Exporter Terms of Use

UNITED STATES CONNECT PTY LTD – USER AGREEMENT

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR SERVICES AT www.unitedstatesconnect.com

PRIOR TO SUBSCRIBING TO THE SITE, YOU MUST READ, AGREE AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND OUR PRIVACY POLICY LOCATED AT PRIVACY POLICY

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON BELOW, AND BY YOUR CONTINUED USE OF THIS SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITION OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING WHEN IT IS MODIFIED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, PLEASE DO NOT USE THE SITE.

UNDER THIS AGREEMENT WE LIMIT OUR LIABILITY TO YOU AND YOU INDEMNIFY US AGAINST CERTAIN LOSSES WE MAY SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE

THESE TERMS AND CONDITIONS INCLUDE ALL MODIFICATIONS UP TO AND INCLUDING TODAY'S DATE.

1. Purpose

The mission of United States Connect is to provide a one-stop-shop for Australian & New Zealand exporters to access the information, advice and contacts they need to succeed in the United States.

To achieve our mission, we make services available through our Site, to provide our members with information, help our members find other professionals who may offer useful goods and services, and to meet, exchange ideas, learn, find opportunities and network with other members.

2. Agreement

This Agreement describes the terms and conditions that govern your use of the Site. This Agreement and our policies constitute the entire agreement in relation to the Site and your use of the Site. Access to this Site is subject to your acceptance of this Agreement.

3. Interpretation

A reference to this “Agreement” is a reference to the terms and conditions contained in this agreement and our policies relating to the use of the Site.

A reference to “Information” is a reference to any information on the Site. "Content" means any information or data you provide to us or other members of this Site, whether displayed on the Site or not or referenced by the Site or otherwise, and includes text, graphics, images, logos and trade marks, music, code, video, audio, photographs, ideas, concepts, techniques, urls, data, emails, forum posts and other content in any media or form.

A reference to “we”, “our” and “Company” is a reference to United States Connect Pty Ltd ACN 165 683 401 , and each of its related bodies corporate (as defined under the Corporations Act 2001 (Cth)) from time-to-time.

The references to "you" and "your" refer collectively to you, and each of your employees, agents, contractors, related bodies corporate or other third parties who access this website on your behalf and acting with your express or implied authority.

A reference to “Site” is a reference to the website located at www.unitedstatesconnect.com.

4. Modifications to this Agreement

We may at any time modify any of the terms and conditions of this Agreement and/or the terms of our policies. Unless we notify you in writing otherwise, modifications to this Agreement or our policies are effective upon being posted on this website. You agree to check this website regularly for modifications and other notices. Your continued use of the Site following a modification of this Agreement or a policy constitutes your acceptance of all modifications posted on this website. If you do not agree to a modification, you may terminate this agreement by notifying us in writing.

If, after any changes to this Agreement or any of our policies, you continue to use our Site, you will be considered to have accepted the varied terms and conditions as part of the Agreement.

5. Recommendations and endorsements

We do not validate or otherwise authenticate, certify, confirm or endorse the members of this Site, nor do we endorse the goods and services offered or provided by members, or make any guarantees as to payment of the goods or services provided by a member to another member. We have no control over the accuracy of any Content provided by a member. We are not involved, and are not responsible for disputes between members.

6. Membership

We offer Information and Content on our Site to members (services). By agreeing to the terms and conditions of this Agreement, you acknowledge that you can enter into legally binding contracts of this nature and you represent and warrant that:

- for individuals: you are 18 years or older; and

- for bodies corporate, bodies politic and other organisations: you have the right and authority to bind the entity to the terms and conditions of this Agreement.

We reserve the right to change our services and suspend, terminate or restrict your membership at any time, if we believe that it is justified on the terms of this Agreement or our policies. If we change our services, or suspend or terminate your membership, you may be prevented from accessing our services either temporarily or permanently. If your membership is suspended or terminated, you are prohibited from applying for a new membership account with us.

Your membership is not transferable. Your account (including Content you provide and any associated user identification) may not be dealt with in any way by any third parties. You must not allow third parties to use your account and you must not transfer or sell your account to a third party. As a member you are responsible for maintaining control of your account and for any activity that occurs on your account. To maintain the safety of the Site and our services, you must report any unauthorised use of your account and associated user identification to us as soon as possible after becoming aware of the unauthorised use.

7. Annual membership fee

There is currently no fee to join United States Connect. 

8. Promotional

We reserve the right to waive or change our fees at any time. We may temporarily suspend or change our fees for promotional purposes and these changes will be effective for the promotional period advertised.

9. Content you provide to us

Members may submit Content to us for publishing to a forum on the Site or for display on or through the Site otherwise. You retain full ownership of your Content, and may request its deletion by contacting us (except if that Content has been shared with other members, in which case we may not be able to delete it).

