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Indigo Website Terms & Conditions of use

Terms of Use

Welcome to the indigo.com.au website ("the Site"). This Site is operated and owned by Indigo Cloud Pty Ltd (ABN 43 159 827 193) ("Indigo"). Your access to and use of the Site is conditional on acceptance of these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.

GENERAL TERMS & CONDITIONS

  1. Access

      1. In order to use this Site, you need the equipment and connections necessary to access the World Wide Web. You are responsible for:

        1. the provision of any such connection or access to the World Wide Web;

        2. the payment of any fees associated with such connection or access (such as those charged by an Internet service provider or other online service); and

        3. the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.

      2. Indigo reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Indigo believes, in its sole discretion:

        1. violates any term or provision of these Terms and Conditions; or

        2. violates the rights of Indigo or third parties; or

        3. is otherwise inappropriate for continued access and use of the Site.

  2. System Integrity & User Conduct

      1. You must not use the Site to:

        1. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;

        2. post, disclose or transmit any material that is defamatory, obscene, misleading or deceptive, or which infringes Indigo’s or any third party’s intellectual property or breaches any duty of confidence or contractual obligation owed to Indigo or any third party;

        3. send junk, obscene, indecent, offensive or threatening electronic mail or “spam” to any person or company;

        4. falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;

        5. conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;

        6. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

        7. attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;

        8. commit forgery (or attempted forgery), harass any individual, or harm minors in any way;

        9. collect, store, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses; or

        10. breach the Privacy Act 1988 as amended, or the Australian Privacy Principles, or contravene or breach any other applicable state, Commonwealth or international law, convention or regulation.

      2. You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Site. You agree to notify Indigo immediately of any unauthorised use of your password or any other breach of security.

  3. Privacy Policy

  4. Indigo’s Privacy Policy forms part of these Terms and Conditions.

  1. Links & Advertising

      1. This Site may contain links to third party websites. Those sites are not under the control of Indigo and Indigo is not responsible for the content or the links contained in those sites. Neither Indigo nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.

      2. The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Indigo nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.

  2. Disclaimer of Warranties & Limitation of Liability

      1. Subject only to 5.1(b) below:

        1. This Site is provided by Indigo on an “as is” basis without any express or implied warranty of any kind;

        2. The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

        3. Indigo does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;

        4. Indigo does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Site;

        5. Indigo may change any of the material on the Site at any time without notice;

        6. Indigo makes no commitment to update any material on the Site;

        7. You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;

        8. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site;

        9. Neither Indigo nor any of its officers, directors, employees, agents or related bodies corporate shall be liable 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 the material or information available on or accessible through the Site, even if Indigo has been advised of the likelihood of such damages.

      2. Where the laws of any country or state in which these terms and conditions are effective implies into, or expressly includes in, these terms and conditions any term, condition, guarantee or warranty, and those laws avoid or prohibit provisions in a contract restricting, excluding or modifying them, then the term, condition, guarantee or warranty shall be deemed to be included in these terms and conditions provided that the liability of Indigo, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition, guarantee or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of Indigo, to:

        1. in the case of services, the supply of the services again, or the payment of having the services resupplied and

        2. in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.

  3. Indemnification

  4. You agree to indemnify, defend, and hold harmless Indigo, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers’ fees) arising from your use of the Site or your failure to comply with these terms and conditions, or from your violation of any applicable law.

  1. Intellectual Property Rights

      1. The information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) is protected by copyright, trade mark and other intellectual property laws.

      2. You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content except as expressly provided in these Terms and Conditions or as permitted by the Copyright Act.

      3. Indigo’s logo and name are the trade marks of Indigo, and may not be used as part of your business or in connection with any goods or services without the prior written consent of Indigo.

  2. General

      1. Indigo may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.

      2. Indigo shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Indigo, including any form of technological failure or the actions of third parties.

      3. These Terms and Conditions constitute the entire agreement between you and Indigo with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.

      4. If any provision of these Terms and 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 nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

      5. The failure by Indigo to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Indigo in respect of any existing or subsequent breach of these Terms and Conditions.

      6. The laws of New South Wales, Australia govern these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms and Conditions.

      7. Indigo operates the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.

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