1 About this website
The Cantaris website is owned and operated by Red Flash Pty Ltd (trading as Cantaris) under the domain name www.cantaris.com.au.
Your use of the Content on the Cantaris website is governed by these Terms of Use and our Privacy Statement. By using the Cantaris website, you agree to be bound by these Terms of Use.
2 Links to other websites
The Cantaris website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.
3 Information available on the Cantaris website
The Cantaris website provides general information only. Some parts of the Cantaris website’s content is provided by third parties or other users of the Cantaris website.
While Cantaris has taken reasonable steps to ensure the information provided on this website is accurate and up to date, Cantaris does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Cantaris website. Users of the Cantaris website must rely solely on their own assessments and verification of its contents.
4 Availability of the Cantaris website
As electronic services are subject to interruption or breakdown, access to the Cantaris website is offered on an “as is” and “as available” basis.
We do not guarantee that access to the Cantaris website will function as intended or be uninterrupted.
We do not represent or warrant that the Content on the Cantaris website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.
We may withdraw the Cantaris website at any time and without notice to you. We may limit or restrict the use you make of the Cantaris website.
All Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice.
5 Purchases and other terms
5.1 Additional terms
In addition to these Terms of Use, other terms of use or conditions may apply to your use of specific parts of the Cantaris website. By using these parts of the Cantaris website, you also agree to be bound by these additional terms.Additional terms and conditions may apply to your purchases of products or services from the Cantaris website. By purchasing the product or service, you agree to be bound by these additional terms.
If there is a conflict between these Terms of Use and the terms applicable to a specific part of the Cantaris website or for any product or service offered through the Cantaris website, the latter terms will prevail with respect to your use of that part of the Cantaris website or the specific product or service.
5.2 Cantaris’s products and services
Cantaris’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Cantaris website alters such agreements.Cantaris may make changes to any products or services offered on the Cantaris website, or to the prices for those products or services, at any time, without notice. Content on the Cantaris website relating to products and services may be out of date, and Cantaris makes no commitment to update such Content.
6 Registration
The Cantaris website offers some content (Premium Content) that is available only to subscribed users of the Cantaris website.
The terms set out in this clause 6 apply to users who register on the Cantaris website to become subscribed users (Subscribers). They apply in addition to all of the other terms set out in these Terms of Use.
If you are under the age of 18 years, you should ask your parent(s) or legal guardian for permission to register with Cantaris to become a Subscriber.
6.1 Your warranties on registration
By registering to becoming a Subscriber, you represent and warrant that:(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; and
(c) your use of the Premium Content does not violate any applicable law or regulation.
6.2 Acceptance of your registration
We may choose to accept or decline your registration to become a Subscriber. We may terminate your registration as a Subscriber at any time, without warning and without cause.6.3 Fees
We reserve the right to charge for the Premium Content and to change our fees from time to time at our discretion. If we terminate your subscription because you have breached these Terms of Use, you will not be entitled to the refund of any unused portion of those fees.6.4 Password and account security
When you sign up to become a Subscriber, you will be issued with a User ID, and will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your User ID, password and other account information. You must not disclose your User ID, password or other account information to any other person.You are solely responsible for any and all use of your account. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password or any other breach of security. However, you may be held liable for losses incurred by Cantaris or any other user of or visitor to the Cantaris website due to someone else using your User ID, password or account.
You must not use the account, username, or password of another Subscriber at any time.
7 Your use of the Cantaris website
7.1 No lifting of Content
You must not use any robot, spider, screen scraper, data aggregation tools, deep-link or other automatic or manual process to access, monitor, copy or extract any part of the Cantaris website or any Content; or to in any way reproduce or circumvent the navigational structure or presentation of the Cantaris website or any Content; or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Cantaris website.7.2 No hacking
You must not attempt to gain unauthorized access to any part of the Cantaris website, or any other systems or networks connected to the Cantaris website, or to any Cantaris server, or to any of the products or services offered through the Cantaris website, by hacking, password “mining” or any other illegitimate means.You must not probe, scan or test the vulnerability of the Cantaris website or any network connected to the Cantaris website. You must not breach the security or authentication measures on the Cantaris website or any network connected to the Cantaris website.
7.3 No interference or overloading
You must not interfere or attempt to interfere with the proper working of the Cantaris website or any transaction being conducted on the Cantaris website, or with any other person’s use of the Cantaris website.You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Cantaris website or Cantaris’s systems or networks, or any systems or networks connected to the Cantaris website or to Cantaris.
7.4 No unlawful use
You must not use the Cantaris website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cantaris or others.8 Intellectual property rights
8.1 Our Content
All intellectual property rights in the Content is owned or licensed by Cantaris.Cantaris grants you a limited, revocable, non-sub licensable licence to view the Content solely for your personal use in connection with using the Cantaris website.
Except where necessary for viewing the Content on the Cantaris website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without Cantaris’s specific prior written consent.
8.2 Proprietary marks
"Cantaris", and all associated trademarks, are trademarks of Cantaris.You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Cantaris website.
9 Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Cantaris and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Cantaris website, to any material on linked websites, or to your access or use of the Cantaris website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
10 Indemnity
You indemnify Cantaris in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with your breach of these Terms of Use or your use of the Cantaris website.
11 Linking to the Cantaris website
Please contact Cantaris if you would like to place a link to any part of the Cantaris website.
12 Acceptance and changes to these Terms of Use
Your use of the Cantaris website constitutes your acceptance of these Terms of Use. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the Cantaris website. You accept that by doing this, we have provided you with sufficient notice of the variation.
13 Jurisdiction
The law applicable to the Cantaris website and to disputes arising from or in connection with the Cantaris website is the law of the State of Western Australia, Australia.
You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.
14 Definitions
The meanings of the terms used in this document are set out below:
Cantaris, our, us or we means Red Flash Pty Ltd (ABN 88 127 106 138), trading as Cantaris.
Content means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of the Cantaris website.
Premium Content is defined in clause 6.
Subscribers is defined in clause 6.
Terms of Use means these Website Terms of Use.
you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.
