June 2018

This website is operated by Ivy Street ("we" or "us").

These Terms and Conditions of Use (the “Terms of Use”) apply to the Ivy Street web site located at ivystreet.com.au, and all associated sites linked to ivystreet.com.au by Ivy Street, its subsidiaries and affiliates.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Ivy Street reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Ivy Street grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by Ivy Street, and is protected by trade dress, copyright, patent, trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Ivy Street’s express prior written consent.

You may use information on Ivy Street products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Ivy Street for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Ivy Street reserves the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Ivy Street server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Ivy Street, including any Ivy Street account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Ivy Street’s systems or networks, or any systems or networks connected to the Site or to Ivy Street.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Ivy Street on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ivy Street or others.

Privacy

Ivy Street’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Ivy Street’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Ivy Street Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Ivy Street’s control, and Ivy Street is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Site Disclaimer

Ivy Street’s Site Disclaimer applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Ivy Street’s Site Disclaimer, click here.

Limitation of Liability

Except where prohibited by law, in no event will Ivy Street be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Ivy Street has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold Ivy Street, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including lawyers’ fees), made against Ivy Street by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

You acknowledge and agree that Ivy Street may preserve any transmittal or communication by you with Ivy Street through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Ivy Street determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Ivy Street, its employees, users of or visitors to the Site, and the public.

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ivy Street and you consent to Ivy Street obtaining any injunctive or equitable relief that Ivy Street deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Ivy Street may have at law or in equity.

If Ivy Street does take any legal action against you as a result of your violation of these Terms of Use, Ivy Street will be entitled to recover from you, and you agree to pay, all reasonable fees and costs of such action, in addition to any other relief granted to Ivy Street. You agree that Ivy Street will not be liable to you or to any third party for as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Australia. If you are a user based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Ivy Street and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Ivy Street administers and operates the ivystreet.com.au Site from its location in Geelong, Victoria, Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Australia. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Ivy Street shall be free to use such information on an unrestricted basis.

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