Terms Conditions

Terms & Conditions

Last modified March 2017

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE REDR WEBSITE

1. Scope of Terms & Conditions

If you continue to browse and use this website which shall include the use of any of our Fee-based services you are agreeing to comply with and be bound by the following terms and conditions of use ("Terms & Conditions"), which together with our privacy policy govern RedR Australia’s relationship with you in relation to this website. The term “RedR” or “us” or “we” refers to the owner of the website, RedR Australia, whose office is at 55-61 Barry St, Carlton, 3053, Australia. The term “you” refers to the user or viewer of our website.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this website and, if applicable, you should cancel your registration with us.

The use of this website is subject to important disclaimers, limitations of liability and indemnities.

2. Charges and Fees for Services

By registering for a Service, you agree as follows:

a. To pay, using a valid credit card (or other form of payment which we may accept from time to time), the fees set out on this website, applicable taxes, and other charges, surcharges, costs and fees incurred in order to access or purchase our Services (“Fees”).

With regard to Fees we:

i. reserve the right to increase the Fees, or to introduce new Fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).

ii. will automatically charge your credit card or other account up to two weeks prior to commencement of a course unless you terminate or cancel your registration in writing two weeks before commencement of the course.

Each time you use or apply for our Services, you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable).

b. All Fees are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated.

c. In addition to the Fees, you are responsible for all charges and fees associated with connecting to this website, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, and any other fees and charges necessary to access our Services.

d. For the purposes of your use and purchase of our Services, including identification and billing, you agree to provide us with true, accurate, current and complete information as required by the Application form for our Services including your complete legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date) as required (Application Data).

You agree to allow us to share your Application Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. RedR Australia utilises a third party agency to manage and keep private credit card transaction data. You agree to maintain and promptly update the Application Data to keep it accurate at all times.

NB: RedR Australia’s preferred payment method is via credit card. However, in some circumstances, invoicing may be arranged for payment of the course fee balance. Please ensure your name is included in the title of your bank transfer and the title and month of the course you are undertaking if possible. Please note that international applicants must pay their deposit and balance via credit card only. To accept donations we use eWAY. For any enquiries regarding your payment please contact RedR directly.

Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to refuse any and all current or future use by you of any of our Fee-based Services.

e. You are entirely responsible for maintaining the confidentiality of your account information. You must notify us immediately in the event of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your credit card information. In the event of a breach of security by you, you will remain liable for any unauthorised use of your Application Data. If your credit card expires, is cancelled, is lost or is subject to use without your authorisation, you will immediately update your Application Data.

f. In the event of your failure to satisfy limitations we set based on demographic, geographic, health and/or other similar criteria, or if we otherwise properly refuse your Application to one of our Fee-based Services or if you cancel your registration to one of our Fee-based Services, we agree that the Registration Fee paid in advance by you (or portion thereof) is refundable.

g. Substitutions are welcome at any time.

h. A non-refundable deposit of $400 (Australian) is payable at the time of enrolment to secure your place on a course. This payment must be made via credit card through our secure payment facility.

Payment of the fee balance may be incremental or made as one final payment, and must be paid in full at least 14 calendar days prior to the advertised course commencement date.

i. RedR Australia reserves the right to cancel an applicant’s place in a course if the fee balance is not received 14 calendar days prior to the course commencement date.

If cancellation of a reserved course booking is received by RedR less than 14 calendar days preceding the advertised course commencement date, 50% of the total course fee will be non-refundable. Special circumstances may apply and must be verifiable with medical and other certificates to justify a late cancellation and full reimbursement (less deposit).

RedR will allow a participant to defer their participation to a subsequent course without penalty once ONLY if that notice is received 14 calendar days preceding the advertised start date of the course originally enrolled in.  Course enrolment may be transferable to another person, without penalty, and you should contact training@redr.org.au to discuss options.

j. If cancellation from a course occurs following course commencement, then 100% of the course fee is non-refundable. Consideration will be given to special circumstances and any such request must be made in writing within 7 days of course withdrawal. 

k. If a refund is agreed upon by RedR Australia, the withdrawal is to be confirmed in writing before the refund will be paid.

l. RedR Australia reserves the right to change the commencement date or to cancel a training course for any reason with a minimum of two (2) clear weeks’ notice for any long training courses. If it’s a short course, RedR reserves the right to cancel within 72hrs of the workshop commencement.

m. Applicants will be given a full refund of fees where a change of date occurs. However, applicants may elect to transfer their registration without additional cost where a training course is rescheduled and the new dates are convenient.

n. A tax invoice will be provided, as soon as practicable following receipt of the registration.

