Terms and Conditions

TERMS OF USE AND SERVICE

THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE, PROVIDED BY ERVA.

BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGEMENT AND AGREEMENT TO THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES COME INTO EFFECT CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE CHANGES.

PLEASE REVIEW THESE TERMS OF USE BEFORE EACH USE TO CHECK FOR CHANGES.

ACCESSING THE WEBSITE

TO ACCESS THIS WEBSITE OR SOME OF THE RESOURCES IT OFFERS, YOU MAY BE ASKED TO PROVIDE CERTAIN REGISTRATION DETAILS OR OTHER INFORMATION. IT IS A CONDITION OF YOUR USE OF THIS WEBSITE THAT ALL THE INFORMATION YOU PROVIDE WILL BE CORRECT, CURRENT, AND COMPLETE. SUPPOSE THE COMPANY BELIEVES THAT THE INFORMATION YOU PROVIDE IS NOT CORRECT, CURRENT, OR COMPLETE. IN THAT CASE, WE HAVE THE RIGHT TO REFUSE YOUR ACCESS TO THIS WEBSITE OR ANY OF ITS SERVICES AND TO TERMINATE OR SUSPEND YOUR ACCESS AT ANY TIME WITHOUT NOTICE.

RESTRICTIONS OF USE:

YOU MAY USE THIS WEBSITE FOR PURPOSES EXPRESSLY PERMITTED BY ERVA. YOU MAY NOT USE IT FOR ANY OTHER PURPOSE, INCLUDING COMMERCIAL PURPOSES, WITHOUT THE EXPRESS WRITTEN CONSENT FOR OUR COMPANY. FOR EXAMPLE, YOU MAY NOT (AND MAY NOT AUTHORIZE ANY OTHER PARTY TO)

(I) CO-BRAND OUR COMPANY, OR 

(II) FRAME THIS SITE, OR

(III) HYPERLINK TO THIS SITE, 

WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF AN AUTHORIZED REPRESENTATIVE OF OUR COMPANY. FOR PURPOSES OF THESE TERMS OF USE, “CO-BRANDING” MEANS TO DISPLAY A NAME, LOGO, TRADEMARK, OR OTHER MEANS OF ATTRIBUTION OR IDENTIFICATION OF A PARTY IN SUCH A MANNER AS IS REASONABLY LIKELY TO GIVE A USER THE IMPRESSION THAT SUCH PARTY HAS THE RIGHT TO EXPORT, PUBLISH, OR DISTRIBUTE THIS WEBSITE OR CONTENT ACCESSIBLE THROUGH THIS WEBSITE.

YOU AGREE TO COOPERATE WITH THE COMPANY IN CAUSING ANY UNAUTHORIZED CO-BRANDING, FRAMING, OR HYPER-INKING TO CEASE.

OWNERSHIP OF INFORMATION:

THE MATERIAL AND CONTENT (HEREINAFTER REFERRED TO AS THE “CONTENT”) ACCESSIBLE FROM THIS WEBSITE AND ANY OTHER WEBSITES OWNED, LICENSED, OR CONTROLLED BY ERVA IS OWNED BY ERVA. ERVA OR THE PARTY SUBMITTED THE CONTENT RETAINS ALL RIGHTS, TITLES, AND INTEREST IN THE CONTENT. ACCORDINGLY, THE CONTENT MAY NOT BE COPIED, DISTRIBUTED, REPUBLISHED, UPLOADED, POSTED, OR TRANSMITTED IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF ERVA OR UNLESS YOU ARE AUTHORIZED IN WRITING TO DO SO BY OUR COMPANY, EXCEPT THAT YOU MAY PRINT OUT A COPY FOR YOUR PERSONAL USE ONLY. IN DOING SO, YOU MAY NOT REMOVE, ALTER, OR CAUSE TO BE REMOVED OR ALTERED ANY COPYRIGHT, TRADEMARK, TRADE NAME, SERVICE MARK, OR ANY OTHER PROPRIETARY NOTICE ON THE CONTENT. MODIFICATION OR USE OF THE CONTENT IN ANY MANNER OTHER THAN AS EXPRESSLY PROVIDED IN THESE TERMS OF USE VIOLATES OUR COMPANY’S INTELLECTUAL PROPERTY RIGHTS. NEITHER AUTHORSHIP NOR INTELLECTUAL PROPERTY RIGHTS ARE DISCLOSED TO YOU BY ACCESSING THIS WEBSITE.

