Please read these terms and conditions carefully. By accessing the Inconcert website you agree to be bound by these terms and conditions and are entering into an agreement with Inconcert (ACN 89112575121). Inconcert reserves the right to vary or amend these terms and conditions at any time without prior notice. It will be your responsibility to review the terms and conditions of use and your continued use of the Inconcert website will be deemed acceptance of any changes.
Inconcert may from time to time have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”) who may provide services to you on behalf of Inconcert itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide any such services to you.
Use of the Websites
While Inconcert provides the Inconcert website, services and the materials and information on them in good faith, any use of our websites and services or reliance upon the material on our websites will be at your own risk and no advice or information, whether oral or written, obtained by you from Inconcert or through or from any website or associated services shall create any warranty not expressly stated in these terms. You agree to use our website and any services only for purposes that are permitted by (a) these terms and conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries). You agree that you will not engage in any activity that interferes with or disrupts any Inconcert website or services (or the servers and networks which are connected to such websites or services). You must take your own precautions against viruses or any other malfunction when using and accessing Inconcert’s website and services. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available”. In particular, Inconcert, its Subsidiaries and Affiliates, and its licensors do not represent or warrant to you that:
Security of On-line Services
You acknowledge there are some inherent risks associated with the transmission of information via the Internet, and while Inconcert uses 128 bit SSL (Secure Sockets Layer) encryption, the highest level of encryption currently available, which is a widely-used web technology that encrypts and decrypts a message for online transmission, when you are asked to make payments for any services; Inconcert can not guarantee the security of such transmissions and will not be liable to you for any loss or theft of information which you provide to Sports Hydrant or any of its Subsidiaries and Affiliates over the Internet.
Accuracy of Material
While we attempt to ensure the accuracy of the material on our websites including pictures, examples, news, statistics, data and any other information, we offer no warranties or representations as to the information's accuracy or currency. Information that we make available on our websites is subject to change without notice. In some cases the material may incorporate or summarise views, guidelines or recommendations of third parties.
Unless we indicate otherwise, Inconcert owns or licences the copyright to all material on the Inconcert websites including, but not limited to, images, graphics, source code and you should be aware that content presented to you as part of any website or associated services, including but not limited to advertisements in the services and sponsored content within any services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Inconcert (or by other persons or companies on their behalf). Unless you have been specifically told that you may do so by Inconcert or by the owners of specific content, in a separate agreement, you may not reproduce the material on our website without our written consent. This means that you may not: reproduce, adapt, store, communicate or distribute, sell, display, print, publish or create derivative works from any of the material on our websites; cause any material on our websites to be displayed on another website or embedded within a frame of another website. If you choose to share content with any person through your use of the Inconcert website or services, you do so at your own risk and warrant that you are authorised to share such content and in so doing are not infringing the intellectual property rights of any third party. If Inconcert is made aware your sharing of any content is a breach of a third party’s intellectual property rights Sports Hydrant may immediately suspend your account and the transmission of such content through any Inconcert website or service without notice to you.
Our websites are governed by the laws of New South Wales, Australia without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales, Australia to resolve any legal matter arising from the these terms. Notwithstanding this, you agree that Sports Hydrant shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
General Legal Terms
Sometimes when you use the Inconcert website, you may (as a result of, or through your use of the website or service) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals. These terms constitute the whole legal agreement between you and Inconcert and govern your use of our website and associated services (but excluding any services which Inconcert may provide to you under a separate written agreement), and completely replace any prior agreements between you and Inconcert in relation to our websites and associated services. You agree that if Inconcert does not exercise or enforce any legal right or remedy which is contained in these terms (or which Sports Hydrant has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to Sports Hydrant. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which Inconcert is the parent shall be third party beneficiaries to the terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these terms.
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