By submitting Content to us (or providing us with Content in some other manner), you grant to us a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, royalty-free licence to use, reproduce, adapt, amend, improve, prepare derivative works of, distribute, publish, remove, analyse and sub-licence that Content you provide, without any further consent, notice or requirement to pay you or any third parties. We may commercially exploit your Content anywhere in the world with no restrictions and without any payment to you. We may make your Content available to other members and visitors, and to third party websites including social media sites.

We may moderate (including altering and adapting it for operational or editorial reasons) your Content before it is displayed on our Site. We do not guarantee that all or any Content you submit for publishing on our Site will be published. We may take down or amend your Content at any time for any reason.

You agree and warrant that all Content you submit to us (or make available to us in some other manner) is not confidential, is not in violation of any law, this Agreement, any other contractual obligation between you and another party, or other third party rights (including any intellectual property rights), and that you are entitled to submit that Content to us.

If you believe that any Content does not comply with the requirements set out in this Agreement, is defamatory, or infringes your (or another party's) IP rights, please notify us immediately. We will then review the Content and, where appropriate (at our discretion), remove the Content within a reasonable time.

Please note that any Content you submit to us may be available to the public, and that you will be identified as the author (unless we allow anonymous posting).

We have no control over the quality, safety, accuracy or legality of Content posted by members on to the Site. We cannot guarantee that other members will or will not use the ideas and information that you share on the Site, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Site. UNITED STATES CONNECT IS NOT RESPONSIBLE FOR ANOTHER PARTY'S USE OF ANY CONTENT OR INFORMATION YOU POST ON OUR SITE.

Disclaimer: The opinions expressed within comments are those of the author and not our views or opinions. We do not endorse any comments posted on our Site.

We may make a record of all of your transactions.

10. Fraud

Without limiting any remedies available to us at law, in equity or under this Agreement, we may, in our sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government agency that you have engaged in or may engage in fraudulent activity using, or otherwise in connection with your use of our Site and you will have no claim whatsoever against us in respect of any suspension or termination of your membership under this clause 12.

11. Refunds

To the extent permitted by law, except as expressly set out in this Agreement, no refunds will be given.

12. Disputes

We are not responsible for resolving disputes between you and other members. You agree that if you have a dispute with one or more members of this Site, all disputes must be resolved between you and the relevant member(s). Under this Agreement, you acknowledge that if we are contacted by a member that claims to have a dispute with you, we can release your contact information to that member in order for the dispute between you and the member to be resolved.

You release us from all claims, demands and damages (actual and consequential) arising out of or connected with the dispute or our release of your contact information.

Any dispute you have with us should be reported to us via email at info@unitedstatesconnect.com to enable us to attempt to resolve the dispute.

13. Communications

We will send you communications and notices regarding your account on the Site. These communications are not an endorsement, guarantee or a legitimisation of your services or Content. You are responsible for your services and Content which must comply with all relevant legal obligations.

14. Unauthorised activity

You must not:
- modify, adapt, or otherwise alter the Site;
- interfere, in any way, with the listings of other members of this Site;
- provide false, misleading, deceptive or otherwise inaccurate Content;
- act fraudulently;
- engage in, any activities that may result in the price of goods and services being manipulated;
- copy, reproduce, create derivative works or publicly display any content contained in the Site (with the exception of your Content);
- infringe any third party’s copyright, patent, trade mark, trade secret, confidential information, or any other proprietary or intellectual property rights a third party may have;
- provide or facilitate another person's access to, reproduce, or otherwise make available, the Site or any part of the Site, to another person;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that will result on an unreasonable or disproportionately large load being imposed on our infrastructure;
 
Directly or indirectly link to or include descriptions of goods or services that:
- are prohibited under this Agreement;
- are listed for sale on a website that is not this Site; or
- you do not have a right to link to or otherwise include in your description of goods or services;
- list any item on our Site, if the listing is likely to cause us to violate an applicable law, statute or regulation, this Agreement or any of our policies;
- violate any applicable law, statute, regulation or other applicable law or policy (including but not limited to those governing export and import control, consumer protection, unfair competition, criminal law and the Competition and Consumer Act 2010 (Cth));
- post any Content that is prohibited, or, in our opinion, may be prohibited Content for the purposes of the Broadcasting Services Act 1992 (Cth);
 
Incorporate Content into the Site or otherwise post any Content that:
- violates or infringes any applicable law or any right of a third party (including intellectual property rights); or
- is threatening, abusive, defamatory, invasive of privacy, libellous, defamatory, vulgar, obscene, profane, or which may otherwise harass or cause distress or inconvenience to, or incite hatred of, any person;
- use any robot, spider, other automatic device or manual process to monitor or copy the Site, or content contained in the Site;
- remove, disable, defeat, or otherwise circumvent any functionality of the Site (including a requirement to use a user name and password or other authentication method, or other security protection or preventative measures against unauthorised use);
- damage, disrupt, disable or otherwise impair the operation of the Site or interfere with the use of the Site by other persons, including introduce a virus, trojan horse or other malware into the Site intended to cause damage , breach, malfunction, or other undesired effects to the Site, or carry out a denial of service attack; or
- provide misleading or deceptive or defamatory Content or feedback, and
- we may terminate your membership should you do, or we suspect you may do, any of the above.

