Terms and conditions

In these terms and conditions ‘We’, ‘Our’, and ‘Us’ are references to AE2 Commemorative Foundation Ltd (ACN 121 919 668) (“AE2”) an Australian company, and references to ‘You’, and ‘Your’ are references to the User. ‘User’ means any party that uses the AE2 Website. All references to specific legislation are references to Australian Commonwealth legislation. Your use of the AE2 Website is subject to these terms and conditions. You agree that You have read and understood this Agreement and that You will be bound by and comply with all these terms and conditions. This Agreement is a binding legal contract between You and Us.

  1. You warrant that:
    1. You are entitled to perform Your obligations under these terms and conditions;
    2. You will not use the AE2 Website to:
      1. copy, edit, alter, reproduce, transmit or redistribute any Intellectual Property Rights retained by Us; or
      2. infringe or facilitate the infringement of any Intellectual Property Rights expressed to be retained by Us under these Terms and Conditions;
    3. You will not attempt to use the AE2 Website to publish any Material or submit any Material to Us that:
      1. is pornographic, violent, discriminatory or otherwise offensive;
      2. contains any virus, Trojan horse, worm or other malicious code;
      3. falsely identifies You;
      4. breaches the Trade Practices Act 1974 (Cth) (as amended from time to time) or any of the Fair Trading/Trade Practices legislation at the time prevailing in any other jurisdiction or which is misleading or deceptive in any way;
      5. breaches any anti-discrimination legislation at the time prevailing in any jurisdiction;
      6. breaches any law in relation to defamation, obscenity or contempt of court, tribunal or royal commission;
      7. is for any commercial purpose, including using any of the contact information published on the AE2 Website to send unsolicited commercial messages whether, in violation of the Spam Act 2003 or otherwise.
      8. breaches the Privacy Act 2001 (Cth); or
      9. breaches any other law including without limitation, common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory of Australia; and
    4. You will not rely on any information contained on the AE2 Website; and
    5. You are over the age of 18 years and have legal capacity to give the warranties set out in these Terms of Use.
  2. We warrant that:
    1. We are entitled to perform Our obligations under these terms and conditions;
    2. We are entitled to grant the rights expressly granted in these terms and conditions;
    3. We own or have a licence to use the Intellectual Property Rights in the AE2 Website;
    4. to the best of Our knowledge and belief, and without conducting any searches the Intellectual Property Rights subsisting in the AE2 Website do not infringe any Intellectual Property Rights owned by a third party.
  3. We make no warranty or representation in relation to the AE2 Website, including that:
    1. the AE2 Website is error or virus free; or
    2. the use of the AE2 Website will be uninterrupted.
  4. You acknowledge that any use of the AE2 Website will be at Your sole risk.
  5. Failure or neglect by either party to enforce at any time any of the provision of these Terms of use shall not be construed or deemed to be a waiver of that party’s rights under these Terms of Use.
  6. Neither party shall be liable for any delay in performing any of its obligations under these Terms of use if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
  7. By posting any Material on the AE2 Website, you agree and thereby indemnify Us and Our officers, employees and agents (those indemnified) from and against any and all loss (including reasonable legal costs and expenses) costs, damages, expenses or liability reasonably incurred or suffered by any of those indemnified arising from any demand, claim or proceedings whatsoever made by any third person against those indemnified arising from:
    1. a breach by You of any of the warranties set out in clause 1 of these Terms of Use;
    2. the use by You of the AE2 Website other than in accordance with these Terms of Use;
    3. a breach by You of Your obligations under these Terms of Use; or
    4. any other wilful, negligent or otherwise unlawful act or omission by You.
  8. You acknowledge and agree that under no circumstances shall We be liable to You for any indirect, special, incidental or consequential damages, including without limitation, damages for loss or goodwill, work stoppage, computer failure or malfunction, loss of data, the costs of recovering lost data, the costs of substitute software, or any and all other damages or losses arising from use or inability to use the AE2 Website, or for any damages of any other nature (whether direct or indirect).
  9. You acknowledge that:
    1. We own and retain all Intellectual Property Rights and other ownership rights in the AE2 Website and its contents; and
    2. there is no transfer of title or ownership to You of any Intellectual Property Rights in the AE2 Website or its contents under these terms and conditions or otherwise.
  10. You must immediately notify Us if You become aware of any actual, suspected or anticipated infringement of the Intellectual Property Rights in or in relation to the AE2 Website.
  11. If any provision of this Agreement is held to be illegal, invalid, void or voidable that provision shall be severed from these terms and conditions, without affecting the validity or operation of any other provision of these Terms of Use including each provision of these Terms of Use relating to the protection of Intellectual Property Rights.
  12. The termination of Your use of the AE2 Website in accordance with these Terms of Use, will not terminate Your obligations under the provisions of these Terms of Use which are capable of surviving such termination.
  13. These Terms of Use and Your use of the AE2 Website shall be governed by the laws of Victoria, Australia and You submit to the non-exclusive jurisdiction of the courts of Victoria and all courts that have jurisdiction to hear appeals from those courts.
  14. From time to time We will collect personal information in relation to You and Your use of the AE2 Website. This information will be collected and stored in accordance with Our Privacy Policy. This information will be used for the purpose of Our internal marketing and administration functions.

Definitions

  1. In this Agreement, unless otherwise indicated by the context:
    1. AE2 Website means the website located at http://ae2.org.au, www.submarineinstitute.com and related sub-pages as updated from time to time;
    2. Confidential Information of a party means the following, whether imparted verbally or in writing and by whatever means:
      1. all information of a confidential nature (including usernames, passwords, trade secrets and confidential know-how);
      2. all computer software including source code, object code, user programming or modification manuals, flow charts, drawings, software listings, models, drafts and diagrams relating to the software;
      3. any other information exchanged between Us and You and marked ‘confidential’; and
      4. all copies of the information and those parts of the records referred to in any of paragraphs (i), (ii) and (iii);
    3. Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, including but not limited to all rights comprised in any copyright (including future copyright and rights in the nature of or analogous to copyright) patent, design, trade mark, circuit layout whether at common law or conferred by statute, whether or not currently existing, and whether registered or registrable and including any rights to apply for registration, and rights to protect trade secrets, know-how, goodwill or Confidential Information for the full period of such rights and any renewals or extensions;
    4. Material means all material, whether comprised digitally or otherwise, which may be published or conveyed by You on the AE2 Website;
    5. Privacy Policy means the policy for the management of your personal information. See our Privacy Policy.
    6. Term means in perpetuity.