1. Ownership of Site and Acceptance of Terms
These Terms and Conditions of Use (Terms of Use) apply to the website located at conceptforum.com.au and all related websites operated by Concept Forum Pty Ltd, including any subsidiaries or affiliates (Site).
The Site is owned and operated by Concept Forum Pty Ltd (Concept Forum, we, us, or our).
By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree, you must not access or use the Site.
Concept Forum reserves the right, at its discretion, to amend these Terms of Use at any time. Any amendments will take effect once published on the Site. You are responsible for reviewing the Terms of Use periodically. Continued use of the Site after changes are published constitutes acceptance of the amended Terms of Use.
Subject to your compliance with these Terms of Use, Concept Forum grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Site for personal and lawful purposes.
2. Content and Intellectual Property
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork, software and other materials displayed on or made available through the Site (collectively, Content) are owned, controlled or licensed by Concept Forum and are protected under Australian and international intellectual property laws, including copyright, trade mark and unfair competition laws.
Except as expressly permitted under these Terms of Use, you must not copy, reproduce, republish, upload, post, transmit, distribute, modify, display or exploit any part of the Site or any Content without Concept
Forum’s prior written consent.
You may download and use materials intentionally made available by Concept Forum for download (such as product information or knowledge base articles), provided that:
1. all copyright and proprietary notices are retained;
2. the materials are used solely for personal, non-commercial informational purposes;
3. the materials are not modified; and
4. no additional representations or warranties are made in relation to the materials.
3. Your Use of the Site
You must not:
• use any automated system (including bots, spiders or scrapers) to access, monitor or copy any part of the Site without prior written consent;
• attempt to gain unauthorised access to any part of the Site, systems or networks connected to the Site;
• test the vulnerability or security of the Site or any connected systems;
• collect or attempt to collect personal information of other users without authorisation;
• interfere with the proper functioning of the Site or impose an unreasonable load on our infrastructure;
• impersonate any person or entity or misrepresent your affiliation;
• use the Site for any unlawful purpose or in breach of these Terms of Use.
Concept Forum reserves the right to restrict or terminate access where prohibited use is identified.
4. Purchases and Additional Terms
Additional terms and conditions may apply to purchases of goods or services or to specific features of the Site. Those terms form part of these Terms of Use by reference.
In the event of any inconsistency, the specific terms applicable to the relevant product, service or feature will prevail.
Concept Forum’s obligations in relation to products and services are governed solely by the applicable supply agreement. Nothing on the Site varies or replaces those agreements.
Concept Forum may change products, services or pricing at any time without notice. Information on the Site may not always be current, and Concept Forum makes no commitment to update such information.
5. Privacy
Your use of the Site is subject to Concept Forum’s Privacy Policy, which forms part of these Terms of Use.
You acknowledge that internet communications are not completely secure and that transmissions to or from the Site may be intercepted despite security measures.
6. Disclaimers
To the maximum extent permitted by law, the Site and all Content are provided on an “as is” and “as available” basis. Concept Forum does not warrant that the Site will be uninterrupted, error-free or free from harmful components.
Concept Forum disclaims all warranties, express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement, except where such warranties cannot be excluded under Australian law.
Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantees under the Australian Consumer Law that cannot be lawfully excluded.
7. Limitation of Liability
To the extent permitted by law, Concept Forum will not be liable for any indirect, incidental, consequential or special loss or damage, including loss of profits, arising out of or in connection with your use of the Site.
Where liability cannot be excluded, Concept Forum’s liability is limited (at its option) to resupplying the relevant services or paying the cost of resupply.
8. Indemnity
You agree to indemnify and hold harmless Concept Forum and its officers, employees and agents from any loss, damage, liability or expense arising from your breach of these Terms of Use or misuse of the Site.
9. Breach and Termination
Concept Forum may suspend or terminate your access to the Site at any time, without notice, if you breach these Terms of Use or if required by law.
Concept Forum may disclose information where required by law or reasonably necessary to protect its rights, property or users.
Termination does not affect accrued rights or remedies.
10. Governing Law and Dispute Resolution
These Terms of Use are governed by the laws of Victoria, Australia, and the laws of Australia.
You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
The parties agree to attempt to resolve disputes in good faith before commencing legal proceedings.
11. General
If any provision of these Terms of Use is held to be invalid or unenforceable, it will be severed and the remaining provisions will remain in force.
These Terms of Use constitute the entire agreement between you and Concept Forum in relation to use of the Site.
Concept Forum’s failure to enforce any right does not constitute a waiver.