TERMS AND CONDITIONS OF JADE WEBSITE USE

CODE OF CONDUCT AND TERMS OF USE OF THE JADE WEBSITE
(Beta release June 2007)

Welcome to the JADE (beta) website and thank you for trying out this new BarNet service. We are committed to building and developing JADE over time and would love to hear from you about what you like and don't like about JADE and any suggestions that you have for improvement. You can provide feed back and comments to us via the FEEDBACK button which you will see on JADE (beta) homepage.

This page sets out the Code of Conduct and Terms of Use (referred to collectively as the "Code") governing your use of the JADE (beta) online service and your participation in any discussion groups or forums on the JADE (beta) site. The JADE (beta) online service includes software, services and materials and content available on the JADE site (referred to collectively as "JADE (beta)"). You must comply and adhere to this Code in order to access and use Jade (beta). Your use of JADE (beta) constitutes your agreement to these terms and conditions.

This Agreement is between you and BarNetwork Pty Limited ABN 32 092 121 198 with its registered office at 13/169 Phillip Street Sydney, Australia. (BarNet).

JADE (beta) is in development and BarNet may change, limit, suspend or discontinue any aspect of JADE (beta) at any time, including the availability of any feature, database or content.

BarNet also reserves the right to change these terms and conditions from time to time at its sole discretion.

Using JADE (beta) - your general obligations

1. You must comply with this Code and any additional acceptable use policies which BarNet may issue from time to time concerning the access and use of JADE (beta).
2.  You must keep any passwords assigned to you secure and protected and not permit unauthorised persons to use those passwords to access JADE (beta).
3. You acknowledge and agree that your username together with your password is the means by which BarNet identifies you and that our systems will allow anyone who provides your username and password to access your JADE (beta) account including your content in that account such as bookmarks, JADEmarks, tags, comments or other material which you may post.
4. You must not use or attempt to use JADE (beta):
   (a) for any unlawful purpose or in a way that breaches another person's rights, including copyright or other intellectual property rights;
   (b) in any way which, in the reasonable opinion of BarNet may damage, interfere or interrupt any part of the JADE (beta) service or the BarNet network, equipment and facilities.
5. You agree to indemnify BarNet against all costs, expenses, loss or liability that Barnet may suffer resulting from your breach of these terms or your misuse of JADE (beta).

Using JADE (beta) - bookmarks, tags and other content contributed by you

Without limiting the generality of your general obligations you agree that the following terms and conditions will apply to any content contributed in any format and submitted by you for inclusion on the JADE (beta) site:

1.  You are solely responsible for the content of any contributions that you make to JADE (beta). All contributions are public unless BarNet provides you with an option to choose to not make contributions public.
2. All material published on JADE (beta) is published at BarNet's sole discretion and may be edited, removed or not published by BarNet for any reason.
3. BarNet reserves the right to archive and republish contributions to the JADE (beta) site.
4. When you submit content in any format to JADE (beta) you warrant to us that you have all necessary rights, including copyright, in the material that you submit and you grant to BarNet a non-exclusive irrevocable worldwide royalty free licence to use that material (including on all current and future versions of JADE and associated products and services).
5. In submitting contributions for including in JADE (beta) you do so on the basis that attribution of authorship of such contributions may not be included on JADE (beta) and will be subject to editorial policies of JADE (beta).
6. BarNet recommends that parents/teachers supervise children's access to material on the internet including material on the JADE (beta) site.

Our Responsibilities (Warranties and disclaimers)

JADE (beta) is a trial system which is currently in development. JADE (beta) is provided on an "as is" and "as available' basis. Whilst BarNet attempts to ensure that information included on JADE (beta) is accurate and reliable, because of the possibility of human and mechanical error and other factors BarNet is not responsible for any errors. If you find an error or a problem on the site please let us know at jade-support@barnet.com.au . BarNet makes no warranties that the JADE (beta) services and materials accessed through that service will be continuously available, uninterrupted or error-free and makes no warranties concerning JADE (beta) other than those set out in these terms.

BarNet does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statue or cause any part of this agreement to be void.

For any liability that cannot lawfully be excluded BarNet's liability is limited to, at Barnet's option, either re-supplying JADE (beta) or refund of any subscription payment you have made to BarNet which we will treat as the cost of re-supplying JADE (beta).

Except as provided in this agreement Barnet excludes all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue or profits and any other commercial or economic loss of any kind in contract, tort or under any statute.

BarNet will not be responsible for any loss or damage arising from circumstances outside BarNet's reasonable control.

Links

JADE (beta) includes links to third party sites and material. BarNet does not control those sites and is not responsible for the contents of any third-party sites, any links contained in third-party sites, any changes or updates to third-party sites, or their privacy practices, which may differ from those of BarNet.

If you are interested in making a link from your site to JADE (beta) please contact jade-support@barnet.com.au
Intellectual Property

Intellectual Property (including permissions)

JADE (beta) contains proprietary material of BarNet and may contain material licensed from third parties which is protected by copyright and other laws. BarNet retains all rights in the JADE (beta) site and its materials included in the site.

JADE (beta) is made available for personal or internal business use only. You are granted a nonexclusive, nontransferable licence to access and use JADE (beta) for the purpose of your own research or study and for the provision of professional legal advice and services to your clients. You may not publish, transmit, sell or otherwise redistribute JADE (beta) for commercial purposes. Use of JADE (beta) via mechanical, programmatic or automatic devices or by manual processes to monitor or copy the pages or material on JADE (Beta) is not permitted.

BarNet or third parties own all right, title and interest including intellectual property rights to JADE (beta) including software and content. Software used on JADE (beta) is protected by applicable copyright, patent or other intellectual property rights of BarNet or third parties.

JADE (beta) includes links to material on third party websites. Use of such material is governed by terms of use and copyright policies as set out on those sites.

You may not use JADE (beta) in any way that infringes the copyright or other proprietary rights in JADE (beta) including material accessed through JADE (beta). You may not remove or obscure any copyright notice or other notice on JADE (beta) or on material accessed through JADE (beta).

JADE (beta), BarNet and the BarNet star device are trade marks of BarNet.
Except where otherwise specified the contents of the JADE (beta) site are protected by copyright.

Information you provide

It is BarNet's policy to maintain your privacy when you use JADE (beta). Please read our Privacy Policy for more information. BarNet's privacy policy forms part of this agreement and use of JADE (beta) is subject to you agreeing to the terms of our Privacy Policy.

Termination and suspension

If BarNet reasonably believes it is necessary to do so to maintain or restore any part of the BarNet network we may temporarily suspend or restrict the JADE (beta) service.
BarNet may, without liability, immediately suspend or restrict your access to JADE (beta) if:

1. there is an emergency or other event outside our reasonable control which means that we are temporarily unable to provide JADE (beta) to you; or
2. you misuse JADE (beta) or fail to comply with your obligations as to the use and access of JADE (beta) as set out in these terms and conditions.

General

If any provision of this agreement is held to be void or unenforceable then such provision will be taken to be removed from this agreement. The remaining terms will continue to have full effect.

Governing law

These terms and conditions will be governed by the laws of the State of New South Wales, Australia.

JADE, BarNet and the BarNet star device are all trade marks of BarNetwork Pty Limited
Copyright © 2007 BarNetwork Pty Limited. All Rights Reserved.