These Terms and Conditions of Use (T&Cs) apply when you visit the website at http:// www.1pt.com.au (Online Platform) managed by NavMedia Pty Ltd (ABN 50 165 893 309) trading as OnePoint (OnePoint or our or we). Please read these T&Cs before accessing or using the Online Platform. By accessing or using the Online Platform you acknowledge and agree to be bound by these T&Cs. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Online Platform.
The information contained on the Online Platform is provided in good faith on an “as is” basis. OnePoint does not represent or warrant the reliability, accuracy or completeness of the information contained on the Online Platform. To the extent permitted by law, one point is not responsible or liable for any Liabilities arising in any way for errors in, or omissions from, the information on the Online Platform.
Our Intellectual Property
acknowledge that copyright in the Online Platform, the software, design, text and graphics comprised in the Online Platform, the selection and layout of the Online Platform and the content and materials on the Online Platform (together, the Materials) are owned by or licensed to us;
must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
must not frame or embed in another website any of the material appearing on the Online Platform without our prior written consent.
store a reproduction of the content on the Online Platform on your local computer for the sole purpose of viewing the content and Materials; and
print hard copies of the content and Materials for the sole purpose of viewing information but not for any other use, including commercial use.
The Online Platform and any ancillary materials or documents owned or used by OnePoint in connection with its services contain registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of OnePoint (or its clients). You must not use any of the marks or trademarks appearing on the Online Platform or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
Your Intellectual Property
By contributing, posting messages, uploading files, inputting data, linking to data or files on third-party sites (such as Youtube, Vimeo, Flickr, Picasa, Facebook, Twitter, Blogger, or WordPress), or engaging in any other form of communication through our Online Platform or during a Community Engagement Activity you are creating user content (User Content), you are granting Creative Suburbs a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to:
use, copy, sublicense, adapt, transmit, publicly perform or display any such User Content; and
sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the User Content.
This licence shall include the right to exploit any proprietary rights in the User Content, including but not limited to rights under publicity, copyright, trademark, or patent laws under any relevant jurisdiction.
Moderation of User Content
We reserve the right to filter, modify, publish and remove User Content on the Online Platform at all times at our discretion.
Third Party Content
You acknowledge and agree that third-party content on our Online Platforms represents the thoughts, sentiments and intentions of that third-party and not the views of OnePoint. In addition, you acknowledge and agree that OnePoint shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content posted on our Online Platforms by third parties.
You covenant and warrant that:
all information and data provided by you to us through the Online Platform (including as part of any customer registration process) or otherwise is true, accurate, complete and up to date;
you have and will comply with all relevant laws relating to your use of the Online Platform;
you will ensure that any LoginID and password that is used to access the Online Platform and the details of any of your accounts is kept in a safe and secure manner;
you will promptly notify us if you are or become aware that there is or has been an unauthorised use of any LoginID and password or account, or any other security breach relating to any of your accounts;
you will promptly advise us of any changes to your information provided to us as part of any registration process;
you are responsible for any costs associated with your access to or use of the Online Platform, including Internet access fees;
you are responsible and liable for any person that uses any of your LoginID and password through the Online Platform.
You must not:
use the Online Platform for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
use the Online Platform in a manner or way, or post to or transmit to or via the Online Platform any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Online
make fraudulent or speculative enquiries or requests through the Online Platform;
use another person’s details without their permission or impersonate another person when using the Online Platform;
post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal
tamper with or hinder the operation of the Online Platform;
knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Online Platforms;
use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Online Platform;
modify, adapt, translate or reverse engineer any portion of the Online Platform;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Online Platform;
create accounts by automated means or under false or fraudulent pretences;
use the Online Platform to violate the security of any computer or other network or engage in illegal conduct;
take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
use the Online Platform other than in accordance with these T&Cs; or
attempt any of the above acts or engage or permit another person to do any of the above acts.
OnePoint does not claim that any information (including any files) obtained from or through the Online Platform is free from viruses or other faults or defects.
You are responsible for scanning any information for viruses. You agree that OnePoint has no responsibility or liability to you or any other person for any Liabilities which may be the direct or indirect result of any such viruses.
If OnePoint is found to be liable this will be limited to the cost of supplying the information again.
OnePoint and our users may provide links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on these third-party sites.
Please contact OnePoint if you would like to place a link to any part of an Online Platform.
Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Online Platform and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these T&Cs.
Limitation of Liability
We do not warrant the suitability of the Online Platform.
To the extent permitted by law, OnePoint is not liable to you for any Liability arising in connection with the Online Platform.
If we are found liable at law, then our Liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. Liability of one point for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at OnePoint’s option, to:
the supply of the information again;
the payment of the cost of having the information supplied again or rectified.
You agree to indemnify, defend and hold us and our partners, agents, directors, officers, employees, subcontractors, third-party suppliers of information, advertisers, service providers, clients and other affiliates harmless from any Liability arising in connection (directly or indirectly) with your use of the Online Platform.
If the whole or any part of a provision of these T&Cs is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these T&Cs has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
These T&Cs are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Changes to these T&Cs
We may change these T&Cs at any time, and such modifications will be effective as soon as they are posted on the Online Platform. By continuing to use the Online Platform after these T&Cs have been modified, you agree to be bound by the changes to these terms and conditions.
Capitalised terms used are defined in these T&Cs.
In these terms:
“Liabilities” means all direct and/or indirect liabilities, costs, damages, losses, claims, causes of action arising whatsoever or howsoever caused, including indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence).
“LoginID” means the login identification (e.g. email address etc.) that you provided to us as part of any registration process to use the Online Platform.