Terms and Conditions
The term ‘Resilient Digital’ or ‘us’ or ‘our’ or ‘we’ refers to Resilient Digital, the owner of the website, whose registered office is Maryland, New South Wales. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
- The content of this website is for your general information and use only. It is subject to change without prior notice.
- Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
- Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
- This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
- Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales.
- You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
- These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
- These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
- You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
- In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
- Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Member Account, Password, And Security
If any of the services requires you to open an account, you must complete the registration process by providing Resilient Digital with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Resilient Digital immediately of any unauthorized use of your account or any other breach of security. Resilient Digital will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Resilient Digital or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Materials Provided To Resilient Digital Or Posted On Its Website
Resilient Digital does not claim ownership of the materials you provide to Resilient Digital (including feedback and suggestions) or post, upload, input or submit to any services or its associated services for review by the general public, or by members of any public or private community. However, by posting, uploading, inputting, providing or submitting your submission you are granting Resilient Digital, its affiliated companies and necessary sublicenses permission to use your submission in connection with the operation of their internet businesses (including, without limitation, all of Resilient Digital services), including, without limitation the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish you name in connection with your submission; and the right to sublicense such rights to any supplier of the services.
No compensation will be paid with respect to the use of your submission, as provided herein. Resilient Digital is under no obligation to post or use any submission you may provide and Resilient Digital may remove any submission at any time in its sole discretion. By posting a submission
Disclaimer Of Warranty; limitation Of Liability
1. You expressly agree that the use of www.resilientdigital.com.au is at your sole risk. Neither Resilient Digital, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that www.resilientdigital.com.au will be uninterrupted or err free; nor do they make any warranty as to the results that may be obtained from use of www.resilientdigital.com.au, or as to the accuracy, reliability or content of any information service or merchandise provided through www.resilientdigital.com.au
2. www.resilientdigital.com.au is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Resilient Digital is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
4. In no event will Resilient Digital, or any person or entity involved in creating, producing or distributing www.resilientdigital.com.au or the Resilient Digital software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use www.resilientdigital.coom.au. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
5. In addition to the terms set forth above neither, Resilient Digital, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects on, or untimeliness or inauthenticity of, the information contained within www.resilientdigital.com.au, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby, None of the foregoing parties shall be liable for any third-party claims or losses of nature, including, but not limited to, lost profits, punitive or consequential damages.
6. Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representative to verify pricing or other information. Resilient Digital, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, Resilient Digital, nor its affiliates, information’s providers or content partners warrant or guarantee the timeless, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
7. Force majeure – Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.