1. Acceptance of these terms
1.1 Projectory ("Projectory.com.au") is owned and operated by Wade Business Media Pty Ltd ABN 38 143 862 864 ("WBM"). If you use Projectory.com.au you agree to be bound by these terms.
1.2 By registering for a subscription or a free trial of Projectory.com.au, you confirm that you have read and agree to be bound by these terms and by the Subscription Terms. WBM records the date, time, internet protocol address and version of the terms accepted at registration.
1.3 WBM may vary these terms by publishing the varied terms on Projectory.com.au with a version number and effective date. Your continued use of Projectory.com.au after publication constitutes acceptance of the terms as varied.
1.4 Should you object to any of these conditions or any subsequent variation, your only recourse is to immediately discontinue your use of Projectory.com.au.
2. Registration and account integrity
2.1 Where you register for a subscription or a free trial, you must provide information that is true, accurate, current and complete, and must keep it so.
2.2 You must not register, or attempt to register, using a false or assumed name, the identity or details of another person, a fabricated or misdescribed business name, position, address, telephone number or date of birth, or a disposable, temporary, anonymised, forwarding or alias email address.
2.3 You must not hold or control more than one account on Projectory.com.au at any time, or register for more than one free trial, whether by the means described in clause 2.2 or by any other means.
2.4 Where an individual registers using the name, email domain or identity of an organisation, that individual is personally bound by these terms and personally liable for any breach, whether or not the organisation is also bound or liable.
2.5 WBM may refuse, suspend or terminate any registration or account where it reasonably believes this clause has not been complied with.
3. Accuracy of information
3.1 All material on Projectory.com.au is provided in good faith and is derived from sources believed to be accurate and current as at the date of publication.
3.2 Your use of Projectory.com.au is at your own sole risk.
3.3 Access to Projectory.com.au is provided on an "as available" basis. Unless expressly stated otherwise, neither WBM nor its related bodies corporate, its or their directors or employees, or any Content Provider (collectively, the "Protected Parties") makes any representation or warranty that any material on the site will be reliable, accurate or complete, or that your access to any of the WBM Sites will be uninterrupted, timely or secure.
3.4 Neither WBM nor any of the Protected Parties will be liable for any damage or loss resulting from any error in or omission from the material on the WBM Sites, nor any action or decision by you in reliance on that material, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulty, or malfunction in equipment or software.
3.5 WBM reserves the right at any time without prior notice to change or discontinue any feature of Projectory.com.au, and to change the presentation or substance of the material on Projectory.com.au, if required to do so by reasons outside its control or if the material is changed or ceases to be provided for any reason by a Content Provider.
4. General information, non-advisory
4.1 The material on Projectory.com.au provides general information only. It is not intended as advice and must not be relied upon as such.
4.2 The material has not been prepared taking into account the objectives, situation or needs of any individual subscriber.
4.3 You should make your own inquiries and, if necessary, take independent advice tailored to your specific circumstances before making any decision.
4.4 None of the material on Projectory.com.au constitutes, and must not be construed as, an offer to supply equipment or services to major projects, nor is it an invitation or recommendation to you to supply equipment or services to major projects.
5. Copyright and intellectual property
5.1 The material on the WBM Sites is copyright protected and in some cases is published by WBM under licence.
5.2 Except for the temporary copy held in a computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, distributed, sold or resold, stored in a retrieval system, altered or transmitted in any form or by any means, in whole or in part, or otherwise disseminated to others, except where such use constitutes fair dealing under the Copyright Act 1968 (Cth), without the prior written approval of WBM or the appropriate Content Provider or other supplier or licensor of WBM.
5.3 For the avoidance of doubt, the aggregation, selection, arrangement and presentation of project information on Projectory.com.au is proprietary to WBM. Your rights in respect of that material arise under contract on the terms set out in these conditions, independently of any rights subsisting under the Copyright Act 1968 (Cth).
5.4 Projectory.com.au is a registered trade mark of WBM. Other trade marks and logos may be displayed on Projectory.com.au and may belong to a Content Provider or other third party. Nothing displayed on Projectory.com.au grants any licence or right to use any logo, masthead or trade mark without the express written permission of the relevant owner.
6. Your use of Projectory.com.au
6.1 Without limiting any other provision of these terms, you must not, and must not permit any other person to, use or permit the use of any part of the material on Projectory.com.au:
(a) to establish, maintain or provide, or assist in establishing, maintaining or providing, your own publication, internet site or other means of distribution;
(b) other than for your own personal use or in the ordinary course of your own business, which does not include the dissemination of the material to third parties;
(c) for any illegal purpose;
(d) by means of any robot, spider, scraper, crawler, script, bot, agent or other automated process, to access, search, index, copy, extract, harvest or monitor any part of Projectory.com.au;
(e) to systematically download, extract, compile, index, reproduce or store any material from Projectory.com.au, whether manually or by automated means, and whether or not for commercial purposes;
(f) to create, populate, maintain or supplement any database, index, publication, directory, list, product or service, whether or not it competes with Projectory.com.au;
(g) to compile, extract or use any contact details appearing on Projectory.com.au for the purpose of any marketing list, contact database or outbound campaign other than your own direct business development in the ordinary course;
(h) by accessing Projectory.com.au other than through the interface and functions made available by WBM; or
(i) by circumventing, disabling or interfering with, or attempting to circumvent, disable or interfere with, any usage limit, page or project view limit, access control, rate limit, registration control, authentication measure or other technical measure applied by WBM.
6.2 You agree to abide by all applicable laws and regulations in accessing and using Projectory.com.au and the material on it.