15. Confidential information

Unless provided otherwise by us in writing, you must keep confidential, and not use or disclose, any of our Information (including Content obtained through the Site and your user name and password for the Site) that is marked as confidential information or which is by its nature confidential information, excluding information which is public knowledge (other than as a result of breach of confidentiality by you), is in your prior possession or that is otherwise acquired or developed by you independently of us.

Upon our written request, you must return or destroy all copies of confidential information in your custody or control.

16. Privacy

Our Privacy Policy sets out the information (including personal information) we collect, and how we use it, when you access and use this website.

17. Intellectual property

The Site includes material which may be protected by copyright, trade mark, or other intellectual property laws in Australia or elsewhere and all rights in relation to such material are owned by or licensed to us unless otherwise stated. You are not permitted to make any use of such material without our express written permission.

18. Warranty

You warrant to us that:

  1. all of the information you have provided to us in respect of this agreement is true, accurate and complete and we may rely on this information;
  2. you have made your own investigation and performed sufficient due diligence on the Site to fully inform yourself about the functions and operation of the Site and have not relied on any representations made by us or any other person in relation to the Site;
  3. you will comply with all of your obligations under all applicable laws.
  4. you will not infringe or permit or assist any other person to infringe the intellectual property rights owned by us from time to time and use your best efforts to protect and prevent such intellectual property rights from such infringement by unauthorised third parties; and

19. Authority

If you accept this Agreement, or obtain access to the Site, on behalf of an employer, client or principal, you warrant that you have the express or implied authority to accept this Agreement on that person's behalf and agree that this Agreement is also binding on that person.

20. Access

Notwithstanding your acceptance of this Agreement, we are under no obligation to provide access to the Site or guarantee its availability or operation in any form and may suspend or terminate access to the Site or make changes to the Site at any time without notice to you.

21. Access method

We may require you to use a user name and password or other authentication or security method in order to access and use the Site. You must keep your user name and password secure at all times.

22. No Agency

Entry into this Agreement does not give rise to an agency, partnership, joint venture, employee-employer or other similar relationship.
You do not have any other authority to bind us or our related entities or affiliates in any way.

23. Liability

You are responsible for all access and use of the Site that occurs through the use of your user name and password (or other authentication or security method). Each act or omission in the course of accessing the Site is deemed to have been performed by you, regardless of whether that act or omission was undertaken by you. You accept liability for any act or omission done in respect of the Site under your user name and password (or other authentication or security method) regardless of whether the act or omission was done by you or another person.

24. Notice 

You must immediately notify us if you become aware of any suspected or actual:

  1. unauthorised activity;
  2. prohibited disclosure or use of your user name and password, or any confidential information; or
  3. existence or exploitation of any security vulnerability, weakness, or threat on the Site.

You must take all steps reasonably within your power to mitigate, prevent or stop any such conduct and provide all assistance reasonably requested by us in relation to any actions or proceedings we may take against any person for any such conduct.

25. Termination

You may terminate your account with us by providing us with 30 days written notice of your decision to terminate.

26. DISCLAIMERS

      1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTY (EITHER EXPRESS, IMPLIED OR STATUTORY) ABOUT:
  • THE SITE;
  • THE ACCURACY, VERACITY TIMELINESS OR CONTENT OF ANY INFORMATION OR DATA OR CONTENT CONTAINED ON THE SITE AND ANY OTHER ASSOCIATED WEBSITE;
  • CONTINUED ACCESS TO OR USE OF THE SITE;
  • AVAILABILITY OF THE SITE;
  • BACKUP OR BUSINESS CONTINUITY IN RESPECT OF THE SITE;
  • THE MERCHANTABILITY, FITNESS, QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF THE SITE OR INFROMATION, CONTENT OR DATA LOCATED ON THE SITE;
  • ANY SUPPLY AGREEMENTS, PANEL AGREEMENTS OR ANY GUARANTEE OF BUSINESS WITH US; OR
  • THE SITE OR INFORMATION OR CONTENT OR DATA BEING ERROR OR MALICIOUS CODE FREE, SECURE, CONFIDENTIAL OR PERFORMING AT ANY PARTICULAR STANDARD OR HAVING ANY PARTICULAR FUNCTION.
      2. WE PROVIDE THE SERVICE ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND DO NOT WARRANT THAT IT WILL BE AVAILABLE FOR USE OR AT ALL.
 

