Terms and Conditions
Huegin Consulting Group Pty Limited is the owner of this site.
Your use of this website indicates your acceptance of these Terms and Conditions.
This agreement is made between you ("You") as the user ("User") and Huegin Consulting Group Pty Limited ACN 128904469 (“Huegin”) and constitutes the Terms and Conditions in respect of your access and use of the Conduit web site (https://conduit.huegin.com.au) (the “Site”) and the use of publications, information, surveys and online forums (“the Content” and "the Services") available to users of the Site.
1. Use of the Site and Fees
1.1. You are permitted to access and use the Site for the purpose of obtaining information about Huegin and the services it provides, for accessing information published by Huegin on the Site and for providing comments and input on specified forums on specified subjects on the Site.
2. User Name and Password
2.1. When you request registration, Huegin will automatically confirm your login details ("Username" and "Password") by sending an email to the address you provided during registration.
2.2. You may change the Password at any time using the facility provided on the Site. You must immediately notify Huegin of any Password which is lost, inoperable or used in an unauthorised manner.
2.3. You are responsible for exclusive use of the site using your Username and Password, whether or not the use is made by you or by someone else using your Username and Password. You are responsible for protecting and securing your Password from unauthorised use and you should not divulge your Password to a third party.
2.4. Huegin will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password.
3. Links from the Site and Advertising
4.1. The records of all activities you undertake or record using the Site will remain strictly confidential and will only be disclosed to Huegin employees and contractors for the purposes of evaluating the needs of Huegin’s customers, tailoring the content of the Site appropriately and providing services to you. We do not disclose any information to third parties.
5. Duration, Expiration, Termination of Agreement and Refunds and Returns
5.1. This agreement will continue until either You or Huegin terminate it. Either party may terminate the agreement at any time by sending notice of termination to the other party. On termination, you will cease to be an authorised User of the Site and the Services.
5.2. In addition to the parties’ right to terminate under clause 5.1 above, if Huegin has reason to believe that any information You have supplied is not accurate, or if it considers that You have breached this agreement it may terminate this agreement immediately and You will cease to be an authorized User of the Site and the Services.
5.3. Huegin may use its discretion with regard to refunds of any payments made in the event of termination but will not in any event be obliged to refund any amounts paid by You in respect of the Services, the Site or these Terms and Conditions if the Services or Your licence to use the Site is terminated under clause 5.2.
6. Intellectual Property
6.1. Intellectual property in the Site, the Content and the Services is owned by or licensed to Huegin unless otherwise indicated.
6.2. All copying, downloading, reproduction, distribution adaptation, modification or communication of the Site or any Content is prohibited except with the express written permission of Huegin.
6.3. The Site contains trademarks which are registered or otherwise protected by law. These include the Huegin name and logo and the logos of various Huegin products and the trademarks of third parties. The User is not permitted to use these trademarks without the written permission of the trademark owner.
6.4. The User acknowledges that a breach of these Terms and Conditions may infringe not only the rights of Huegin, but also the rights of third parties whose intellectual property is licensed to Huegin. Without limiting any other provision of these Terms and Conditions, the User agrees to fully indemnify Huegin in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of the User's breach of these Terms and Conditions.
7. Discussion Forums and Content Submissions
7.1. The Site may contain discussion groups, forums, bulletin boards and other facilities for exchange of information with other users of the Site ("Forums"). In using, and contributing material to such Forums, the User must comply with these Terms and Conditions and all policies, guidelines and directions published by Huegin.
7.2. Huegin is not responsible for the accuracy, completeness or suitability of any information provided by Users of the Site, and excludes all liability for any reliance or decisions made based on such information. The User agrees to exercise their own judgement in obtaining or using information from the Site, including ascertaining the validity of information.
7.3. Huegin does not and cannot review all communications and content posted to or created by users accessing the Site and excludes all liability in respect of the content of these communications and materials. If the User has a complaint regarding any material displayed in a Forum or otherwise communicated through the Site, Huegin’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove content.
