Website Terms of Use

Surroundings Pty Ltd ACN 125 139 193

1.          Terms and Conditions of Use

As consideration for allowing you, the (User), to view the Content on our website, located at the url www.surroundings.com.au (Site), Users agree to the following Terms and Conditions of Use (Terms and Conditions). 

The Site is operated by Surroundings Pty Ltd ACN 125 139 193 (Surroundings) which provides Users with access to the Content and Facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms and Conditions.

By viewing the Content, or using the Facilities on the Site, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them. 

If you do not agree to these Terms and Conditions, please leave this Site immediately.

1.1       Definitions

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).

Facilities means any feature that appears on the Site for Users to use, or any mechanism or feature employed by a User to access the Content.

2.        Permitted use2.1       Content

(a)        Unless otherwise indicated, Surroundings reserves all copyright in the Content and design of the Site.  Surroundings owns all such copyright or provides it to Users under the terms of a limited licence embodied in these Terms and Conditions each time a User visits the Site.

(b)        Users may download, print or copy Content provided on the Site for their own personal use.  Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.

(c)         Users must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act).  In particular, Users must not reproduce or use any of the information on the Site for commercial benefit.

(d)        Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

2.2       Prohibitions on use

This Site and the information and facilities contained herein must not be used in any manner that infringes the rights of Surroundings. Users must not:

(a)        data mine or conduct automated searches on the Site or the Content on the Site, whether through the use of additional software or otherwise;

(b)        frame or mirror the Site;

(c)         tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;

(d)        transmit any virus, worm or other disabling feature to or via the Site;

(e)         abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;

(f)          advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain; or

(g)         use our Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).

3.        Privacy Policy

In using the Surroundings website, Users are deemed to also accept the terms and conditions of our Privacy Policy.

4.        Provision of service

(a)        Surroundings may, without notice, suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.

(b)        Surroundings may also choose at its sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Site.

(c)         Surroundings may make improvements and / or changes to Site and the Content at any time without notice.  Surroundings does not warrant that the information architecture or navigation will not change now or at any time in future.

5.        Disclaimer and limitation of liability5.1       Disclaimer of warranties

Users expressly acknowledge and agree that, to the maximum extent permitted by law:

(a)        their use of the Site is at their sole risk.  The service is provided on an "as is" and "as available" basis.  Surroundings and its officers, employees, agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(b)        Surroundings and its representatives, agents or employees make no warranty that:

(i)         the Content will meet Users’ requirements;

(ii)       the information contained in the Content is accurate or reliable;

(iii)      the Content will be uninterrupted, timely, secure or error-free;

(iv)      the quality the Content, or other material obtained by Users through the Site, will meet your expectations; or

(v)       any errors will be corrected.

(c)         any Content downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of the Content.

(d)        no advice or information, whether oral or written, obtained by you from Surroundings or through or from the Content creates any warranty not expressly stated herein.

5.2       Limitation of liability

(a)        Except for certain statutory warranties under consumer protection laws, Surroundings does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content, Facilities or your use of the Content or Facilities on this Site. 

(b)        Subject to any claims available under consumer protection laws, Surroundings, itsofficers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however Surroundings suffered or sustained in connection with:

(i)         any inaccurate or incorrect information provided on the Site;

(ii)       Users use of the Content;

(iii)      any interference with or damage to Users’ computer systems which occurs in connection with use of this Content;

(iv)      the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;

(v)       any unauthorised access to or alteration of your Account information;

(c)         For claims that cannot be excluded or restricted under consumer protection laws, the liability of Surroundings for such a claim will (at Surroundings’ option and to the extent permitted by law) be limited to resupplying the Content again.

5.3       Links to third party Sites

(a)        Surroundings does not represent or warrant that links from the Site are not to websites which may inadvertently infringe the intellectual property rights of any person anywhere in the world.

(b)        By inadvertently linking to infringing third party content, Surroundings is not authorising infringement of any intellectual property rights contained on websites.  Please contact us at mail@surroundings.com.au to notify us of any links you allege are infringements.

6.        Miscellaneous provisions

6.1       Access to the Site outside the Jurisdiction

No representation or warranty is made that the Content on the Site complies with the laws of any country outside of Australia.  If Users access the Site from outside Australia, they do so at their own risk.

6.2       Trade marks

Surroundings may be the owner of several common law (or where indicated) registered trade marks which appear on the Site.  Unauthorised use of these trademarks will infringe our intellectual property rights.  If you have infringed our rights in this regard, Surroundings reserves the right to take action against you.

6.3       Changes

Surroundings may change the Terms and Conditions at its discretion by providing notice on the Site.  The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.

6.4       Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users.  Any contact with the officers, agents or authorised representatives of Surroundings that includes any statements, representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

6.5       Indemnity

By using the Site, Users indemnify Surroundings and its respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Surroundings may incur or suffer as a direct or indirect result of:

(a)        a breach of these Terms and Conditions of Use;

(b)        an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site; or

(c)         any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.

6.6       Governing law and jurisdiction

The laws of Queensland and Australia govern this Agreement.  The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.

6.7       Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

6.8       Waiver

If Surroundings does not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of right of Surroundings to act with respect to subsequent or similar breaches.