Thank you for visiting our website. This website is owned and operated by The Activ Group Solutions Pty Ltd (ABN 64 640 456 971).
In these Terms, ‘us’, ‘we’ and ‘our’ means The Activ Group Solutions Pty Ltd and our related bodies corporate.
You may need to be a registered member to access our products or certain features of our website.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
If you are under the age of 13 years (or older in some countries), you may not create an account or register as a member. If you under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- exercise supervision over the Minor’s use of our website and account;
- assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor’s use of our website and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account only on this basis.
2. Collection Notice
3. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we have taken steps to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
In Australia, Our Goods And Services Come With Guarantees That Cannot Be Excluded Under The Australian Consumer Law. Nothing In These Terms Purports To Modify Or Exclude Conditions, Warranties, Undertakings And Other Legal Rights That Cannot Be Excluded Under The Australian Competition And Consumer Act And Other Laws. Any And All Other Rights Which Are Not Imposed By The Australian Consumer Law Or Other Nonexcludable Law Are Expressly Excluded To The Extent Permitted, Including Liability For Incidental Or Consequential Damages Caused By Breach Of Any Express Or Implied Warranty, Condition Or Other Provision.
5. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
6. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a non-exclusive licence to access the website and view the Content on these Terms.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
7. No commercial use
Except to the extent that we separately authorise you:
- this website is for your personal, non-commercial use only;
- may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within or accessed from this website;
- may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website; and
- you should not create any link to this website without our prior consent in writing (consent will be given subject to conditions).
8. Unacceptable Activity
You must not do any act that is offensive, unethical, unlawful or prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other person;
- uploading files that contain viruses that may cause damage to our databases, this website, our property or the property of any other person;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
We reserve the right to exclude you from accessing the website if you use it in breach of these Terms.
9. Warranties and disclaimers
While the Content has been included with all due care, we do not warrant or represent that it is free from errors, omission or that it is exhaustive. You are responsible for making your own assessment and taking appropriate steps to verify independently of the Content.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
We reserve the right to change these Terms without notice to any person. We will indicate the date that any changes to these Terms take effect.
12. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Effective: 26 May 2020