Last updated: 25 October 2024

These terms of use (Terms of Use) describe the terms and conditions which you accept by using this website owned by Area 53 Pty Ltd ACN 674 057 795 (Area 53, Company). The capitalised words in these Terms of Use have the meanings set out in clause 2 below or as defined throughout these Terms of Use. Please take the time to read these Terms of Use before navigating the Area 53 Website.

GENERAL

The Area 53 Website is owned and operated by Area 53. Before using the Area 53 Website, you must read and accept all of the terms in, and linked to, these Terms of Use. You should also review all of the policies included on the Area 53 Website together with our Privacy Policy.

By using the Area 53 Website, you acknowledge that you have read and understood these Terms of Use. We may from time to time make changes to the Area 53 Website, and where possible, we will use reasonable endeavours to notify users that have left their contact details if certain amendments may have a material adverse effect on your use of the Area 53 Website. For completeness, we encourage you to check our website periodically to ensure you are aware of our current Terms of Use.

If you do not accept these Terms of Use in full (or if you lack the capacity to accept these Terms of Use), you must not access or use the Area 53 Website.

DEFINITIONS

Where used in these Terms of Use:

Area 53, us, we or Company means Area 53 Pty Ltd ACN 674 057 795.

Area 53 Website means the existing and future websites operated by Area 53 and available at www.area53.com.au and any of its regional or other domains or properties, and includes any related service, tool or application, specifically including mobile web, any iOS application and any Android application, or other access mechanism.

Privacy Policy means the Area 53 Privacy Policy amended from time to time and available at [link to PP to be inserted];

Terms of Use means this document containing the terms, conditions and notices relevant to your use of the Area 53 Website.

CONTENT AND INFORMATION

We have taken proper care and precautions to ensure that the information provided on and throughout the Area 53 Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on the Area 53 Website or on any linked site.

The information contained on the Area 53 Website should not take the place of professional advice.

We reserve the right to display advertisements or promotions on the Area 53 Website. You acknowledge and agree that we will not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by us or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement or promotions.

Any links or frames connecting the Area 53 Website with other websites or third-party applications or services are for convenience only and do not mean that Area 53 endorses or approves those responsible for those other websites applications or services or the information accessible from them.

To the extent permitted by law, the Area 53 Website is provided on an ‘as is’ and ‘as available’ basis and without conditions, warranties, representations or other terms of any kind either express or implied. Without limiting the foregoing, we make no representation, condition, or warranty about:

the accuracy, reliability, availability, veracity, timeliness or content of the Area 53 Website;
whether the Area 53 Website will be up-to-date, uninterrupted, secure, error-free or non-misleading;
the quality or fitness for purpose of the Area 53 Website or any goods supplied by us through the Area 53 Website, or whether any services provided by us will be rendered with due care and skill;
whether the Area 53 Website or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Area 53 Website; or
the Area 53 Website or infrastructure on which it is based being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied conditions, warranties, representations, or other terms as to title, merchantability, fitness for a particular purpose, hidden defects, quality, suitability and non-infringement.

USE OF SITE

You agree that you will use the Area 53 Website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Area 53 Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Area 53 Website or the services that Area 53 provides.

INTELLECTUAL PROPERTY AND COPYRIGHTS

We hold the copyright to the content of the Area 53 Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Area 53 Website or in connection with the services that we provide. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a licence agreement.

The logos and trademarks included on this site are owned or licensed by the Company. Use of these logos and trademarks is strictly prohibited except with our express, written consent.

LIMITATION OF LIABILITY

Except where prohibited by law, neither Area 53 nor its respective directors, officers, employees, agents, service providers, contractors or successors will be liable for:

any claim by any third party; or

for any indirect, incidental, special, exemplary, punitive, non-economic, or consequential damages, however caused, under any theory of liability, whether in contract, strict liability, or tort (including negligence, gross negligence, wilful misconduct or otherwise), arising in connection with or out of access to or use of the Area 53 Website, even if Area 53 has been advised of the possibility of such damages, including without limitation, any loss of, damage to, or alteration to your data, opportunities, revenues, profits, reputation, or costs or liabilities associated with the procurement of substitute services, products, or due to business interruption. In jurisdictions where the limitation of liability for consequential or incidental damages is not permitted, our liability is limited to the maximum extent permitted by law.

Where a term is implied by law and that law prohibits provisions in a contract excluding or modifying liability under that term, then Area 53 agrees to observe and adhere to that term. However, Area 53’s liability for breach of such term will be limited, at Area 53’s option, to one or more of the following:

in relation to goods:

the replacement of the goods or the supply of equivalent goods;

the repair of such goods;

the payment of the cost of replacing the goods or acquiring equivalent goods; or

the payment of the cost of having the goods repaired; and

15.8.2 in relation to services:

the supply of the services again; or

the payment of the cost of having the services supplied again.

INFORMATION COLLECTION AND CONFIDENTIALITY

Use of information you have provided us with, or that we have collected and retained relating to your use of the Area 53 Website, is governed by our Privacy Policy. By using the Area 53 Website and the services associated with the Site, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of the Area 53 Website will be confidential due to the potential ability of third parties to intercept and access such information.

ASSIGNMENT

Neither these Terms of Use, nor any rights or licenses granted hereunder, may be assumed by any party, or assigned or otherwise transferred, directly or indirectly, in whole or in part, whether by operation of law or otherwise without the prior written consent of Area 53 and Area 53 reserves the right to freely assign or novate these Terms of Use.

SEVERABILITY

If any provision contained in these Terms of Use is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability only and without invalidating the remaining provisions contained in these Terms of Use or affecting the validity or unenforceability of that provision in any other jurisdiction.

WAIVER

If Area 53 does not act in relation to a breach of these Terms of Use by you, this does not waive Area 53’s right to act with respect to subsequent or similar breaches.

APPLICABLE LAW

You agree that the laws of the State of New South Wales, Australia apply to these Terms of Use. By agreeing to these Terms of Use you submit to the non-exclusive jurisdiction of the courts of New South Wales.