3. Availability of Fee-based Services

The availability and use of our Fee-based Services may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from registering to our Fee-based Services at any time based on these criteria.

4. Ownership

All materials on this website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, audio, images and other materials ("Content"), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws. You may not distribute, exchange, modify, sell or transmit anything you copy from this website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on this website limiting the way you may use any of the Content. There are a number of proprietary logos, service marks and trade marks found on this website. By making them available on this website, RedR is not granting you any licence to utilise those proprietary logos, service marks or trade marks. Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this website, you may not remove any copyright or trade mark notices or other notices that go with it.

5. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions. You understand that registration to our Fee-based Services is only valid for your personal, non-commercial use and may not be shared with others.

You agree to indemnify us and keep us indemnified against any loss suffered by us due to you selling, leasing, licencing or otherwise receiving any consideration for allowing the information provided in a Fee-based Services to be used by any other person or entity.

You acknowledge that this website contains Content that is protected by copyrights, patents, trade marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under applicable laws and we own copyright or other property rights in the selection, coordination, arrangement and enhancement of all such Content. All trade marks appearing on this website are trade marks of their respective owners. RedR Australia® is the trade name and the registered trade mark. Our partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this website. You may not modify, publish, transmit, reuse, report, distribute, perform or participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent.

6. Privacy and Security

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy. By agreeing to these Terms and Conditions, you also consent to the collection and use of your Personal Information in accordance with the Privacy Policy.

7. Community Standards and Conduct Guidelines

You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to, on or through this website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to, on or through this website. We do not control the Postings of others and, as such, you agree that we have no responsibility for the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of this website (as described below), you understand that by using this website, you may be exposed to Postings that are (without limitation) inaccurate, offensive or objectionable. Except for Postings created by us (as to which you agree that liability shall rest with the entity which created the relevant Content and shall be governed by these Terms & Conditions), under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the access to or use of any Postings posted, emailed or otherwise transmitted to, on or through this website.

You agree not to use this website (including any Forums) to do, or attempt to do, any of the following (as to which you agree to accept us as sole arbiter in our absolute discretion):

a. upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;

b. harm, wrongly influence or threaten Children in any way;

c. impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of RedR, our Affiliates or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us, any of our Affiliates or any other person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to, on or through this website;

e. upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment or other contractual relationships or under non-disclosure agreements);

f. upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary rights of any party;

g. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of commercial solicitation or promotion, except in any areas, that are specifically designated for such purpose;

h. upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of this website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum;

j. interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any law and/or regulations having the force of law;

l. "stalk" or otherwise harass another user of this website or employee of RedR or of any of our Affiliates;

m. collect or store personal data or attempt to collect or store personal data about other users of this website.

Your privilege to use this website (including the Forums) and to contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion and without providing any reasons, your use of, or participation in, any Forum.

All Forum communications, including, but not limited to, message board communications, are public and not private communications. We reserve the right to monitor any areas of this Website (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose, but you agree we have no obligation or duty to do so and you release us from any such obligation or duty. You acknowledge that, by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any or no reason, we have no obligation to delete Postings that you may find objectionable or offensive.

8. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, messages, comments, feedback, ideas, notes, drawings, articles, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns (despite any moral rights you may have in relation to which you hereby consent, for the benefit of RedR and any Affiliates, to any act or omission on the part of RedR or any Affiliates, whether occurring before or after your use of this Website) a royalty-free, perpetual, irrevocable, non-exclusive right and licence (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, enter into commercial rental arrangements in respect of and display any Submissions (in whole or in part and with or without the use of your name or any other form of recognition of the source or authorship of any such Submission) worldwide and/or to incorporate the Submissions or any of them in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trade marks and other intellectual, personal and proprietary rights (collectively, the "Rights") that may exist in such Submissions.

