, for any reason, we cease to operate the Website.

We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

Governing Law

This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

General

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without

affecting the validity or enforceability of the remaining provisions.

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