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Website Terms of Use

1.1 INTRODUCTION

The Terms of Use of the Asteroid website include which form the Terms of Use and any other policies and terms and conditions that appear in or are linked to the Asteroid website (“Additional Terms and Conditions”). The words 'we' 'us' and 'Asteroid' means Asteroid of Australia of ABN 44 634 752 499/002. The words 'you' and 'your' refer to users of this website who may be Asteroid Independent Business Affiliates, Clients, Claimants, prospects or members of the public.

1.2 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

Please read and familiarise yourself with these Terms of Use before you use this Asteroid website. By using this website, you expressly agree to these Terms of Use as they are amended from time to time and you agree have read and understood them. If you do not want to agree to these Terms of Use, you must not access or use this website.

Any additional Policies, Terms and Conditions that appear on the Asteroid website will govern your use of, and access to, certain services and sections of the Asteroid website. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Asteroid website.

We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our website and are effective immediately. The date of the newest version is posted below. Please check these Terms frequently, especially before you use our website, to see if these Terms have changed. Continued use of the Site website after any changes to the Terms constitutes your consent and agreement to the changed Terms.

We reserve the right to withdraw or amend this website, and any service or material we provide on this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users.

If you are an Asteroid Independent BlockClaim™ Affiliate (IBA), you are also subject to the IBA Rules of Conduct. You should read and familiarise yourself with these Rules of Conduct here.

1.3 INTENDED USE

We make no claim that the information contained on this site is appropriate or may be downloaded legally outside Australia. If you access this website from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction.

This site is a business and commercial site, it is not intended for persons under the age of 18. If you are under 18, you should speak to your parents or your guardian and obtain their permission to use this site.

1.4 UPDATE OF PERSONAL DETAILS

You agree that any information you provide to us will be true, accurate, current and complete and does not violate any third party’s intellectual property rights and that you will maintain and properly update your personal profile as required by Asteroid.

1.5 LIMITATION OF LIABILITY

The website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory.

By provision of the site and the information, materials and services contained herein we do not provide professional advice or services. All tips and hints, suggestions and references to 'remedies' should not be relied upon without reservation; you should not act on the basis of anything contained on this website without first obtaining specific professional advice.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items obtained through the website is at your own risk.

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with;

(1) use of this site, or the inability to use this site by any party; or

(2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or

(3) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

To the extent permitted by law, in no event will the aggregate liability of Asteroid and its affiliates and their employees, agents or contractors exceed the greater of two hundred Australian Dollars ($200).

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

1.6 INTELLECTUAL PROPERTY

The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of Asteroid Australia Pty Ltd; its related companies and affiliates, or any of its outside manufacturers, vendors, publishers, or other third parties and are protected by copyright, trade mark and other intellectual property laws. There may be other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, and company names, indicated on this website that are the property of their respective owners.

Any such content may be displayed and printed solely for your personal use or for use within your business subject to the IBA Rules of Conduct and provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Asteroid.

Save for the above, and unless expressly granted, Asteroid does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Asteroid website or in the user interface of the Asteroid website.

1.7 THIRD PARTY WEBSITES

This Asteroid website may contain links to other Internet Sites such as Affiliate sites, IBA Support System or other affiliated sites, and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that Asteroid endorses or accepts any responsibility for the content, use, or products and services made available through those websites. By utilising the links, you acknowledge and agree that Asteroid is not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that Asteroid is not responsible either directly or indirectly for any damage or loss caused by use of, or reliance on, linked sites.

1.8 RESTRICTIONS

You may use the Website only for lawful purposes and in accordance with these Terms of Use. The following is a non-inclusive list of behaviours that are not permitted on the Site. You agree not to:

  • upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted, transmitted, or otherwise made available through the website;
  • upload, post, or otherwise transmit any content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, or otherwise transmit any content or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  • upload, post, or otherwise transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, "chain letters," or any other practice that is in any way connected with "spam," such as; (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
  • upload, post, or otherwise transmit any material that contains software viruses, trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
  • interfere with or disrupt the website, servers, or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website;
  • "stalk" or otherwise harass another;
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
  • offer for sale or sell any item, good, or service through the website;
  • use the website as a forwarding service to another website;
  • allow usage by others in such a way as to violate these Terms of Use or any other Asteroid policy;
  • take any steps to interfere with or in any manner compromise any of our security measures;
  • use the site for fraudulent purposes;
  • harvest or collect any information about or regarding other account holders, including, without limitation, any personal data or information;
  • sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of any third-party website or service;
  • copy the website or any portion thereof (other than as provided under relevant copyright laws);
  • remove any proprietary notices from the website; cause, permit, or authorize the modification, creation of derivative works, or translation of the website without our express permission;
  • sell, assign, rent, lease, act as a service bureau, or grant rights in the website

including, without limitation, through sublicense, to any other person or entity;

  • attempt to decompile, reverse engineer, disassemble, modify, or hack the website or

to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the website and/or data transmitted, processed, or stored by us or the website;

  • use the website in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).

1.9 JURISDICTION

These Website Terms of Use and Additional Terms are governed by and construed in accordance with the laws of Australia. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal courts of Australia, in each case located in the state of Western Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

1.10 WEB SECURITY

We understand that when shopping on the Internet, security is of paramount importance to you. We take all reasonable precautions to protect your online transactions have been taken so that you can have as safe and secure a shopping experience as can be reasonably provided.

Asteroid uses industry standard security measures to safeguard and protect your information. This includes taking reasonable steps to ensure your personal information is protected from misuse, loss, unauthorized access, modification or disclosure.

When you enter the secure areas of the Asteroid website you will see a padlock symbol in the right-hand corner of your screen. This indicates that the screen is in secure mode and any details you provide on this screen will be encrypted for your security.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

1.11 USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product reviews or comments, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our [respective] licensees, successors, and assigns. All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Asteroid, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

1.12 WE USE COOKIES TO MAKE YOUR CUSTOMER JOURNEY EASIER

‘Cookies’ are unique identifiers that we transfer to your device to enable our systems to capture information when your device is used to access online content. We use cookies to ensure a more streamlined online experience, to identify and store your personal preferences without the need for you to save them and provide you with appropriate and relevant promotions. We may use temporary (session) cookies or permanent cookies when you access our website, which allows us to recognize your browser and track the web pages you have visited.

Asteroid uses cookies to provide features such as:

  • - Recognizing you when you sign-in to use our services. This allows us to provide you with product recommendations, display personalized content, recognize you as an Asteroid IBA, customer, or claimant enable you to use single click purchasing, and provide other customized features and services.
  • - Personalized advertisements.
  • - Keeping track of items stored in your shopping basket.
  • - Preventing fraudulent activity.
  • - Improving security.
  • - Reporting. This allows us to measure and analyze the performance of our services.
  • - You manage, delete or switch off cookies by adjusting the settings on your web browser.

1.13 INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Asteroid, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

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