HYPERLINKS

THIS WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT BLOCKED BY OR RELATED TO OUR COMPANY. HYPERLINKS TO SUCH SITES ARE PROVIDED AS A SERVICE TO USERS AND ARE NOT AFFILIATED WITH THIS WEBSITE OR OUR COMPANY. OUR COMPANY HAS NOT REVIEWED ANY OR ALL OF SUCH WEBSITES AND IS NOT RESPONSIBLE FOR THE CONTENT OF THOSE WEBITES. ACCESSING THESE HYPERLINKS IS AT THE USER’S OWN RISK, AND OUR COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THESE HYPERLINKS OR THE WEBSITES HYPERLINKS TO THEM. FURTHER, THE INCLUSION OR ANY HYPERLINK TO A THIRD-PARTY SITE DOES NOT NECESSARILY IMPLY ENDORSEMENT BY OUR COMPANY OF THAT SITE.

SUBMISSIONS

YOU HEREBY GRANT TO OUR COMPANY THE ROYALTY-FREE, PERPETUAL, IRREVOCABLE, WORLDWIDE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND EXPORT ALL CONTENT, REMARKS, SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER INFORMATION COMMUNICATED TO OUR COMPANY THROUGH THIS SITE (TOGHETHER, HEREINAFTER REFERRED TO AS THE “SUBMISSIONS”), AND TO INCORPORATE ANY SUBMISSION IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED. OUR COMPANY WILL NOT BE REQUIRED TO TREAT ANY SUBMISSION AS CONFIDENTIAL. IT MAY USE ANY SUBMISSION IN ITS BUSINESS (INCLUDING, WITHOUT LIMITATION, FOR PRODUCTS OR ADVERTISING) WITHOUT INCURRING ANY LIABILITY FOR ROYALTIES. IT WILL NOT BE LIABLE FOR ANY SIMILARITIES THAT MAY APPEAR IN FUTURE COMPANY OPERATIONS.

DISCLAIMER

YOU UNDERSTAND THAT OUR COMPANY CAN NOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY OF DATA ENTRY AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. OUR COMPANY ASSUMES NO RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.

THE CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE AND SHOULD NOT BE USED TO REPLACE ANY REPORTS, STATEMENTS OR NOTICES GIVEN BY THE COMPANY. INVESTORS, CONTRIBUTORS AND OTHERS SHOULD USE THE CONTENT IN THE SAME MANNER AS ANY OTHER EDUCATIONAL ENVIRONMENT AND SHOULD NOT RELY SOLELY ON THE CONTENT TO THE EXCLUSION OF THEIR PROFESSIONAL JUDGMENT. INFORMATION OBTAINED THROUGH THIS SITE’S USE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL ISSUES, TOPICS OR FACTS THAT MAY BE RELEVANT TO YOUR OBJECTIVES.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OUR COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE COMPONENTS. OUR COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

ALL INFORMATION ON THIS SITE, WHETHER HISTORICAL OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE IT IS POSTED ON THE SITE, AND THE COMPANY UNDERTAKES NO OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THIS SITE IF IT IS NOT (ANY LONGER) ACCURATE OR COMPLETE.

LIMITATION OF LIABILITY

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY THIRD PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF  $ 100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNIF

YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICNSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYESS, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE INDEMNIFIED PARTIES) FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL LOSSES, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION CONTAINED ON THIS WEBSITE.

TRADEMARKS

TRADEMARKS AND LOGOS APPEARING ON THIS WEBSITE ARE THE PROPERTY OF THE COMPANY OR THE PARTY THAT MADE THEM AVAILABLE TO THE COMPANY. THE COMPANY AND THE PARTIES THAT MADE THE TRADEMARKS AND LOGOS AVAILABLE RETAIN ALL RIGHTS TO THEM.

USER-PROVIDED INFORMATION

YOU MAY NOT POST, UPLOAD, SUBMIT, OR LINK TO THIS WEBSITE ANY MATERIAL THAT:

YOU DO NOT HAVE THE RIGHT TO POST, INCLUDING PROPRIETARY MARETIAL OF ANY THIRD PARTY;

ADVOCATES ILLEGAL ACTIVITY OR DISCUSSES AN INTENT TO COMMIT AN ILLEGAL ACT;

IS VULGAR, OBSCENE, PORNOGRAPHIC, OR INDECENT;

DOES NOT DIRECTLY PERTAIN TO THIS WEBSITE;

MAY THREATEN OR INSULT OTHERS, DEFAME, SLANDER, INVADE PRIVACY, STALK, BE OBSCENE, PORNOGRAPHIC, RACIST, HARASS, OR OTHERWISE OFFENSIVE;

SEEKS TO EXPLOIT OR HARM CHILDREN BY EXPOSING THEM TO INAPPROPRIATE CONTENT, ASKING FOR PERSONAL INFORMATION, OR OTHERWISE;

INFRINGES ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING VIOLATIONS OF COPYRIGHT, TRADEMARK, OR PUBLICITY RIGHTS;

VIOLATES ANY LAW OR COULD BE CONSIDERED TO VIOLATE ANY LAW;

IMPERSONATES OR MISREPRESENTS YOUR CONNECTION TO ANY ENTITY OR PERSON; OR OTHERWISE MANIPULATES HEADERS OR IDENTIFIERS TO DISGUISE THE ORIGIN OF THE CONTENT;