27. LIMITATION OF LIABILITY

  1. TO THE EXTENT THAT CONDITION OR WARRANTIES IMPLIED BY LAW IN RELATION TO THE PROVISION OF A SERVICE CANNOT BE EXCLUDED, OUR LIABILITY FOR ANY LOSS ARISING OUT OF A BREACH OF SUCH AN IMPLIED CONDITION OR WARRANTY IS LIMITED TO THE SUPPLY OF THE SERVICE AGAIN, OR THE COST THEREOF, AT OUR DISCRETION. ALL SUCH IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. WE ARE NOT LIABLE TO YOU IN ANY WAY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, LOSS OF REVENUE OR PROFIT, LOSS OF OPPORTUNITY, PURE ECONOMIC LOSS OR ANY DAMAGE (INCLUDING LOSS OF DATA AND/OR ANY LOSS OR DAMAGE THAT MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AS AT THE DATE OF THIS AGREEMENT AS A PROBABLE RESULT OF ANY ACT OR OMISSION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
  3. OUR TOTAL AGGREGATE LIABILITY TO YOU (IF ANY) IS LIMITED, AT OUR ELECTION, TO:
    • IN THE CASE OF THE PROVISION OF A SERVICE FOR A FEE - THE RE-SUPPLY OF THE SERVICE OR PAYMENT OF THE COST OF DOING THIS;
    • IN THE CASE OF GOODS SUPPLIED FOR A FEE – REPAIR OR REPLACEMENT OF THE GOODS, SUPPLY OF EQUIVALENT GOODS, OR PAYMENT OF THE COST OF DOING THIS; AND
    • IN ALL OTHER CASES, $1.
  4. WE ARE NOT LIABLE TO YOU OR A THIRD PARTY FOR LOSS SUFFERED BY YOU OR A THIRD PARTY CAUSED BY AN ACT OR OMISSION OF US IN RESPECT OF SECURITY OF THE SITE, OR UNAUTHORISED ACCESS TO A SERVICE, HOWEVER THAT LOSS ARISES.
  5. NOTWITHSTANDING THE PROVISIONS OF THIS CLAUSE, NOTHING IN THIS AGREEMENT SHALL LIMIT THE LIABILITY OF EITHER PARTY FOR PERSONAL INJURY, INCLUDING DEATH, ARISING FROM THE NEGLIGENCE OF IT OR ITS EMPLOYEES ACTING IN THE COURSE OF THEIR EMPLOYMENT.

28. INDEMNITY

  1. YOU INDEMNIFY US, OUR OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY CLAIM, LIABILITY, LOSS, DAMAGE, COSTS (INCLUDING THE COST OF ANY SETTLEMENT AND LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS), AND EXPENSES ARISING OUT OF OR AS A CONSEQUENCE OF A BREACH OF A TERM OF THIS AGREEMENT OR DEFAULT OR UNLAWFUL OR NEGLIGENT ACT OR OMISSION ON YOUR PART (INCLUDING IF RELEVANT YOUR OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS).
  2. WITHOUT LIMITING THE PRECEDING PARAGRAPH, YOU INDEMNIFY US, OUR OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, DAMAGE, COSTS (INCLUDING THE COST OF ANY SETTLEMENT AND LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS), AND EXPENSES INCURRED BY VIRTUE OF ANY BREACHES OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS AS A DIRECT OR INDIRECT CONSEQUENCE OF YOUR USE OF THE SITE OR ANY SOFTWARE OR OTHER INTELLECTUAL PROPERTY LICENSED TO YOU UNDER THIS AGREEMENT.
  3. THIS CLAUSE SURVIVES THE TERMINATION OF THIS AGREEMENT.

29. Jurisdiction

This Agreement is governed by the laws of New South Wales and the laws of the Commonwealth of Australia in force in New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales and relevant Federal Courts and Courts competent to hear appeals from those Courts.

30. Contact

Any notices or queries in relation to the Site or this Agreement must be directed to:

Ian Smith
United States Connect Pty Ltd
+61 2 8007 4822
info@unitedstatesconnect.com

Service Provider Terms of Use

UNITED STATES CONNECT PTY LTD – USER AGREEMENT

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR SERVICES AT www.unitedstatesconnect.com

PRIOR TO SUBSCRIBING TO THE SITE, YOU MUST READ, AGREE AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND OUR PRIVACY POLICY LOCATED AT PRIVACY POLICY

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON BELOW, AND BY YOUR CONTINUED USE OF THIS SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITION OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING WHEN IT IS MODIFIED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, PLEASE DO NOT USE THE SITE.

UNDER THIS AGREEMENT WE LIMIT OUR LIABILITY TO YOU AND YOU INDEMNIFY US AGAINST CERTAIN LOSSES WE MAY SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE

THESE TERMS AND CONDITIONS INCLUDE ALL MODIFICATIONS UP TO AND INCLUDING TODAY'S DATE.

