Legal

Last updated: Tue 19 Dec 2017

Please read this Terms of Use, Disclaimer, Privacy Policy, and related Legal Information document (the "Document") carefully, before using the archiunit.com web site and related services (the "Service"), operated by the J.P Epstein & L Filson registered Australian partnership ABN 44 791 776 896 ("us", "we", "our", or "ArchiUnit").

Your access to and use of the Service is conditioned on your acceptance and compliance with this Document. This Document applies to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by the terms of this Document. If you disagree with any part of the Document then you may not access the Service. This document is based on the free Terms of Use template content from TermsFeed, Legal Templates LLC, PandaDoc, The Law Society of NSW, and various other sources.

Limitation of liability

ArchiUnit accepts no responsibility or liability for any errors in any of the information published via the Service, including but not limited to product specifications, brand details, and user profiles. ArchiUnit makes no guarantee that any of the content or data delivered via the Service is correct, complete, or up-to-date.

ArchiUnit, its officers, employees, agents, and contractors, provide no warranty of any kind, and will not be liable in any way, for any direct or indirect damage however it arises (whether in contract, tort including negligence, or otherwise), for any loss of profit, for any failure of performance, or for any other adverse effect which may result from the use of the Service and of any and all services associated with it.

ArchiUnit provides no warranty or guarantee that functionality generally available through the Service will be uninterrupted or error-free at any time.

ArchiUnit cannot and does not guarantee or warrant that files available for downloading through the Service, files delivered via electronic mail through the Service, or files available by any other means through the Service, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Purchases and payments

ArchiUnit may bill you through an online billing account for purchases of products and/or services. You agree to pay us all charges at the prices then in effect for the products and/or services that you or other persons using your billing account may purchase, and you authorise us to charge your chosen payment provider for any such purchases. You agree to make payment using your selected payment method.

If you have ordered a product or service that is subject to recurring charges, then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service.

ArchiUnit reserves the right to correct any errors or mistakes in pricing that it makes, even if it has already requested or received payment.

The sales price of all purchases is inclusive of GST and other taxes. ArchiUnit reserves the right to change the price of any of the goods and/or services that it offers, at any time. All payments shall be made in Australian dollars.

Refunds

All sales are final and no refunds shall be issued.

User content

ArchiUnit may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us and/or to or via the Service, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material ("Contributions"). Any Contributions that you transmit to ArchiUnit will be treated as non-confidential and non-proprietary.

When you create or make available a Contribution, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise ArchiUnit and the Service users to use your Contributions as necessary to exercise the licenses granted to you by this Document;
  • you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by the Service;
  • your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by ArchiUnit), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  • your Contribution does not contain material that solicits personal information from anyone, especially from minors, and does not exploit anyone in a sexual or violent manner, especially minors, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
  • your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • your Contribution does not otherwise violate, or link to material that violates, any provision of this Document or any applicable law or regulation.

Contribution license

By posting Contributions to any part of the Service, or making them accessible to the Service by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to ArchiUnit an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, but not limited to, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide.

ArchiUnit does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Document, you retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

ArchiUnit has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorise any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Document.

By uploading your Contributions to the Service, you hereby authorise ArchiUnit to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

Accounts

When you create an account with ArchiUnit, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Document, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Links to other web sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ArchiUnit.

ArchiUnit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ArchiUnit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Prohibited activities

You may not access or use the Service for any other purpose other than that for which ArchiUnit makes it available. The Service may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by ArchiUnit.

Prohibited activity includes, but is not limited to:

  • attempting to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
  • attempting to impersonate another user or person or using the username of another user;
  • criminal or tortious activity;
  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Service;
  • deleting the copyright or other proprietary rights notice from any Service content;
  • engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
  • except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or using or launching any unauthorised script or other software;
  • harassing, annoying, intimidating or threatening any ArchiUnit employees or agents engaged in providing any portion of the ArchiUnit Services to you;
  • interfering with, disrupting, or creating an undue burden on the Service or the networks connected to the Service;
  • making any unauthorized use of ArchiUnit Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • selling or otherwise transferring your profile;
  • systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ArchiUnit;
  • tricking, defrauding or misleading ArchiUnit and other users, especially in any attempt to learn sensitive account information such as passwords;
  • using any information obtained from the Service in order to harass, abuse, or harm another person;
  • using ArchiUnit Services as part of any effort to compete with ArchiUnit or to provide services as a service bureau;
  • using the Service in a manner inconsistent with any and all applicable laws and regulations.

Intellectual property rights

Other than your Contributions, which you may have opted to include on the Service, under the terms of this Document, ArchiUnit and/or its licensors own all rights to the intellectual property and material contained in the Service, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in the terms of this Document, primarily for the purpose of viewing the material contained on the Service.

Social media

As part of the functionality of the Service, you may link your account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Service; or (ii) allowing ArchiUnit to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to ArchiUnit and/or to grant ArchiUnit access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating ArchiUnit to pay any fees or making ArchiUnit subject to any usage limitations imposed by such third party service providers.

By granting ArchiUnit access to any Third Party Accounts, you understand that (i) ArchiUnit may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Service.

Please note that if a Third Party Account or associated service becomes unavailable or if ArchiUnit's access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third Party Accounts at any time.

Please note that your relationship with the Third Party Service providers associated with your Third Party Accounts is governed solely by your agreement(s) with such Third Party Service providers.

ArchiUnit makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and ArchiUnit is not responsible for any Social Network Content.

