APLGO Australia Pty Ltd Website terms of use

1. Definitions

Authorisation is the process of verification of the Authentication Data entered by the User by the Website’s software, the results of which determine whether the User has the right to access the Website functions and the Personal Page of the User.

Authentication Data is a unique User’s ID that is used to access User’s Personal Page. This term also refers to User’s login, password and email.

Content means intellectual property and equated to it by means of individualisation. This includes: musical works, literary works, computer programs, programs and applications for mobile phones, audiovisual works, phonograms, images, texts, trademarks and service marks, commercial designations and brand names, logos, hypertext links and their fragments, information, widgets and other objects hosted on the Website.

Guest is an individual having access to the information posted online on the Website.

Personal Account means Authentication Data and Personal Data of the User that are stored at the Website’s servers.

Personal Page means online page created by Website software upon receipt of Personal Account by the User that contains User’s Personal Data.

Personal Data means reliable, complete and up-to-date information allowing performance of the Authorisation procedure that is voluntarily and gratuitously posted by the User on the Personal Page. This information is provided by the User while going through the Registration procedure on the Website, may contain the user name, User login, email address and other information that the User deems necessary to disclose about him or herself. The storage of personal data is carried out solely for the purpose of ensuring the possibility of Authorisation of the User to the Website.

Registration means a Guest’s actions aiming at creating an account on the Website in following the established procedure. During the Registration process, the User fills out a user form and
indicates the Authentication Data, using which the Website Administration provides the User with access to the following Website functionality: evaluation and leaving comments to the Content posted by the Website Administration and other Users, posting their own Content in compliance with the Website rules.

User is an individual who obtained a Personal Account on the Website by going through a certain sign-in process.

Website is a set of integrated software and hardware, as well as information designed to be posted online and displayed in certain text, image or sound formats.

Website Administration means collectively called Company’s authorised employees who determine the appropriate ways of using the Website, maintaining the Website operation and governing Users and Guests’ compliance with this Terms.

2. Amendments to Terms

Website Owner reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. 

3. Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website

4. Linked sites

This Website may contain links to other websites (Linked Websites), which are not operated by Website Owner. Website Owner has no control over the Linked Websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Websites will be subject to the Terms and service contained within each such site. 

5. Privacy policy 

Our privacy policy, which sets out how we will use your information, can be found at https://au.aplgo.com/en/privacy-policy. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

6. User’s Signing In 

To become a fully fledged User of the Website you need to go through the Registration procedure.

To gain access to the services of the Website, the Guest must create an account. After successfully going through the Registration process, the Website User gets access to the Personal Page.

You are obliged to provide current, complete and accurate information in the process of obtaining an account. The administration reserves the right to refuse to register or to terminate a new User Registration process at its discretion.

When registering, you must not:

• Impersonate another User using their Username and password.
• Share your Username and password to third parties for them to use this User account.
• Use a word or a phrase as a login that is rude, intimidating or obscene through the lens of morality and ethics, as well as intentionally modified logins of other Users, which are offensive to their owners.

By registering on the Website, you signify that you have the necessary legal ability and authority to agree to this Terms, are able to comply with the terms of the Terms and be responsible for violation of the Terms, including legal relationships arising from the use of the Website.

The responsibility for keeping the password for Website access in secret lies with the User. In the event when the account password has been lost by the User or has become disclosed to other persons, you must immediately change your access password.

You agree that all actions performed on your behalf (meaning using this User’s account) are regarded as this User’s actions and may entail responsibility for this User.

The Website administration has the right to delete any data or accounts for any reason or no reason at all at any time. Although the site administration reserves this right, the Website administrator is not obliged to monitor the activities of the Website Users.  

7. Website Use Prohibitions 

a. You must not misuse this Website. Without limitation, you will not:

7.1 commit or encourage a criminal offence;

7.2 transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

7.3 hack into any aspect of the Service; corrupt data; cause annoyance to other users;

7.4 infringe upon the rights of any other person's proprietary rights;

7.5 send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

7.6 attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

b. We may suspend or terminate these Terms or User’s use immediately upon receipt of any notice which alleges that User has used this Website for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, we may disclose the User’s identity and a subpoena or other legal action, and we shall not be liable for damages or results thereof and User agrees not to bring any action or claim against us for such disclosure.

c. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Websites.  

8. Intellectual property, software and Content

The intellectual property rights in all software and Content made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors. You may store, print and display the Content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website nor may you use any such Content in connection with any business or commercial enterprise. 

9. Disclaimer of liability

a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

b. To the fullest extent permitted by law, Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Websites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

c. This does not affect Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. 

10. Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.  

11. Disclaimer as to ownership of trade marks, images of personalities and third party copyright 

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and Content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.  

12. Indemnity 

You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms. 

13. Variation

Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website. 

14. Invalidity 

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

15. Final Provisions 

The Terms are effective upon User Registration on the Website and is effective for the entire duration of using the Website.

The Terms are effective upon visiting the Website by the Guest and is effective for the entire duration of using the Website.

The Website Administration reserves the right to make any amendments to these Terms by publishing these amendments and additional provisions on the Website.

Nothing in these Terms restricts the right of the Website Administration, Company or Guest / User to enter into similar agreements with any other individuals.

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision must, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and must not in any way affect any other circumstances of or the validity or enforcement of these Terms.

The laws of New South Wales, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

The User agrees to receive information, news and advertising newsletters from the Website Administration, including sent to his or her e-mail address specified during Registration.

The Website services and applications may redirect Users / Guests to other sites and pages. Due to the fact that the Website does not control other sites and pages, the Website User agrees that the Website is not responsible for access to such sites or pages and is not responsible for data placed on such sites and pages that advertise services, products and other materials.  

16. Complaints 

The Website Administration does not deal with disputes and conflicts arising between the Guests / Users of the Site, however, it reserves the right to block the User’s account in case of receiving well-grounded complaints from other Guests / Users regarding misbehavior of this User on the Site.