6.3 If WBM determines or reasonably suspects that you have breached these terms, including by sharing your username and password in breach of the Subscription Terms, or if it is required to do so by a Content Provider because of a suspected breach by you, WBM may immediately suspend or terminate your access to any of the WBM Sites.
6.4 Where WBM reasonably believes that two or more accounts are held, controlled, used or created by or on behalf of the same individual or organisation, whether or not the registration details differ, WBM may treat those accounts as a single account for all purposes under these terms and may suspend or terminate any or all of them without notice.
6.5 You indemnify WBM and the Protected Parties against any loss, liability, damage, cost or expense, including reasonable legal costs, suffered or incurred by them in connection with any breach of these terms or any other legal obligation by you, or your use of or conduct on Projectory.com.au.
7. Monitoring and audit
7.1 WBM has no obligation to you to monitor your use of Projectory.com.au. However, WBM retains the right at all times to monitor, retain and disclose any information relating to your use of Projectory.com.au as necessary to satisfy any applicable law, regulation, legal process, governmental request or legal obligation.
7.2 WBM may monitor and retain records of registration and use of Projectory.com.au, including internet protocol addresses, device and browser characteristics, registration patterns, authentication events, and access and usage volumes, for the purposes of security, service delivery, and detecting and preventing breaches of these terms.
7.3 If WBM reasonably suspects any misuse of Projectory.com.au, or of information or content supplied by way of Projectory.com.au, WBM may, on giving you at least 10 days notice in writing, audit all records, systems, attachments, apparatus, books and records or other such material to verify your compliance with these terms.
7.4 Any audit will be conducted during normal business hours and subject to your reasonable security and confidentiality requirements. If an audit discloses a breach of these terms, you will pay, within 30 days of WBM notifying you, any underpayment and WBM’s reasonable audit costs, or any reasonable estimate of any discrepancy discovered pursuant to the audit arising from your misuse of Projectory.com.au.
8. Third party links and advertising
8.1 Hyperlinks and pointers to websites operated by third parties will appear on Projectory.com.au from time to time. Those websites do not form part of the WBM Sites, are not under the control of WBM or its related bodies corporate, and WBM has no responsibility for the content of any such hyperlink or linked website. If you link to any such website, you leave Projectory.com.au and do so entirely at your own risk.
8.2 Projectory.com.au displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by WBM or its related bodies corporate of the relevant advertiser, its products or services, or any such linked website.
8.3 If you contact a third party using functionality provided on Projectory.com.au, including by email, WBM accepts no responsibility for any action taken by that third party in response to your communication, or for any transaction entered into between you and that third party.
9. Disclosure of benefits
9.1 Reports and newsletters offered for sale or subscription by a Content Provider may from time to time be referred to or advertised on Projectory.com.au.
9.2 WBM or its related bodies corporate may receive a referral commission based on sales or subscriptions of such reports and newsletters taken up by users of Projectory.com.au. WBM has entered into agreements with Content Providers under which it pays a fee for the information and data provided by those Content Providers.
9.3 Except as set out above, WBM does not receive any commission or other benefit from a Content Provider based on the material you access or use on Projectory.com.au.
10. Information programs and rich media
10.1 Information programs and rich media operated by a third party, for example YouTube, Google Maps and Google Earth, may be accessed from within Projectory.com.au.
10.2 Those information programs and rich media do not form part of Projectory.com.au, are not under the control of WBM or its related bodies corporate, and neither WBM nor its related bodies corporate has any responsibility for their content or operation.
10.3 If you access information programs or rich media from within Projectory.com.au, you do so entirely at your own risk. Any dealing in products or services through information programs or rich media is entered into or arranged on your behalf by the operator of that information program or rich media (the "Operator") and not by WBM.
10.4 The information programs and rich media are a service provided to you directly by the Operator on the terms of your agreement with them. WBM has no involvement in, and is not arranging or implementing, any dealing through the information program or rich media.
10.5 Any information available to you through Projectory.com.au is input by you, or compiled and copied from data provided electronically to WBM by the Operator. WBM does not make any representation or warranty regarding the accuracy of information programs and rich media.
10.6 WBM and the Operator may have an agreement for cross-marketing of the Operator’s online services and Projectory.com.au. However, WBM does not receive commissions, or any other form of benefit, based on the nature or volume of traffic initiated by you in accessing information programs or rich media through Projectory.com.au.
11. Limitation of liability
11.1 WBM does not exclude any right or remedy available to you under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any similar State or Territory legislation, that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of Projectory.com.au and the material on it that may be implied by law are excluded.
11.2 To the extent WBM supplies goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability for breach of any implied warranty or condition which cannot be excluded is restricted, at WBM’s option, to:
(a) in the case of services supplied or offered by WBM, the re-supply of those services or the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by WBM, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods, or the payment of the cost of having the goods repaired.
11.3 Subject to the above qualifications, you expressly agree that in no circumstances will WBM or the Protected Parties be liable to you for any damage or loss, including but not limited to any indirect or consequential loss or any loss of profits or revenues whatsoever, however caused, including but not limited to by the negligence of WBM or a Protected Party, suffered or incurred by you in connection with your use of Projectory.com.au.
12. General
12.1 In entering into this agreement with you and obtaining the benefit of any exclusion of liability, disclaimer or indemnity, WBM acts on its own behalf and as trustee for each of the Protected Parties.
12.2 Where specific provisions of these terms relate to a particular Content Provider, they are not intended to limit or otherwise affect the application of other general provisions to WBM or other Content Providers.
13. Governing law
These terms, and all other additional terms which govern your use of and access to the WBM Sites, are governed by and construed in accordance with the laws of Western Australia, Australia.