Sequester Business Services

Terms & Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.
By using this Web site (the "Web site"), you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials, including, but not limited to, tools, analysis, software, articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by Sequester Business Services Pty Ltd ABN 72 129 709 066 ("Sequester"), or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.

No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from Sequester, or the copyright holder identified in the copyright notice contained in the Content.

If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from Sequester. No other use is permitted without prior written permission of Sequester.

Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.

Modification of the Content or use of the Content for any other purpose is a violation of Sequester's copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Sequester.

USAGE BY CHILDREN UNDER 18. The Web site is directed to adults and is not directed to children under the age of 18. Sequester cannot prohibit minors from visiting the Web site. Sequester must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. Sequester does not permit registration by and will not knowingly collect personally identifiable information from anyone under 18. This requirement will be posted wherever Sequester collects data within the Web site, such as during the registration process.

MEMBER ACCOUNT. If you register as a user of this Web site, you will be assigned a username and password that is unique to you. You (the "Member") are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify Sequester of any unauthorized use of your username and password or any other breach of security at admin@sequester.com.au.

FEES AND PAYMENTS. Certain features of sequester.com.au are available only through the purchase of a subscription ("Fee-Based Services"). You agree to pay, using a valid credit card which Sequester accepts, the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. Sequester reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Sequester will automatically charge your account for the renewal of your subscription. The renewal charge will be the current published rates for the term of your subscription. In the event Sequester cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. In the event you cancel the service, Sequester will not refund any fees already paid by you. If you believe Sequester has billed you incorrectly, you must contact Sequester no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries and cancellation requests should be directed to Sequester’s Customer Support department ( customer.service@sequester.com.au).

FORUMS AND PUBLIC COMMUNICATION. "Forum" means letters, e-mails or other types of communications to the member, editors, Webmaster(s) or employees of Sequester, and messages posted on the Web site. You shall not upload to, distribute through, or otherwise publish through a Forum on the Web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

Subject to the terms of the Sequester Privacy Policy, in general, we monitor and edit the contents of Forum materials when required in the course of normal maintenance of the Web site and its systems, or when required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Sequester; (2) protect and defend the legitimate business interests, rights or property of Sequester, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. Sequester has the right but not the obligation to monitor and edit or remove any Forum communications and content.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

PRIVACY. Registration data and certain other demographic information about you are subject to Sequester's Privacy Policy. For more information, see our privacy policy.

INDEMNIFICATION. You agree to indemnify, defend and hold Sequester harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Web site.

NON-TRANSFERABILITY. Your right to use this Web site is not transferable. Any password or right given to you to obtain information is not transferable.

JURISDICTION. Unless otherwise specified, the Content on the Web site is presented solely for the use of and by the owners of businesses registered or incorporeate within Australia. The Web site is controlled and operated by Sequester from its office in Armidale NSW, Australia. Sequester makes no representation that Content on the Web site is appropriate or available for use in locations outside Australia. Those who choose to access the Web site from outside Australia do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

All users, including those users who access the Web site from a country other than Australia, agree that the laws of the State of New South Wales shall govern any dispute, including those arising from Sequester's use of personal information or otherwise relating to privacy, as specified in the Sequeser Privacy Policy.

TERMINATION. These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all Web site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from Sequester if, in Sequester's sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the Web site and all copies thereof, whether made under these terms or otherwise. Sequester may take such further action as Sequester determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Sequester shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Sequester's exercise of its rights under these terms and conditions.

DISCLAIMER. THE CONTENT IN THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEQUESTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEQUESTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEQUESTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SEQUESTER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SEQUESTER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF SEQUESTER OR A SEQUESTER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SEQUESTER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

NOT BUSINESS ADVICE. The Content contained on the Web site has been prepared by Sequester as a service to its members and is not intended to constitute business advice. In preparing the Content contained on this website, Sequester has not taken into account your objectives, financial situation or needs. Before acting on the basis of the information and analysis contained on this website, you should consider (with or without the assistance of an adviser) whether the information in this website is appropriate to you in light of your particular objectives, financial situation and needs.

Sequester has used reasonable efforts in collecting, preparing and providing quality Content, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the Content contained on, linked from, or linked to the Web site. Sequester is not responsible for damages or losses, however caused, that may arise as a result of accessing, sharing, or acting on the Content. Users of Content from the Web site or links do so at their own risk.

OTHER PRODUCTS. Any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Sequester. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Sequester.

LINKS TO OTHER WEB SITES AND SERVICES. Should you leave the Web site via a link contained within the Web site, and view content that is not provided by Sequester, including content in relation to the issue or sale of a product:

(a) you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by Sequester. Sequester is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. Seqeuster does not make any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party;

(b) links to other websites are provided for convenience only and do not represent any endorsement by Sequester of the products or services offered by the website owner;

(c) To the extent that the Web site contains links to outside services and resources, Sequester does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

OTHER. These terms shall be governed by and construed in accordance with the laws of the State of New South Wales. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state courts located in New South Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Use must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Sequester. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Sequester’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.