These terms and conditions of use ("terms") apply to the Crunch IT ® website, located at www.Crunch IT.com.au, and all subsidiary pages. The site is the property of Crunch IT Pty Ltd (ABN 71 114 268 825), ("Crunch IT", "we", "us" or "our").
This agreement is made by and between Crunch IT Pty Ltd, and you.
Crunch IT reserves the right, at its sole discretion, to change, modify, add or remove portions of...
- the site, including any content, product, service or feature of the site, and
- change any fees or charges.
Changes shall be effective immediately and you acknowledge that electronic notification (by posting on this site or by email) is adequate and benefits through decreased cost and increased flexibility and speed. Your use of the site after such notice shall constitute acceptance of such changes.
This site is owned and operated by Crunch IT Pty Ltd. The software, all pages, images, text, multimedia and other content within the site are the sole property of Crunch IT Pty Ltd, unless otherwise clearly specified or covered by the following exceptions.
Brand names and trademarks other than Crunch IT ® are the property of their respective owners.
Endorsements, commentary, images, links to third-party sites where they contain product names, company names, trademarks or other proprietary components remain the property of their respective owners.
Images used for decoration of this site have been purchased as royalty free stock images under licence.
The material contained in this site is copyright of Crunch IT 2004, unless otherwise stated. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the Australian Copyright Act 1968.
If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provide using the link at the base of this page.
All intellectual property for this site and the Crunch IT product, except where expressly stated, rests with Crunch IT Pty Ltd. All individual rights have been transferred to Crunch IT Pty Ltd, where rights are not transferable, such as moral rights, the owners have agreed to their attribution being left out of all Crunch IT documentation.
Crunch IT Pty Ltd owns the following trademarks in Australia and may elect to enforce these trademarks at common law in other jurisdictions...
- Crunch IT ® (registered trademark of brand device)
Use of this site
Accounts, passwords and security
Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Crunch IT immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Crunch IT or any other user of the website due to someone else using your account and password.
You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. Crunch IT will not be liable for any loss or damage arising from your failure to comply with these obligations.
Crunch IT's privacy statement applies to the use of this site. Please click here to view our privacy statement, or use the link at the bottom of each page at any time while visiting our site. By using this site, you acknowledge that internet transmissions are never completely private or secure, even when encrypted.
Links to other sites
This site contains links to independent third-party websites. The sites are provided for convenience and are not under the control or ownership of Crunch IT. Crunch IT does not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites.
Idea submission, feedback and comments
Crunch IT, its related entities, staff and agents, do not solicit ideas for products, marketing, enhancements or any other creative suggestions or individual works. Please do not send unsolicited ideas to Crunch IT or anyone connected with Crunch IT. If, despite this request, you send unsolicited ideas, regardless of what your communication states, then you agree that your ideas will automatically become the property of Crunch IT, without compensation to you, and Crunch IT can use the ideas for any purpose. Crunch IT has a strict policy on 'clean-room' development of intellectual property and this policy is enacted to avoid any confusion over intellectual property rights.
All support and feedback mechanisms are provided to existing and prospective clients to improve the quality of our product and effectiveness of our service. By using these mechanisms, you agree that all content, suggestions and feedback become the sole property of Crunch IT without compensation.
General code of conduct
While using this site or site related services, you agree not to...
- restrict or inhibit any other user from using and enjoying the site,
- upload or transmit any content which is unlawful, fraudulent, harmful or obscene,
- breach copyright or impinge other intellectual property rights,
- upload or transmit any form of unauthorized solicitation (including spam),
- upload or transmit any malicious content or disruptive component (including viruses and worms),
- probe, scan or test the vulnerability of the site or any network connected to the site,
- interfere with or disrupt site infrastructure (including denial of service attacks),
- upload or transmit content that you do not have a legal right to transmit,
- forge headers or manipulate identifiers in order to disguise the origin of a transmission,
- intentionally violate any applicable law,
- attempt to sell or illegally profit from this site, including disassembling or accessing underlying code,
- collect or store personal data about another user of this site, and
- impersonate another user of this site or gain access by impersonating another person or entity.
Crunch IT has no obligation to enforce these requirements, unless instructed to do so at law, however you acknowledge that Crunch IT may monitor the site and manage the site in any fashion that enables these terms to be enforced.
Crunch IT does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice.
Crunch IT disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against Crunch IT for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties.
Limitation of liability
Except where prohibited by law, in no event will Crunch IT be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Crunch IT has been advised of the possibility of such damages.
You agree to indemnify and hold Crunch IT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Crunch IT by any third-party due to or arising out of or in connection with your use of the site and or services.
Transfer and choice of law
No provision of this agreement can be waived except in writing by an authorized Crunch IT representative. No waiver shall be deemed a waiver of any preceding or subsequent breech.
Delegation and assignment
You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without Crunch IT's prior written consent.
This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue.
Both parties agree to resolve any dispute promptly and in good faith. Where we are unable to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, then the parties may pursue any remedy available to them under Victorian law.
The Product Manager
Crunch IT Pty Ltd
113 Ferrars Street
Southbank Victoria 3006
or email ...