Welcome to the website http://www.theceomagazine.com (“Site”), being a website owned and operated by Bean Media Group Pty Ltd (ACN 126 697 747) and our related entities (collectively referred to as “The CEO Magazine”, “us”, “our” or “we”).
Any person who wishes to use the Site (“User”, “you”, or “your”) should read the Website Terms carefully. If you have any questions regarding the Website Terms, please contact us using the contact information available on the Site (http://www.theceomagazine.com/contact).
1. Licence to use the Site
1.1 We grant you a non-exclusive, revocable, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in the Website Terms.
1.2 You may download, store, display on your computer, view and print content from the Site for your personal use only, provided that such content may not be modified or altered in any way, and/or distributed or communicated to the public. For the avoidance of doubt, you cannot use the content on the Site for any commercial purpose. You agree not to use the Site in a manner which will or may compromise the security or normal operation of the Site.
1.3 You must not add, send, upload, transmit, publish or cause to be displayed any content to or on the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; and/or
(e) that infringes the intellectual property rights or other rights of any person regardless of what those rights may be and/or what laws apply to such rights.
1.4 All content on the Site (including text, graphics, images, logos, graphs, charts and other content, including content added by people other than us) is made available for personal use and informational purposes only. While we have taken reasonable steps to ensure that all content on the Site is accurate and complete, no warranties are given regarding such content (as further disclaimed in clause 1.7(d)) and you agree that you shall not rely on any content appearing on the Site (including without limitation as further described in clause 1.5).
1.5 The Site may provide content and/or hyperlinks to content that is of a legal or advisory nature, and where it does so, you are expected to make your own enquiries and use your own judgment as to the correctness and accuracy of such content and you should not rely on the Site as a complete or comprehensive legal or advisory resource as, by way of example, the Site may not reflect changes in the law.
1.6 We have no control over the terms and conditions of any advertised offers made by businesses which appear on the Site. We cannot control the ability of any of those businesses to complete the sales or transactions in accordance with those offers, nor over the quality of the goods they offer. Before participating in any transaction with any third party, you should read and consider any relevant terms and conditions associated with the applicable offer(s) and/or promotion(s).
1.7 You acknowledge and agree that:
(a) we do not endorse, sponsor or approve, and we are not responsible for, any content generated, uploaded and/or published by Users of the Site;
(b) any products, services, and deals advertised by third parties and referred to on the Site may be subject to change without notice and may be subject to restrictions, limitations, availability, conditions, and qualification for which we are not responsible and over which we have no control. It is your responsibility to independently verify such product, service and deal in respect of any third party with whom you are dealing;
(c) we do not endorse, sponsor or approve any content available on any external sites accessible from the Site (whether via links from the Site or otherwise) and we do not take responsibility for such content (including its accuracy, completeness, reliability, relevance and validity);
(d) content on the Site may not be error-free and we do not guarantee the accuracy, completeness, reliability, relevant and validity of the content contained on the Site; and
(e) we retain complete control over the Site, including the ability to alter, amend or cease the operation, functionalities and content of the Site at any time in our sole discretion, including without limitation as follows:
(i) we may update, improve or change our products and services and/or the content on the Site at any time without notice; and
(ii) the Site may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. User Account
2.2 In relation to establishing and maintaining an Account, you acknowledge, warrant and undertake (as the context permits or requires) as follows:
(b) you have read and understood any other policies (if any) issued by us from time to time and posted on the Site (including without limitation any behaviour guidelines);
(c) you are over 18 and have full authority and power to enter into and comply with the Website Terms;
(d) you remain absolutely and unconditionally liable to us in respect of the use of your Account and the Site even if another person uses your Account or the Site via your Account (whether or not that other person obtained your permission prior to such use);
(e) you are responsible for maintaining the confidentiality and safeguarding the security of any details relating to your Account, including any login details and passwords; and
(f) you will not cause, permit or allow your Account to be used by, or leased, sold or transferred to another person or entity.
3. Intellectual Property Rights
3.1 Nothing in the Website Terms constitutes a transfer of any intellectual property rights from us to you. You acknowledge and agree that, as between you and us, we own and/or control all intellectual property rights in the Site and all content on it, including any of our designs and trade marks. All rights, title and interest in the Site not expressly granted in the Website Terms are reserved.