8. Submitted Material
8.2. In using the Site in general and in particular any Forum, You must not:
- (a) use this Site for any purpose or in any way that is unlawful;>
- (b) engage in marketing or commercial promotion of products or services;
- (c) impersonate or falsely claim to represent a person or organisation;
- (d) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- (e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person; or
- (f) post, link to, or otherwise distribute any information, material or item which contains a virus, Trojan horse, worm or other harmful or disruptive component.
8.3. Without limiting the disclaimers set out in clause 9, Huegin reserves the right to block or remove communications or materials that it considers are or may be:
- (a) abusive, defamatory, or obscene;
- (b) fraudulent, deceptive, or misleading;
- (c) in violation of a copyright, trademark or; other intellectual property right of another;
- (d) in violation of any law or regulation; or
- (e) offensive or otherwise unacceptable to Huegin in its sole discretion.
9. Liability, Warranties and Disclaimer - Huegin
9.1. The Site, the Services, the Content and other material contained in this site, whether visual, written or audible ("content") is offered 'as is' and Huegin makes no representations or warranties of any kind concerning the Site, expressed, implied, statutory or otherwise.
9.2. Site Content is subject to change at any time without notice. The Site and the Services are provided for industry education, knowledge and training purposes only and are not intended as a substitute for professional and personalised advice.
9.3. Huegin uses reasonable endeavour to provide current and accurate Content, however the Site and the Content may contain errors. Huegin does not represent that the Content is current, accurate or complete, or that it is appropriate for the Users’ specific requirements. Huegin does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Site or any web site linked from it.
9.4. Although reasonable efforts are made by Huegin to ensure the integrity of the Site, Huegin cannot guarantee the safety of computer systems of site users. Huegin does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Site. The User acknowledges that the User enter and uses the Site at their own risk.
9.5. The liability of Huegin and its related bodies corporate for any loss, damage, loss, claim or expense arising out of or in connection with these terms, the use of the Site, or the Services, will be limited for an aggregate of all claims equal to the fees for the services paid by the user to Huegin, in the 12 months prior to the current claim arising, or if no fees have been paid, then to $2,000.
9.6. Huegin and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these Terms and Conditions, the Site, or the Services.
9.7. Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred on the User by any applicable law in their country of residence that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Huegin for a breach of such non excludable condition or warranty is limited, at Huegin’s option, to:
- (a) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
- (b) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
10. Indemnity - User
10.1. The User fully indemnifies Huegin in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- (a) any breach of these Terms and Conditions by the User;
- (b) the use of the Site;
- (c) the accuracy of any information submitted by the User to the Site;
- (d) without limiting the foregoing, any claim that the use of the Site or any Submitted Material communicated by the User infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
11.1. These Terms are governed by and must be construed in accordance with the laws of Australia and New Zealand. The parties submit to the exclusive jurisdiction of the courts of Australia and New Zealand in respect of all matters arising out of or relating to these terms, their performance and subject matter.
12.1. You may serve a notice on Huegin for the purposes of this agreement by sending an e-mail to email@example.com. Huegin may serve a notice on you by sending it to your email address. Notices will be deemed to have been served one hour after transmission by email.
13.1. Huegin may add remove or change the provisions of this agreement and the Terms and Conditions from time to time. All changes will be notified to you by being posted on the Site. Changes will come into effect immediately on being posted and You will be deemed to have accepted them if you continue to access the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above.
13.2. Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms and Conditions.
13.3. The failure of either party to insist upon a strict performance of any of these Terms and Conditions will not be deemed a waiver of any subsequent breach or default in these Terms and Conditions.
13.4. If any provision of these Terms and Conditions is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.
13.5. Each provision of these Terms and Conditions is severable from the others and no severance of a provision will affect any other provision. Headings have been included in these Terms and Conditions for convenience only and are not considered part of, or be used in interpretation.
13.6. You are not permitted to assign any of Your rights, benefits or obligations under these Terms and Conditions.
13.7. This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions and supersedes all prior communications and agreements between the parties as to its subject matter.