1. Purpose

The mission of United States Connect is to provide a one-stop-shop for Australian & New Zealand exporters to access the information, advice and contacts they need to succeed in the United States.

To achieve our mission, we make services available through our Site, to provide our members with information, help our members find other professionals who may offer useful goods and services, and to meet, exchange ideas, learn, find opportunities and network with other members.

2. Agreement

This Agreement describes the terms and conditions that govern your use of the Site. This Agreement and our policies constitute the entire agreement in relation to the Site and your use of the Site. Access to this Site is subject to your acceptance of this Agreement.

3. Interpretation

A reference to this “Agreement” is a reference to the terms and conditions contained in this agreement and our policies relating to the use of the Site.

A reference to “Information” is a reference to any information on the Site. "Content" means any information or data you provide to us or other members of this Site, whether displayed on the Site or not or referenced by the Site or otherwise, and includes text, graphics, images, logos and trade marks, music, code, video, audio, photographs, ideas, concepts, techniques, urls, data, emails, forum posts and other content in any media or form.

A reference to “we”, “our” and “Company” is a reference to United States Connect Pty Ltd ACN 165 683 401 , and each of its related bodies corporate (as defined under the Corporations Act 2001 (Cth)) from time-to-time.

The references to "you" and "your" refer collectively to you, and each of your employees, agents, contractors, related bodies corporate or other third parties who access this website on your behalf and acting with your express or implied authority.

A reference to “Site” is a reference to the website located at www.unitedstatesconnect.com.

4. Modifications to this Agreement

We may at any time modify any of the terms and conditions of this Agreement and/or the terms of our policies. Unless we notify you in writing otherwise, modifications to this Agreement or our policies are effective upon being posted on this website. You agree to check this website regularly for modifications and other notices. Your continued use of the Site following a modification of this Agreement or a policy constitutes your acceptance of all modifications posted on this website. If you do not agree to a modification, you may terminate this agreement by notifying us in writing.

If, after any changes to this Agreement or any of our policies, you continue to use our Site, you will be considered to have accepted the varied terms and conditions as part of the Agreement.

5. Recommendations and endorsements

We do not validate or otherwise authenticate, certify, confirm or endorse the members of this Site, nor do we endorse the goods and services offered or provided by members, or make any guarantees as to payment of the goods or services provided by a member to another member. We have no control over the accuracy of any Content provided by a member. We are not involved, and are not responsible for disputes between members.

6. Membership

We offer Information and Content on our Site to members (services). By agreeing to the terms and conditions of this Agreement, you acknowledge that you can enter into legally binding contracts of this nature and you represent and warrant that:

- for individuals: you are 18 years or older; and

- for bodies corporate, bodies politic and other organisations: you have the right and authority to bind the entity to the terms and conditions of this Agreement.

We reserve the right to change our services and suspend, terminate or restrict your membership at any time, if we believe that it is justified on the terms of this Agreement or our policies. If we change our services, or suspend or terminate your membership, you may be prevented from accessing our services either temporarily or permanently. If your membership is suspended or terminated, you are prohibited from applying for a new membership account with us.

Your membership is not transferable. Your account (including Content you provide and any associated user identification) may not be dealt with in any way by any third parties. You must not allow third parties to use your account and you must not transfer or sell your account to a third party. As a member you are responsible for maintaining control of your account and for any activity that occurs on your account. To maintain the safety of the Site and our services, you must report any unauthorised use of your account and associated user identification to us as soon as possible after becoming aware of the unauthorised use.

7. Annual membership fee

There is an annual fee to join our Site. This fee is payable in advance. Your annual membership will be renewed automatically until cancelled. We will not refund any annual membership fee already paid in the event that your membership is cancelled or terminated. Failure to pay the annual fee will result in your membership being suspended until the annual membership fee and any applicable penalties are paid.

You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including goods and service tax which may be billed to you, if applicable).

8. Promotional

We reserve the right to waive or change our fees at any time. We may temporarily suspend or change our fees for promotional purposes and these changes will be effective for the promotional period advertised.

9. Payment

Unless otherwise stated, all fees are quoted in Australian dollars. By providing your credit card details to us, you authorise us to bill your credit card the annual fee. Depending on your location and credit card institution, you may incur additional international currency fees by your credit card institution for the amounts we deduct from your credit card.

You agree and acknowledge that it is your responsibility to provide us with your valid, non-expired credit card details for the duration of your membership. Failing to maintain a valid, non-expired credit card with us, may result in you paying interest and penalties if we are unable to deduct the annual payment of the membership fee and any other fees due and owing, during a billing attempt.

You acknowledge and agree that payments you make are made to our payment services provider (PayPal) and may be subject to terms and conditions imposed by our payment services provider. You agree that we are not responsible or liable to you in any way for any act or omission of our payment services provider.