You acknowledge and agree that ArchiUnit may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and infoming you of those contacts who have also registered to use the Service.

At your request, or through your account settings (if applicable), ArchiUnit will deactivate the connection between the Service and your Third Party Account and delete any information stored on ArchiUnit's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

Termination

ArchiUnit may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms of this Document.

ArchiUnit may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms of this Document.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of this Document which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy policy

ArchiUnit deals with information privacy in accordance with the Privacy and Personal Information Protection Act 1998 (NSW), including the Information Privacy Principles (IPPs), and the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) set out in the Privacy Act. We also comply with the Spam Act 2003 (Cth) which imposes restrictions on sending emails and other types of commercial electronic messages.

This privacy policy sets out ArchiUnit's policies in relation to management of personal information.

We collect and hold the following kinds of personal information:

  • your contact details, such as street addresses, telephone numbers, and email addresses;
  • your personal details, such as date of birth, gender, and job titles;
  • photos of you that contain your face and other identifiable physical features;
  • your subscription information, such as your membership history;
  • records of your communications and other interactions with us;
  • records of your browsing history within the Service, which includes data such as the IP address of your computer or of your Internet Service Provider (ISP), the dates/times that you access the Service, the pages that you access and the documents that you download, the site that you came from before arriving at the Service (the referrer), and the type of browser and the operating system that you use;
  • records of modifications that you make to content and to other data within the Service, including your user ID, a snapshot of the modification, and the date/time of the modification.

We generally collect your personal information directly from you, including when you use the ArchiUnit web site, and when you communicate with us in person, by telephone, by email, by social media, or by other means.

We sometimes collect personal information from a third party or from a publicly available source, but only if you have consented to such collection or would reasonably expect us to collect your personal information in this way, or if it is necessary for a specific purpose, such as the investigation of a complaint.

We collect and hold your personal information for the purpose for which it was provided to us, for other related purposes or as permitted or required by law. Such purposes include:

  • verifying your identity;
  • maintaining membership records;
  • processing subscriptions and other purchases;
  • issuing tax invoices;
  • responding to your comments or questions;
  • providing you with marketing material such as our newsletter (only if you opt in to receive such material);
  • publishing personal information (only for data which we explicitly indicate as being public if provided, and/or for data which you explicitly opt to publish via the Service);
  • analysing your interactions with our personal and electronic services (the information collected from you may be analysed individually and/or aggregated with the information relating to other members to produce statistical information, and insights from this process are used to select and optimise the services that we provide to you);
  • providing information to third parties as authorised or required by law; or
  • any other purposes identified at the time of collecting your information.

If we also obtain your sensitive information (within the meaning of the Privacy Act 1988 (Cth)), we will only use this information for the purposes listed above, or other directly related purposes or purposes to which you otherwise consent.

We do not use your personal information or disclose it to another organisation unless:

  • it is reasonably necessary for one of the purposes described above;
  • having regard to the nature of the information or the circumstances of collection we believe you would expect us to use the information or make the disclosure;
  • required or authorised by law or court or tribunal;
  • it is necessary to protect the rights, property, health or personal safety of a member, the public or our interests, and it is unreasonable or impracticable to obtain your consent;
  • the disclosure is necessary to assist any entity, body or person to locate a person who has been reported missing;
  • we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, and we believe that the collection, use or disclosure is necessary in order for us to take appropriate action;
  • the assets and operations of our business are transferred to another party as a going concern;
  • it is necessary to obtain third party services, for example to carry out data analysis or provide information processing services (the use of your information by third parties is strictly controlled);
  • it is for one of the purposes expressly permitted under the Privacy Act; or
  • you have provided your consent.

We take reasonable precautions to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.

Where practicable we implement measures to require organisations to whom disclosure is made to comply with the Privacy Act. If a third party is given access to personal information we take reasonable steps to ensure that the information is held securely and used only for the purpose of providing the relevant service or activity.

You can also assist us in keeping your personal information secure by maintaining the confidentiality of your account passwords and notifying us immediately if there is any unauthorised use of one of your accounts by another Internet user or any other breach of security relating to one of your accounts.

We collect personal information through software such as cookies. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on the hard disk of a user's computer so that the website can remember that user. Without cookies, websites and their servers have no memory. This means that every time a user opens a new webpage on a website, the server where that webpage is stored will treat the user as new and require logon and password. In short, a cookie facilitates a user's passage through a website.

You have a right to access your personal information held by ArchiUnit. You can also request amendment to that information if you believe that it is incorrect or make complaints about our information handling practices or breaches of your privacy by us.

If you require any further information about our management of personal information or have a complaint about our handling of your personal information, you should initially contact us, and we will respond to you within a reasonable time, usually 30 days. If you are not satisfied with the outcome of your complaint you may contact us further to advise of your concerns and, if we are unable to reach a satisfactory resolution you may write to the Office of the Australian Information Commissioner for further review of your complaint.

Indemnity

You hereby indemnify to the fullest extent ArchiUnit from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of this Document.

Severability

If any provision of this Document is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the terms of this Document unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Changes

ArchiUnit reserves the right, at our sole discretion, to modify or replace this Document at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Document. If you do not agree to the new Document, please stop using the Service.

Assignment

ArchiUnit shall be permitted to assign, transfer, and subcontract its rights and/or obligations under the terms of this Document without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under the terms of this Document.

Entire agreement

This Document constitutes the entire agreement between us regarding our Service, and supersedes and replaces any prior agreements we might have between us regarding the Service.

Governing law

This Document shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.