This Site, the Programs and the Retreat are owned and operated by PALLADIUM PRIVATE LIMITED ACN 165 649 463 (“Palladium”). Your access to and use of the Site and Programs is subject to these Terms & Conditions. Use of the site indicates your acceptance of these Terms & Conditions. Please read them carefully before using the Site or Programs.
In these Terms & Conditions, unless inconsistent with the context or subject matter:
In order to use the Site, the Client requires the equipment and connections necessary to access the World Wide Web. Without limitation, the Client is responsible for:
(5) SYSTEM INTEGRITY & USER CONDUCT
5.1 The Client must not use the Site or to the extent applicable, the Programs or the Retreat to:
5.2 The Client acknowledges and agrees that the Client must not:
5.3 Palladium reserves the full and exclusive right to remove any offending or inappropriate material or persons from the Site without notice.
5.4 Without limiting any other clause, the Client will indemnify Palladium against any loss, damage or liability arising from or connected to the unauthorised use of the Site by the Client or any breach by the Client or of any of the matters set out in this clause.
(6) LINKS & ADVERTISING
(7) GENERAL MAINTENANCE AND TECHNICAL SUPPORT
(8) ENQUIRIES AND BOOKINGS
9.1 Palladium does not warrant that:
9.2 The Client warrants to Palladium that at the time of entering the Site, the Client was not relying on any representation made by Palladium.
9.3 Except as expressly provided to the contrary, and to the extent permitted by law, Palladium makes no representations or warranties of any kind, express or implied as to the operation of the Client’s access to or the results of the Client’s access to the Site or the Programs (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site or the Programs.
The Client acknowledges that:
(11) LIMITATION OF LIABILITY
11.1 Where the law implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of Palladium, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which the Client may sustain shall be limited, at the option of Palladium, to:
11.2 The Client releases Palladium and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if Palladium has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
11.3 Without limiting Clause 10.2, the Client releases Palladium from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Site or any part of it, whether or not caused by any negligent act or omission including but not limited to:
The Client agrees to indemnify and hold harmless Palladium, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with the Client’s use of the Site or the Client’s failure to comply with these Terms & Conditions or from the Client’s violation of any applicable law.
(13) OWNERSHIP OF INTELLECTUAL PROPERTY
13.1 The Client acknowledges and agrees that Palladium owns the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to the Client other than the rights granted expressly by these Terms & Conditions.
13.2 The Client must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as its own.
13.2 The Client undertakes not to take or permit or omit any action which would or might:
14.1 Palladium is committed to maintaining the privacy and confidentiality of personal information and believes that the responsible use of personal information collected is critical to its business objectives and reputation.
15.1 Without limiting the generality of any other provision in these Terms & Conditions, Palladium may terminate these Terms & Conditions and/or a Client’s use of or access to the Site immediately if the Client breaches any provision of these Terms & Conditions and seven (7) days has lapsed since the Client was served with a written notice that states how the breach can be remedied and the breach has not been remedied.
15.2 Notwithstanding sub clause 14.1, Palladium may, by written notice to the Client, immediately terminate these Terms & Conditions:
15.3 In addition to the rights set out above, these Terms & Conditions may be terminated by written agreement of both parties.
15.4 The rights and remedies of each party contained in this clause are in addition to any other rights and remedies by law or under these Terms & Conditions.
(16) EFFECT OF EXPIRY OR TERMINATION
(17) GENERAL PROVISIONS
17.1 Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
17.2 Palladium may from time to time amend, update, or change the Programs or the Site, including these Terms & Conditions, without prior notice.
17.3 These Terms & Conditions constitute the entire agreement between the Client and Palladium with respect to this Site, and the Terms & Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
17.4 No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms & Conditions or constitutes any collateral agreement, warranty or understanding.
17.5 If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.
17.6 The failure by Palladium to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of Palladium in respect of any existing or subsequent breach of these Terms & Conditions.
17.7 No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.
17.8 The law of Queensland, Australia govern these Terms & Conditions. The Client hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.
17.9 Palladium operates the Site and Programs in Australia. Information contained on the Site or Programs may not be appropriate or available for use in other locations. If the Client accesses the Site or Programs from other locations, the Client do so at the Client’s own initiative and the Client are solely responsible for compliance with local laws.
17.10 These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
17.11 The rights and remedies of a party to these Terms & Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
17.12 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
17.13 Any notice or demand in writing required to be given by Palladium to the Client shall be sufficiently served if served personally or by pre-paid mail to the Client’s address, sent in electronic form by email to the Client’s email address or published by notice on the Site. The Client consents to receipt of notices by electronic means.