Terms & Conditions

Introduction

Validum Group Pty Limited, trading as Validum Institute (Validum, we, us, our), operates several websites (Websites), including but not limited to:

  • social media site(s) (Social Media Site(s)) as operated from time to time

Our Websites may include advertising, services, information, text, graphics, materials, social media forums, applications, functions and promotions (Site Content).

By using any of our Websites, you acknowledge and accept these Online Terms and Conditions (Terms and Conditions), including the Validum Privacy Policy.

Certain parts of our Main Site may function as a Social Media Site.  Any information and content you submit to a social media section of our Main Site becomes visible to other website users.  We will clearly identify any social media sections of our Main Site, or we will otherwise inform you of their public nature.

Other terms of use or conditions may apply in addition to these Terms and Conditions to your use of any of our Websites or to any products or services offered via our Online Sites. If any additional terms of use or conditions apply, we will bring them to your attention and you will be bound by them. For example, if you decide to participate in a promotional offer on a Website, you will be additionally bound by any terms and conditions for that promotional offer.  Should any term in these Terms and Conditions conflict with additional terms of use or conditions, the latter will prevail to the extent of the conflict.

Validum’s standard terms and fees and charges

Terms and conditions may apply to all products and services described in our Websites.  We may change the standard terms, fees and charges at any time without notice (where permitted by law). We may also change our products and services at any time without notice except where notice is required under any law or code in which case we will give you the required notice.  Government charges, taxes and duties may also apply.  Full details of the terms and conditions and the fees and charges are available on request.

Links to other third party sites or applications

A Website may contain links or references to other websites (including other social media websites) or applications independently owned or operated by third parties (Third Party Sites).

We are not responsible or liable for the content of Third Party Sites. You access and use Third Party Sites at your own risk and you may be subject to separate terms and information handling practices. Any links we provide are for convenience only, and do not indicate any sponsorship, endorsement or recommendation by us.

Social Media Sites
If you as a Social Media Site user submits any personal information, content or materials via a Social Media Site (for example, text, comments, recordings, images (User Content)), unless otherwise advised by us, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the User Content for any purpose in any media (including but not limited to, our company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.

You are fully responsible for any User Content you submit. As far as the law permits, we will not be liable in any way for such User Content and we will not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by you as a Social Media Site user. We may screen and/or remove and/or request that the third party operator of any Social Media Site remove any User Content without notice for any reason whatsoever.

As a Social Media Site User, you warrant and agree that:

  • you will not submit any User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other right, defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication;
  • you will obtain prior consent to the submission of your User Content from all persons who appear in (for example, in photographs) or have any rights (including moral rights) in relation to such User Content;
  • your User Content is your own original work and, to the extent that any rights in that work (including copyright) are not owned by you, you will obtain full prior consent from any person who has jointly created or has any rights in the User Content, to the uses and terms herein;
  • your User Content does not contain viruses or cause injury or harm to any person or entity or device; and
  • you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer, mobile communications device or any other communication systems.

You agree to indemnify us for any loss or expense suffered in relation to any breach of the above terms.

Website use

Our Site Content is provided solely for bona fide personal or commercial customers, or their legitimate representatives. You agree that you will not, (either yourself or through any third party):

  • use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on any of our Websites, or any Site Content contained within or accessible through any of our Websites, without our prior written permission;
  • use any Automated Process to aggregate or combine Site Content with information, content or data accessible via or sourced from any third party;
  • use any Site Content for any commercial purpose (including but not limited to market research, the provision of pricing estimates or shadow shopping) or otherwise (either directly or indirectly) for profit or gain;
  • use any device, software, process or routine to interfere or attempt to interfere with the proper working of any of our Websites or any transaction or process being conducted on or through them;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to any of our Websites;
  • reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in relation to the software underlying the infrastructure and processes associated with any of our Websites; or
  • copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our Websites without our prior written permission.

We prohibit any unauthorised linking to any part of a Website (including any part of a Social Media Site.  If you would like to link to any part of our Website, please contact us to apply for written authorisation.

Copyright and trademarks

Site Content is owned or licensed by us and is protected by copyright laws in Australia and overseas.

Except where necessary for and incidental to viewing or using the Site Content via your web-enabled browser (whether on a personal computer or on a portable electronic device), or as permitted under the Copyright Act 1968 or other applicable laws, no Site Content may be reproduced, published, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.

The Websites include trademarks which are protected by law. We reserve all copyright and other legal rights with respect to our respective trademarks, whether registered or otherwise.

Website availability

Access to any Website is offered on an “as is” and “as available” basis only, as electronic services may be subject to interruption or breakdown.

We may from time to time impose limits or restrictions on how you may use a Website.  We may also vary or withdraw a Website or Site Content at any time and without notice to you for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms and Conditions.

You agree that any cost and expense associated with accessing a Website is your responsibility and depends on the internet or telecommunications service provider you use.

Warranties

While we take reasonable steps to ensure that Site Content is free from error, to the extent permitted by law, we do not warrant the accuracy, adequacy or completeness of Site Content. All information is subject to change without notice. We do not guarantee that any Website or any Third Party Site will be free from viruses, or that access to any Website or Third Party Site will function as intended or be uninterrupted.

You must take care to ensure that whatever you use from our Website is free of viruses or anything else that may infect or damage your computer or device.  Any relevant terms implied by law, except those that cannot be lawfully excluded, are excluded.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, you agree that we, and our directors, employees, agents, contractors and related bodies corporate, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or in connection with any Site Content, User Content, Third Party Site content, third party services, or access (or lack of access) to a Website incurred by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Indemnity

You indemnify us in respect of any liability incurred by us for any loss, cost, damage or expense, howsoever caused, suffered by us as a result of your breach of these Terms and Conditions or your use of any of our Websites.

Changes to Terms and Conditions

These Terms and Conditions are current as at the date at the end of this page.

We reserve the right at any time to change or amend these Terms and Conditions.  We may make changes or amendments for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of a Website.  We will upload any changed or amended Terms and Conditions on the Website.

By using a Website after any changes or amendments, you are taken to accept the changed or amended Terms and Conditions.

Privacy

Any personal information we collect about you from a Website will be managed according to our Privacy Policy.

In addition to our Privacy Policy, there may also be additional privacy provisions that apply to your use of a Website or as a result of your membership (or your application for membership) of a third party social media website that hosts a Social Media Site. If you decide to register for or participate in a promotion or other activity, or purchase a product or service from us, you will also be bound by the relevant terms of that promotion, activity, product or service.

General

Unless otherwise expressly stated, we only offer our products and services within Australia. Some products or services may only be offered for sale or service in specific States or Territories.  The information provided in the Websites has been provided in accordance with Australian laws only and may not satisfy the laws of other countries.

The law applicable to a Website, and to any complaints about a Website is the law in force in the State of Queensland, Australia.  By using a Website, you irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia and any courts which have jurisdiction to hear appeals from such courts.

If any provision or part of these Terms and Conditions is found to be void, unenforceable or invalid, then it is severed from these Terms and Conditions, leaving the remainder in full force and effect.