Submissions will be collected and may be used to improve the Content of this website, to customise the Content and/or layout of our page for each individual consumer, to notify consumers about updates to this website, and may be used by us to contact consumers for marketing purposes. By submitting any such material, you give up any claim that any use of a Submission, or any part or derivative element of a Submission, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way RedR uses such material. RedR is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to us or this website for any purpose whatsoever, including but not limited to developing services using such information. However, you agree and understand that RedR is not obligated to use any such ideas or materials and you have no rights to compel such use.

You also hereby irrevocably and unconditionally consent, to the fullest extent permitted by law (either present or future), to us or any person authorised by us, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Submissions or any adaptation of the Submissions (or any part of the Submissions or of any such adaptation) anywhere in the world:

a. in whatever form and in whatever circumstances we think fit, including the making of any distortions, additions or alterations to the Submissions or any adaptation of the Submissions (or any part of the Submissions or of such adaptation);and

b. without making any identification of you or any other form of recognition of the source or authorship of any such Submissions, in relation to them or any of them.

You also warrant to us that:

a. you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to send, email, post or otherwise transmit to us the Submissions;

b. any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the Rights and give the consent stated above; and

c. each person depicted in any images, photos and/or videos contained in your Submissions (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence; and

d. we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without being obliged or required to give or pay any compensation to the provider of the Submissions or any third party holder of any Rights.

9. Links

These Terms & Conditions apply only to this website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. We encourage you to read the terms and conditions of use, and privacy policy guidelines, of such other website before conducting any material use of, or access with, that website. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising products or other materials, goods or services on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is suffered by or alleged to have been suffered by you, in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.

10. Third Party Products and Services

You may register for services, through this Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as):

a. a party to any such transaction, whether or not we may have received some form of revenue, fee, commission, benefit or other remuneration in connection with such transaction;

b. liable to you or any other person for any costs or damages arising out of or relating to, either directly or indirectly, such transaction; and

c. as required to disclose to you or any other person any of the terms or conditions upon which we are or may become entitled to any such revenue, fee, commission, benefit or remuneration.

Where we receive commissions from Third Party Sellers, we will notify users of this website.

11. Surveys

This website may contain invitations to participate in surveys that request you to send in to us or post on this website material or information about yourself. Each survey will have its own rules, and you must read and agree to all those rules prior to responding to any survey.
Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Some of the information requested may be of a personal nature but there is no obligation to answer any or every question. In particular, submission of your email address will be optional. Information requested may include contact information (such as name and address) and demographic information (such as post code, age, gender and marital status). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this website. Large population demographics may be compiled and published using this data but no individual information will be disseminated.

12. Disclaimer regarding Health Issues

This website collects certain medical information to assess suitability of applicants in accessing services. RedR is not a medical organisation and our staff cannot and do not give, or purport to give, you medical advice or diagnosis. Nothing contained in this website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified medical practitioner. You are urged and advised to seek the advice of a medical practitioner before beginning any Training Course or Deployment. RedR practice requests the individual to notify of pre-existing health issues or physical disabilities.  Due to the nature of course activities, discussion follows, reflected by prudent approach to participation in training activity and/or deployment.  This may result in a request of certificate by a medical practitioner and/or additional professional advice with applicant excluded from services.

13. Disclaimers of Warranties

Please note the following disclaimers of warranties that form part of these Terms & Conditions:

a. the services, content and materials on this website are provided "as is" and, to the extent permitted by law, without warranties of any kind, either express or implied;

b. we disclaim all warranties, express or implied, including but not limited to implied warranties for a particular purpose, title, compatibility, security, accuracy or non-infringement in respect of any product, service or publication contained on this website, or able to be accessed through any link on this website;

c. neither RedR nor any of our respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available, are free of viruses or other harmful components;

d. any service, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such service, content or material;

e. neither RedR, nor any of our respective licensors, licensees, service providers or suppliers endorse, recommend, promote, warrant or make any representations regarding the use, benefits, risks or the results of the use of the services, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise;

f. no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these Terms & Conditions; and

g. we disclaim all warranties, express or implied, for any errors or omissions, inaccuracies or incompleteness of any Content, Submission or other material contained on this website or able to be accessed through any link on this website.