10. Content you provide to us

Members may submit Content to us for publishing to a forum on the Site or for display on or through the Site otherwise. You retain full ownership of your Content, and may request its deletion by contacting us (except if that Content has been shared with other members, in which case we may not be able to delete it).

By submitting Content to us (or providing us with Content in some other manner), you grant to us a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, royalty-free licence to use, reproduce, adapt, amend, improve, prepare derivative works of, distribute, publish, remove, analyse and sub-licence that Content you provide, without any further consent, notice or requirement to pay you or any third parties. We may commercially exploit your Content anywhere in the world with no restrictions and without any payment to you. We may make your Content available to other members and visitors, and to third party websites including social media sites.

We may moderate (including altering and adapting it for operational or editorial reasons) your Content before it is displayed on our Site. We do not guarantee that all or any Content you submit for publishing on our Site will be published. We may take down or amend your Content at any time for any reason.

You agree and warrant that all Content you submit to us (or make available to us in some other manner) is not confidential, is not in violation of any law, this Agreement, any other contractual obligation between you and another party, or other third party rights (including any intellectual property rights), and that you are entitled to submit that Content to us.

If you believe that any Content does not comply with the requirements set out in this Agreement, is defamatory, or infringes your (or another party's) IP rights, please notify us immediately. We will then review the Content and, where appropriate (at our discretion), remove the Content within a reasonable time.

Please note that any Content you submit to us may be available to the public, and that you will be identified as the author (unless we allow anonymous posting).

We have no control over the quality, safety, accuracy or legality of Content posted by members on to the Site. We cannot guarantee that other members will or will not use the ideas and information that you share on the Site, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Site. UNITED STATES CONNECT IS NOT RESPONSIBLE FOR ANOTHER PARTY'S USE OF ANY CONTENT OR INFORMATION YOU POST ON OUR SITE.

Disclaimer: The opinions expressed within comments are those of the author and not our views or opinions. We do not endorse any comments posted on our Site.

We may make a record of all of your transactions.

11. Fraud

Without limiting any remedies available to us at law, in equity or under this Agreement, we may, in our sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government agency that you have engaged in or may engage in fraudulent activity using, or otherwise in connection with your use of our Site and you will have no claim whatsoever against us in respect of any suspension or termination of your membership under this clause 12.

12. Refunds

To the extent permitted by law, except as expressly set out in this Agreement, no refunds will be given.

13. Disputes

We are not responsible for resolving disputes between you and other members. You agree that if you have a dispute with one or more members of this Site, all disputes must be resolved between you and the relevant member(s). Under this Agreement, you acknowledge that if we are contacted by a member that claims to have a dispute with you, we can release your contact information to that member in order for the dispute between you and the member to be resolved.

You release us from all claims, demands and damages (actual and consequential) arising out of or connected with the dispute or our release of your contact information.

Any dispute you have with us should be reported to us via email at info@unitedstatesconnect.com to enable us to attempt to resolve the dispute.

14. Communications

We will send you communications and notices regarding your account on the Site. These communications are not an endorsement, guarantee or a legitimisation of your services or Content. You are responsible for your services and Content which must comply with all relevant legal obligations.

15. Unauthorised activity

You must not:
- modify, adapt, or otherwise alter the Site;
- interfere, in any way, with the listings of other members of this Site;
- provide false, misleading, deceptive or otherwise inaccurate Content;
- act fraudulently;
- engage in, any activities that may result in the price of goods and services being manipulated;
- copy, reproduce, create derivative works or publicly display any content contained in the Site (with the exception of your Content);
- infringe any third party’s copyright, patent, trade mark, trade secret, confidential information, or any other proprietary or intellectual property rights a third party may have;
- provide or facilitate another person's access to, reproduce, or otherwise make available, the Site or any part of the Site, to another person;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that will result on an unreasonable or disproportionately large load being imposed on our infrastructure;
 
Directly or indirectly link to or include descriptions of goods or services that:
- are prohibited under this Agreement;
- are listed for sale on a website that is not this Site; or
- you do not have a right to link to or otherwise include in your description of goods or services;
- list any item on our Site, if the listing is likely to cause us to violate an applicable law, statute or regulation, this Agreement or any of our policies;
- violate any applicable law, statute, regulation or other applicable law or policy (including but not limited to those governing export and import control, consumer protection, unfair competition, criminal law and the Competition and Consumer Act 2010 (Cth));
- post any Content that is prohibited, or, in our opinion, may be prohibited Content for the purposes of the Broadcasting Services Act 1992 (Cth);
 