3.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way we deem appropriate in connection with our business (including, without limitation, by reproducing, changing, and communicating the content to third parties) and permit us to authorise any third party to do the same thing.
3.3 To the extent that you have any ‘moral rights’ (as that term is defined in the Copyright Act 1968 (Cth) and including any other substantially similar right under the laws of another jurisdiction) in any content that you provide to us, you irrevocably and unconditionally agree that you will not exercise any such rights in a manner that interferes with our use of your content in accordance with the Website Terms. To the extent that a third party has any moral rights in any content that you provide to us, you must ensure that the third party does not exercise any such rights in a manner that interferes with our use of such content in accordance with the Website Terms.
4. Your warranties
4.1 You represent and warrant to us that:
(a) you have the legal capacity to enter the Website Terms;
(b) you have the necessary rights to perform and comply with the obligations set out in the Website Terms; and
(c) you will comply with all applicable laws when using the Site, including its contents.
5.1 To the full extent permitted by law, as between you and us, we exclude all liability (including without limitation any liability of our directors, employees, contractors and agents) for damages of any kind (including without limitation special, incidental, or consequential damages, lost profits, lost opportunities, lost revenue or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Site or its contents, whether such damages arise from a breach of contract, tort or any other legal claim under any jurisdiction at law or in equity. The exclusion of liability in this clause 5.1 shall extend without limitation to any damage or loss suffered in respect of or as a result of any error, omission, deletion, defect, interruption, failure of performance, delay in operation or transmission, computer virus or other similarly harmful computer effects, communication line failure, interruption of business, inability to use the Site, and/or theft of, destruction of, unauthorized access to, alteration of, or use of any records.
5.2 You acknowledge and agree that if you have a dispute with a third party which is directly or indirectly connected to your use of the Site, you agree to waive and release us from any and all claims, demands, actions, compensation, damages, losses, fees, costs and expenses (including without limitation special, incidental, or consequential damages, lost profits, lost opportunities, lost revenue or lost data, regardless of the foreseeability of those damages) relating to that dispute.
5.3 The Site and associated products and services are provided on an “as is” basis and to the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) not otherwise expressed in the Website Terms. We do not guarantee or warrant that the content on the Site is suitable for your purposes and you must at all times exercise your own judgment and obtain independent verification when using content on our Site.
5.4 The Website 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. In the event that we are not able to exclude any liability but are able to limit such liability, we may limit our liability in any such way that is permitted by law at our discretion.
6.1 The Website Terms terminate automatically if, for any reason, we cease to operate the Site.
6.2 We may otherwise terminate the Website Terms or your Account (as defined) immediately, on notice to you, if you have breached the Website Terms in any way.
6.3 Clauses 3 and 5 shall survive termination of the Website Terms.
7. Communications and Promotions
(a) any marketing and promotional matters, special offers, promotions, credits, awards or discounts offered in relation to the Site, our products, our services, our business, or the goods or services of any of our partners and sponsors (“Promotions”); and
(b) any other matters in relation to the Site, our business, our products and our services.
7.2 All Promotions will be run at our sole discretion, and may modified or terminated by us at any time with or without prior notice to you.
7.3 Promotions may be offered on a time-limited basis and may be subject to certain restrictions and/or other terms and conditions (whether imposed by us and/or by third parties in connection with the relevant Promotion).
8.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under the Website Terms.
8.2 If a provision of the Website Terms is 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.
8.3 To the extent there is an inconsistency with any matter on our Site and the Website Terms, the Website Terms shall prevail to the extent of such inconsistency.
8.4 We are not to be deemed to have waived any rights of enforcement, whether for past, future or continuing breaches, unless such waiver is expressly documented in writing by us (any waiver is only effective in the specific instance and for the purpose it is given).
8.5 Each party must at its own expense do everything reasonably necessary to give full effect to the Website Terms and the events contemplated by herein.
8.6 The Website Terms shall be construed in accordance with and governed by the laws of the New South Wales, Australia, and the Federal Laws of Australia where applicable.