14. Limitation of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:

a. the use or the inability to use this website;

b. the use of any Content or other material on this website or any website or websites linked to this website;

c. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website;

d. unauthorised access to or alteration of your transmissions or data;

e. statements or conduct of any third party on this website;

f. any other matter relating to this website;

You acknowledge that, by undertaking any Services, you are doing so voluntarily and you are aware that there may be dangers in participating in a Service. You are aware that your undertaking a Service may result in serious personal injury, permanent disability or death and/or property loss and damage.

You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in a Service or other risks not known to you or that are not readily foreseeable at the time of using this website. You further acknowledge that this is a risk warning pursuant to relevant State legislation and the Trade Practices Act 1974 (Cth) and you agree that you assume all risks in connection with your participation in a Service.

You agree to participate in any Service in a manner that is not reckless or dangerous to yourself or other people.

To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless RedR (including its officers, employees, and agents) and its Affiliates against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description which you may suffer or sustain in the course of or consequent upon your participation in a Service, use of your own equipment, or any activity incidental to a Service, whether direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Service.

Where your loss is not or cannot be excluded by these Terms & Conditions then:

a. in no event shall our 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 this website; and

b. our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions and conditions is limited to, at our election:

i. in the case of goods, any one or more of the following:

A.      the replacement of the goods or the supply of equivalent goods;

B.      the repair of the goods;

C.      the payment of the cost of replacing the goods or of acquiring equivalent goods; or

D.      the payment of the cost of having the goods repaired; or

ii.  in the case of services:

A.      the supplying of the services again; or

B.      the payment of the cost of having the services supplied again.

If you are dissatisfied with any portion of this website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this website.

15. Limitation of Liability for Fee-based Services

In addition to the limitations of liability contained in clause 14, you expressly understand and agree that, in relation to the Fee-based Services, we and our affiliates, to the extent permitted by law:

a. exclude all conditions and warranties implied into these Terms and Conditions; and

b. limit our liability for breach of any such condition or warranty that we cannot exclude to the greater of:

i. resupplying the Fee-based Services which are the subject of the breach;

ii. paying the cost of having the Fee-based Services which are the subject of the breach resupplied; or

iii. repayment of all monies you have paid to us for the Fee-based Services which are the subject of the breach.

In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or for damages, whether in an action in contract or tort (including negligence), even if we have been advised of the possibility of such damages or if such damages are foreseeable.

You acknowledge that the limitations of liability of us in this clause 15 and in the other provisions of these terms and conditions and the allocation of risk herein are an essential element of the agreement between you and us, without which we would not have supplied the Fee-based Services. Our pricing of the Fee-based Services reflects this allocation of risk and the limitation of liability specified herein.

16. Indemnification

You agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this website or our products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

To the maximum extent permitted by law, you agree to indemnify RedR (including its officers, employees and agents) and its Affiliates against any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Service, use of your own equipment, or any activity incidental to a Service, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Service.

You agree that the waivers, releases, discharges and indemnities contained in these Terms and Conditions shall operate in favour of RedR (including its officers, employees and agents) and its Affiliates and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.

You acknowledge and agree that these Terms and Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against RedR (including its officers, employees and agents) and its Affiliates arising out of or as a consequence of your participation in a Service, use of your own equipment, or in any activity incidental to a Service.

17. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this website or these Terms & Conditions shall be filed only in the state or federal courts located in Victoria and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

18. Miscellaneous Terms

  • Recovery of Legal Expenses
    In any action against us arising from the use of this website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer's fees.
  • Severability
    If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
  • Entire Agreement
    These Terms & Conditions, together with other documents incorporated by reference, are the entire agreement between you and us relating to the subject matter herein.
  • Modification of Terms
    These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement between you and RedR. Each time you access this website, you will be deemed to have accepted any such changes.
  • Assignment
    We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
  • No waiver
    The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under these Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

19. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use this website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: The Communications Adviser, RedR Australia Limited, 55-61 Barry St, Carlton, VIC 3053, Australia.

(Last modified March 2017)

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