WEBSITE TERMS OF USE

  1. Terms of Use

Welcome to the website of Rockwell Media Pty Ltd T/A Polara Media (ABN 15 164 316 438) (Company, we or us).

These website terms of use (Terms of Use) apply to the Company website, and all associated sites owned and operated by the Company (Website).

You must read the Company Privacy Policy in conjunction with the Terms of Use.

By using the Website, you are deemed to have read and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must leave the Website immediately. You agree to notify the Company of any facts or circumstances of which you become aware that would make representations in these Terms of Use inaccurate in any respect.

  1. Amendments

The Company reserves the right, at its sole discretion, to amend, add or remove portions of these Terms of Use (including replacing these Terms of Use with entirely new Terms of Use) at any time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Website following such amendments being placed on the Website represents an agreement by you to be bound by the Terms of Use as amended.  

  1. No Reliance
    1. We do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on the Website.
    2. The Website may contain links to other websites not owned and operated by the Company (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. The Company is not responsible for the content or privacy practices associated with Linked Websites. Our links with Linked Websites must not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, including further links contained on those Linked Websites, unless and to the extent expressly stipulated to the contrary.
  2. Intellectual Property

Unless otherwise stated, as between the Company and you, the Company is the owner of all copyright, patents, trade marks and other intellectual property rights in the text, graphics, logos, use interfaces, images, trade marks, sounds, artwork, computer code, any downloads offered on the Website and any other information contained on the Website (collectively, Content). The Company’s ownership in the intellectual property of the Content is protected by both Australian and international law. If you believe that anything on the Website infringes your copyright or trade mark rights, you should notify the Company in accordance with clause 20.

  1. Licence

The Company grants you a limited licence to access and make personal use of the Website and the Content (Licence). Any contravention by you of these Terms of Use terminates the Licence immediately. Under no circumstances, without the prior written approval of the Company, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website or its Content other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from the Website. You shall not frame or utilise framing techniques to enclose any of the contents of the Website without the Company’s express prior written permission. You may not use any meta tags or other hidden text which incorporate the Company’s name or any of its intellectual property, including trade marks, without the Company’s express prior written permission. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of the Website, so long as the link does not portray the Company or its services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trade mark as part of the link without the Company’s express written permission. Using any Content included on the Website other than in accordance with the Licence is strictly prohibited.

You agree to fully indemnify the Company, its related parties, officers, directors, shareholders, contractors, subsidiaries, affiliates, employees or its agents (together, Company Entities) for any loss or damage it may suffer in in respect of any third party claims against them that may arise out of or in connection with your use of the Website or as a result of your breach of the Licence.

  1. Proprietary Notices

In the event that you are granted permission by the Company in writing to use the Website or any portion of it or its Content other than for personal use, subject to any contrary agreement you reach with the Company, you must ensure that:

  1. all copyright, trade mark and other proprietary notices contained in the Content are retained;
  2. you do not make any modifications to Content; and
  3. you do not make any additional representations or warranties relating to Content.
  1. Content

The Company has endeavoured to take all reasonable and appropriate care in the preparation of the Content of the Website and the Company and has no reason to believe that any Content or other information contained on the Website is inaccurate. However, the Company does not warrant the accuracy, adequacy, or completeness of the Content or that such Content is error free, complete or suitable for any particular purpose. The Company does not undertake to keep the Website updated or monitor any Content uploaded to the Website. The Company does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of Content or other information contained on the Website including without limitation where such loss or damage is a result of or contributed to by the negligence of the Company.

  1. Access

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. The Company cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. The Company does not accept responsibility for any interference or damage caused to your computer system, data or for any bugs, viruses, trojan horses or other destructive code which may arise in connection with your use of the Website or any Linked Website.

  1. Maintenance

From time to time, the Company may perform routine or non-routine maintenance, upgrades, patches, bug fixes, error correction or other changes to the Website (Maintenance). The Company reserves the right to interrupt the operation of the Website, or any portion of the Website, as necessary to perform Maintenance at any time, without notice.

You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Website, or that operation of our Website will be uninterrupted or error free.

  1. Links to the Website

You are hereby licensed to create hyperlinks to content on the Website, provided that the hyperlink accurately describes the content to which it links. If you include links to our Website on your website, when the link is clicked, the applicable page within our Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Website, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed.

  1. User-Submitted Content

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Website, including without limitation blog comments, message board posts, and any other content which does not originate with the Company (User Content), is the sole responsibility of the person who made such User Content available on the Website. Under no circumstances will the Company be liable in any way for any User Content made available through this Website by you or any third party.

Since the Company does not control the User Content posted on the Website, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Website, you may encounter content that you may consider to be objectionable. The Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Website.

User Content is owned by the author thereof, and the Company does not claim ownership of original works created and posted by individual visitors to this Website. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Website, you are granting the Company an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.

The Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Digital Services.

  1. Exclusion of Warranty

To the fullest extent permitted by law, in relation to your access and use of the Website, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use, including any warranties of accuracy, non-infringement and merchantability, is hereby excluded. The Company does not warrant that your use of the Website will be uninterrupted or error-free or that your use of the Website will provide specific results.  

  1. Exclusion of Liability

Under no circumstances will any Company Entity be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, delay, legal costs, lost or inaccurate data, failure of security mechanisms, interruption of business, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Website or in respect of any failure or omission on the part of the Company to comply with its obligations as set out in these Terms of Use in respect of your access and use of the Website.

  1. Limitation of Liability

In the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and the Company becomes liable for any loss or damage that would otherwise have been excluded, the Company’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Website is limited to AUD$100.

  1. Jurisdiction

The Website is governed by and is to be interpreted in accordance with the laws of New South Wales, Australia, and in all matters relating to or arising from your use of the Website, you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

  1. Disputes

In the event that you have a dispute in respect of the Content of this Website or relating to or arising from your use of the Website, you must immediately notify the Company in writing giving details of the dispute.

  1. Failure to Comply

The Company accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.

  1. Waiver

If the Company waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

  1. Severability

If any of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use and the remaining Terms of Use shall continue in full force.

  1. Queries

If you have any queries in regard to these Terms of Use, please don’t hesitate to contact us at:

Email: hello@polara.com.au

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