1. About the Website
- Welcome to https://www.SustainAffiliate.com and the associated sub-domains (‘Website‘ ).
3. Copyright and Intellectual Property
- The Websites and the content of SustainAffiliate are subject to copyright. The material on the Websites is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Websites (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by SustainAffiliate or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by SustainAffiliate, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Brand Owner or Content Creator to:
- copy and store the Websites and the material contained in the Websites in your device’s cache memory; and
- print pages from the Websites for your own personal and non-commercial use.
SustainAffiliate does not grant you any other rights whatsoever in relation to the Websites or the content. All other rights are expressly reserved by SustainAffiliate.
- SustainAffiliate retains all rights, title and interest in and to the Websites and all related content. Nothing you do on or in relation to the Websites will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
5. General Disclaimer
- Subject to this clause 5, and to the extent permitted by law:
- Use of the Websites and the content is at your own risk. Everything on the Websites and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the directors, officers, employees, agents, contributors and licensors of SustainAffiliate makes any express or implied representation or warranty about the content or any products or content (including the products or content of SustainAffiliate) referred to on the Websites. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Websites, the content, or any of its content-related products (including third-party material and advertisements on the Websites);
- costs incurred as a result of you using the Websites, the content or any of the products of SustainAffiliate; and
- the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
- You expressly understand and agree that SustainAffiliate, its employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- You acknowledge and agree that SustainAffiliate holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
- You agree to indemnify SustainAffiliate, its employees, agents, contributors, third-party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
9. Dispute Resolution
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Small Business Commission or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5 Termination of Mediation
If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by SustainAffiliate are intended to be viewed worldwide. In the event of any dispute arising out of or in relation to the Websites, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
11. Governing Law
12. Independent Legal Advice
Last Updated 01 July 2022