Incorporate Content into the Site or otherwise post any Content that:
- violates or infringes any applicable law or any right of a third party (including intellectual property rights); or
- is threatening, abusive, defamatory, invasive of privacy, libellous, defamatory, vulgar, obscene, profane, or which may otherwise harass or cause distress or inconvenience to, or incite hatred of, any person;
- use any robot, spider, other automatic device or manual process to monitor or copy the Site, or content contained in the Site;
- remove, disable, defeat, or otherwise circumvent any functionality of the Site (including a requirement to use a user name and password or other authentication method, or other security protection or preventative measures against unauthorised use);
- damage, disrupt, disable or otherwise impair the operation of the Site or interfere with the use of the Site by other persons, including introduce a virus, trojan horse or other malware into the Site intended to cause damage , breach, malfunction, or other undesired effects to the Site, or carry out a denial of service attack; or
- provide misleading or deceptive or defamatory Content or feedback, and
- we may terminate your membership should you do, or we suspect you may do, any of the above.
 

16. Confidential information

Unless provided otherwise by us in writing, you must keep confidential, and not use or disclose, any of our Information (including Content obtained through the Site and your user name and password for the Site) that is marked as confidential information or which is by its nature confidential information, excluding information which is public knowledge (other than as a result of breach of confidentiality by you), is in your prior possession or that is otherwise acquired or developed by you independently of us.

Upon our written request, you must return or destroy all copies of confidential information in your custody or control.

17. Privacy

Our Privacy Policy sets out the information (including personal information) we collect, and how we use it, when you access and use this website.

18. Intellectual property

The Site includes material which may be protected by copyright, trade mark, or other intellectual property laws in Australia or elsewhere and all rights in relation to such material are owned by or licensed to us unless otherwise stated. You are not permitted to make any use of such material without our express written permission.

19. Warranty

You warrant to us that:

  1. all of the information you have provided to us in respect of this agreement is true, accurate and complete and we may rely on this information;
  2. you have made your own investigation and performed sufficient due diligence on the Site to fully inform yourself about the functions and operation of the Site and have not relied on any representations made by us or any other person in relation to the Site;
  3. you will comply with all of your obligations under all applicable laws.
  4. you will not infringe or permit or assist any other person to infringe the intellectual property rights owned by us from time to time and use your best efforts to protect and prevent such intellectual property rights from such infringement by unauthorised third parties; and

20. Authority

If you accept this Agreement, or obtain access to the Site, on behalf of an employer, client or principal, you warrant that you have the express or implied authority to accept this Agreement on that person's behalf and agree that this Agreement is also binding on that person.

21. Access

Notwithstanding your acceptance of this Agreement, we are under no obligation to provide access to the Site or guarantee its availability or operation in any form and may suspend or terminate access to the Site or make changes to the Site at any time without notice to you.

22. Access method

We may require you to use a user name and password or other authentication or security method in order to access and use the Site. You must keep your user name and password secure at all times.

23. No Agency

Entry into this Agreement does not give rise to an agency, partnership, joint venture, employee-employer or other similar relationship.
You do not have any other authority to bind us or our related entities or affiliates in any way.
 

24. Liability

You are responsible for all access and use of the Site that occurs through the use of your user name and password (or other authentication or security method). Each act or omission in the course of accessing the Site is deemed to have been performed by you, regardless of whether that act or omission was undertaken by you. You accept liability for any act or omission done in respect of the Site under your user name and password (or other authentication or security method) regardless of whether the act or omission was done by you or another person.

25. Notice 

You must immediately notify us if you become aware of any suspected or actual:

  1. unauthorised activity;
  2. prohibited disclosure or use of your user name and password, or any confidential information; or
  3. existence or exploitation of any security vulnerability, weakness, or threat on the Site.

You must take all steps reasonably within your power to mitigate, prevent or stop any such conduct and provide all assistance reasonably requested by us in relation to any actions or proceedings we may take against any person for any such conduct.

26. Termination

You may terminate your account with us by providing us with 30 days written notice of your decision to terminate.

Following our receipt of the written notice of termination, we will refund 50% of any advanced annual membership fee. If you owe us any unpaid fees at the time of terminating your membership, we will apply the 50% refund of the annual membership fee to those unpaid fees and refund you the remainder of the 50% of the annual membership fee (if any).

27. DISCLAIMERS

      1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTY (EITHER EXPRESS, IMPLIED OR STATUTORY) ABOUT:
  • THE SITE;
  • THE ACCURACY, VERACITY TIMELINESS OR CONTENT OF ANY INFORMATION OR DATA OR CONTENT CONTAINED ON THE SITE AND ANY OTHER ASSOCIATED WEBSITE;
  • CONTINUED ACCESS TO OR USE OF THE SITE;
  • AVAILABILITY OF THE SITE;
  • BACKUP OR BUSINESS CONTINUITY IN RESPECT OF THE SITE;
  • THE MERCHANTABILITY, FITNESS, QUALITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF THE SITE OR INFROMATION, CONTENT OR DATA LOCATED ON THE SITE;
  • ANY SUPPLY AGREEMENTS, PANEL AGREEMENTS OR ANY GUARANTEE OF BUSINESS WITH US; OR
  • THE SITE OR INFORMATION OR CONTENT OR DATA BEING ERROR OR MALICIOUS CODE FREE, SECURE, CONFIDENTIAL OR PERFORMING AT ANY PARTICULAR STANDARD OR HAVING ANY PARTICULAR FUNCTION.
      2. WE PROVIDE THE SERVICE ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND DO NOT WARRANT THAT IT WILL BE AVAILABLE FOR USE OR AT ALL.
 

