T and Cs

TERMS AND CONDITIONS

1 About these Terms and Conditions
1.1 These Terms and Conditions (“Terms”) are between you and us, Mechanical Pty Ltd (ACN 151 601 768), and govern your access to and use of our website and the Orbital Warehouse interface ("Services"), and any information, text, graphics, photos or other materials that you upload to or download from the Services (collectively referred to as "Content").
1.2 Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1.3 You may use the Services only in compliance with these Terms and all applicable laws.

2 About the Services
2.1 You are responsible for your use of the Services, for any Content you post to the
Services, and for any consequences thereof.
2.2 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
2.3 We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

3 Conditions of Use
3.1 All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Mechanical Pty Ltd and its licensors.
3.2 The intellectual property that underpins the Services is licensed, not sold, to you by us for use only under these Terms (“License”). Mechanical Pty Ltd and its licensors retain ownership of the intellectual property and reserve all rights.
3.3 This License will govern any updates provided by us that upgrade, enhance, supplement or replace the intellectual property, unless such an update is accompanied by a separate license, in which case the terms of that license will govern your use.
3.4 You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.
3.5 Nothing in the Terms gives you a right to use the Orbital Warehouse name or any of the Orbital Warehouse trademarks, logos, domain names, and other distinctive brand features.
3.6 You agree to not use the Services to:
3.7 If, in our reasonable opinion, any of your Content breaches clause 3.6, we may remove it without prior notice to you.

4 Privacy
4.1 From time to time, we may collect certain information from your use of the Services. Any information that you provide when using the Services is subject to our Privacy Policy.

5 Password
5.1 You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above suggestions.

6 Indemnity and Release
6.1 You agree to defend, indemnify, release from liability and hold harmless Mechanical Pty Ltd (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses
(whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:

7 Limitation of Liability
7.1 To the maximum extent permitted by applicable law, Mechanical Pty Ltd and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:

8 Waiver and Severability
8.1 Our failure to enforce any right or provision of these Terms will not be deemed a
waiver of such right or provision.
8.2 If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect.

9 Entire Agreement
9.1 These Terms and our Privacy Policy are the entire and exclusive agreement between us and you regarding the Services, and these Terms supersede and replace any prior agreements between us and you regarding the Services.
9.2 We may revise these Terms from time to time, the most current version will always be at http://orbitalwarehouse.net/public/sys/T+and+Cs. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

10 Choice of Law
10.1 This License will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.

PRIVACY POLICY

1 Why do we have a Privacy Policy?
1.1 We are required to comply with the Privacy Act 1988 (the Act), and with the National Privacy Principles (NPP’s) contained in the Act. NPP 5 requires us to be open about the way we handle certain information, and to that end requires us to have a Privacy Policy.

2 What information is covered by the Privacy Act 1988
2.1 The Act covers personal information and sensitive information. Both of these are
referred to as "information" throughout this document.
2.2 Personal information is "information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."
2.3 Sensitive Information is information or an opinion that is personal information, and is about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences, or criminal record and any health information about an individual.

3 What Information will we collect?
3.1 When you register to use the Services, you provide some personal information, such
as your name, username, password, and email address.
3.2 We only collect information that is necessary for us to carry out our functions or activities. This may include sensitive information.
3.3 Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, your mobile carrier, device and application IDs, and search terms. Other actions, such as interactions with our website, applications and advertisements, may also be included in Log Data. If we haven’t already deleted the Log Data earlier, we will either delete it or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.
3.4 Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for you to be able to browse public web pages available on Orbital Warehouse. A cookie is a small data file that is transferred to your computer's hard disk. We require that your browser stores a session cookie for a successful login and subsequent use of non public services. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

4 When do we disclose the information?
4.1 We only disclose information where we need to in order to advance your interests, or when we are required by law to disclose it. Generally we will try to ensure that you are aware whenever information is being disclosed to a third party.
4.2 We engage certain trusted third parties to perform functions and provide services to us. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only where these third parties have agreed to honour the protections of this privacy policy.
4.3 Mechanical Pty Ltd reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of the Services. We may provide information relevant to a court subpoena or to a law enforcement or other government investigation. You acknowledge and agree that we may collect, transmit, store, disclose and analyse such information for these purposes.
4.4 In the event that Mechanical Pty Ltd is involved in a winding up, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity.

5 Can you access the information?
5.1 You are entitled to ask what information we hold about you. We will, within a reasonable time, inform you of the personal information and/or sensitive information that we hold about you. You may then ask us to show you the information so that you can check to ensure that it is accurate, complete and up to date. We will give you access to the information for this purpose unless we are entitled to refuse access pursuant to NPP 6.1, in which case we must provide you with reasons for the refusal.

6 Changes to this Policy
6.1 We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at be at http://orbitalwarehouse.net/public/sys/T+and+Cs. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Privacy Policy.

© Mechanical Pty Ltd, 2012