PROMOTES ANY COMMERCIAL ENTERPRISE (E.G., OFFERING FOR SALE PRODUCTS OR SERVICES) OR OTHERWISE ENGAGES IN ANY COMMERCIAL ACTIVITY (E.G, OFFERING FOR SALE PRODUCTS OR SERVICES) OR OTHERWISE ENGAGES IN ANY COMMERCIAL ACTIVITY (E.G, CONDUCTING SWEEPSTAKES OR CONTESTS, DISPLAYING SPONSORSHIPS BANNERS, AND/OR SOLICITING GOODS OR SERVICES) EXCEPT AS SPECIFICALLY AUTHORIZED ON THIS WEBSITE;

SOLICITS FUNDS, ADVERTISING, OR SPONSORSHIP;

INCLUDES PROGRAMS THAT CONTAIN VIRUSES, WORMS, AND/OR TROJAN HORSES OR ANY OTHER COMPUTER CODE, FILES, OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY, OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS;

DISTUPTS THE NORMAL FLOW OF DIALOGUE, CAUSES A SCREEN TO “SCROLL” FASTER THAN OTHER USERS ARE ABLE TO TYPE, OR OTHERWISE ACT IN  A WAY THAT AFFECTS OTHER PEOPLE’S ABILITY TO ENGAGE IN REAL TIME ACTIVITIES ON THIS WEBSITE;

INCLUDES FILES IN MP3 FORMAT;

VIOLATES ANY POLICY OR RULES ESTABLISHED FROM TIME TO TIME REGARDING USE OF THIS SITE OR ANY NETWORKS CONNECTED TO IT; OR,

CONTAINS HYPERLINKS TO WEBSITES THAT CONTAIN CONTENT THAT FALLS WITHIN THE DESCRIPTIONS ABOVE.

ALTHOUGH UNDER NO OBLIGATION TO DO SO, OUR COMPANY RESERVES THE RIGHT TO MONITOR USE OF THIS WEBSITE TO DETERMINE COMPLIANCE WITH THESE TERMS OF USE, AS WEL AS TO REMOVE OR REFUSE ANY INFORMATIONS FOR ANY REASON. IN ANY EVENT, YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF YOUR SUBMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY THIRD PARTY THAT PROVIDES CONTENT TO THE COMPANY WILL HAVE ANY LIABILITY FOR ANY ACTION OR INACTION BY THE COMPANY OR SUCH THIRD PARTY WITH RESPECT TOO ANY SUBMISSION.

SECURITY

ANY PASSWORDS USED FOR THIS SITE ARE FOR INDIVIDUAL USE ONLY. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR PASSWORD (IF ANY). THE COMPANY SHALL HAVE THE RIGHT TO MONITOR THE SECURITY OF YOUR PASSWORD AND, AT ITS DISCRETIONS, MAY REQUIRE YOU TO CHANGE IT. IF YOU USE ANY PASSWORD THAT THE COMPANY CONSIDERS INSECURE, THE COMPANY SHALL HAVE THE RIGHT TO REQUIRE THE PASSWORD TO BE CHANGED AND/OR TERMINATE YOUR ACCOUNT.

YOU MAY NOT USE ANY SERVICES OF FACILITIES PROVIDED IN CONNECTION WITH THIS SITE TO COMPROMISE SECURITY OR TAMPER WITH SYSTEM RESOURCES AND/OR ACCOUNTS. THE USE OR DISTRIBUTION OF TOOLS DESIGNED FOR COMPROMISSING SECURITY (E.G., PASSWORD GUESSING PROGRAMS, CRACKING TOOLS, OR NETWORK PROBING TOOLS) IS STRICTLY PROHIBITED. IF YOU BECOME INVOLVED IN ANY VIOLATION OF SYSTEM SECUTIRY, THE COMPANY RESERVES THE RIGHT TO RELEASE YOUR DETAILS TO SYSTEM ADMINISTRATORS AT OTHER SITES IN ORDER TO ASSIST THEM IN RESOLVING SECURITY INCIDENTS. THE COMPANY RESERVES THE RIGHT TO INVESTIGATE SUSPECTED VIOLATIONS OF THESE TERMS OF USE.

THE COMPANY RESERVES THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING THAT THE COMPANY DISCLOSE THE IDENTITY OF ANYONE POSTING ANY E-MAIL, MESSAGE, OR OTHERWISE MAKING AVAILABLE ANY MATERIALS THAT ARE BELIEVED TO VIOLATE THESE TERMS OF USE.

BY ACCEPTING THIS AGREEMENT, YOU RELEASE THE COMPANY FROM ANY AND ALL LIABILITIES RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A RESULT OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. 

ERVA| ABN: 94.969.565.965
Contact: marketing@erva.com.au