Terms of Use (“Terms”)

 

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.breakthru.org.au website (the “Service”) operated by breakthru (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Copyright, Content, Trademark and Related Creative Rights Ownership

breakthru explicitly retains its every right, whether express or implied, over all copy, copyright, content, trademarks, brand marks, patents and any related creative materials within this website, or linked to it in any way, by any extension, whether digital or otherwise. The permission to use any assets in any way as protected under these expressed rights must be obtained in writing by breakthru prior to use. breakthru intends this condition in no way to limit its many and varied rights and licences afforded under Queensland State, Australian Federal or International laws, regulations, policies and similar auspices.

Links To Other Web Sites

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

breakthru 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 breakthru 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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 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 terms. If you do not agree to the new terms, please stop using the Service.

No Warranties; Exclusion of Liability; Indemnification

Our website is operated by breakthru on an “as is,” “as available” basis, without representations or warranties of any kind. to the fullest extent permitted by law, breakthru specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement for our website and any contracts and services you purchase through it. breakthru shall not have any liability or responsibility for any errors or omissions in the content of our website, for contracts or services sold through our website, for your action or inaction in connection with our website or for any damage to your computer or data or any other damage you may incur in connection with our website. your use of our website and any contracts or services are at your own risk. in no event shall either breakthru or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our website, contracts and services purchased through our website, the delay or inability to use our website or otherwise arising in connection with our website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. in no event shall breakthru’ liability for any damage claim exceed the amount paid by you to breakthru for the transaction giving rise to such damage claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Without limiting the foregoing, breakthru do not represent or warrant that the information on the webite is accurate, complete, reliable, useful, timely or current or that our website will operate without interruption or error.

You agree that all times, you will look to attorneys from whom you purchase services for any claims of any nature, including loss, damage, or warranty. breakthru and their respective affiliates make no representation or guarantees about any contracts and services offered through our website.

breakthru makes no representation that content provided on our website, contracts, or related services are applicable or appropriate for use in all jurisdictions.

Indemnification

You agree to defend, indemnify and hold breakthru harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

Contact Us

If you have any questions about these Terms, please contact us.

This Terms of Use (“Terms”) Policy was last updated 26 May 2017.