28. LIMITATION OF LIABILITY

  1. TO THE EXTENT THAT CONDITION OR WARRANTIES IMPLIED BY LAW IN RELATION TO THE PROVISION OF A SERVICE CANNOT BE EXCLUDED, OUR LIABILITY FOR ANY LOSS ARISING OUT OF A BREACH OF SUCH AN IMPLIED CONDITION OR WARRANTY IS LIMITED TO THE SUPPLY OF THE SERVICE AGAIN, OR THE COST THEREOF, AT OUR DISCRETION. ALL SUCH IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. WE ARE NOT LIABLE TO YOU IN ANY WAY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, LOSS OF REVENUE OR PROFIT, LOSS OF OPPORTUNITY, PURE ECONOMIC LOSS OR ANY DAMAGE (INCLUDING LOSS OF DATA AND/OR ANY LOSS OR DAMAGE THAT MAY REASONABLY BE SUPPOSED TO HAVE BEEN IN THE CONTEMPLATION OF THE PARTIES AS AT THE DATE OF THIS AGREEMENT AS A PROBABLE RESULT OF ANY ACT OR OMISSION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
  3. OUR TOTAL AGGREGATE LIABILITY TO YOU (IF ANY) IS LIMITED, AT OUR ELECTION, TO:
    • IN THE CASE OF THE PROVISION OF A SERVICE FOR A FEE - THE RE-SUPPLY OF THE SERVICE OR PAYMENT OF THE COST OF DOING THIS;
    • IN THE CASE OF GOODS SUPPLIED FOR A FEE – REPAIR OR REPLACEMENT OF THE GOODS, SUPPLY OF EQUIVALENT GOODS, OR PAYMENT OF THE COST OF DOING THIS; AND
    • IN ALL OTHER CASES, $1.
  4. WE ARE NOT LIABLE TO YOU OR A THIRD PARTY FOR LOSS SUFFERED BY YOU OR A THIRD PARTY CAUSED BY AN ACT OR OMISSION OF US IN RESPECT OF SECURITY OF THE SITE, OR UNAUTHORISED ACCESS TO A SERVICE, HOWEVER THAT LOSS ARISES.
  5. NOTWITHSTANDING THE PROVISIONS OF THIS CLAUSE, NOTHING IN THIS AGREEMENT SHALL LIMIT THE LIABILITY OF EITHER PARTY FOR PERSONAL INJURY, INCLUDING DEATH, ARISING FROM THE NEGLIGENCE OF IT OR ITS EMPLOYEES ACTING IN THE COURSE OF THEIR EMPLOYMENT.

29. INDEMNITY

  1. YOU INDEMNIFY US, OUR OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY CLAIM, LIABILITY, LOSS, DAMAGE, COSTS (INCLUDING THE COST OF ANY SETTLEMENT AND LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS), AND EXPENSES ARISING OUT OF OR AS A CONSEQUENCE OF A BREACH OF A TERM OF THIS AGREEMENT OR DEFAULT OR UNLAWFUL OR NEGLIGENT ACT OR OMISSION ON YOUR PART (INCLUDING IF RELEVANT YOUR OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS).
  2. WITHOUT LIMITING THE PRECEDING PARAGRAPH, YOU INDEMNIFY US, OUR OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, DAMAGE, COSTS (INCLUDING THE COST OF ANY SETTLEMENT AND LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS), AND EXPENSES INCURRED BY VIRTUE OF ANY BREACHES OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS AS A DIRECT OR INDIRECT CONSEQUENCE OF YOUR USE OF THE SITE OR ANY SOFTWARE OR OTHER INTELLECTUAL PROPERTY LICENSED TO YOU UNDER THIS AGREEMENT.
  3. THIS CLAUSE SURVIVES THE TERMINATION OF THIS AGREEMENT.

30. Jurisdiction

This Agreement is governed by the laws of New South Wales and the laws of the Commonwealth of Australia in force in New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales and relevant Federal Courts and Courts competent to hear appeals from those Courts.

31. Contact

Any notices or queries in relation to the Site or this Agreement must be directed to:

Ian Smith
United States Connect Pty Ltd
+61 2 8007 4822
info@unitedstatesconnect.com