TERMS AND CONDITIONS

Website Terms of Use

The Cockatoo Institute Ltd website (the "Website") is provided by Cockatoo Institute Ltd Pty Ltd of Ground Floor, Building 30, Cockatoo Island NSW 2039 ("Cockatoo Institute Ltd", "we", "us", "our" etc.).

 

1. Cockatoo Institute Ltd website and Service 

The Cockatoo Institute Ltd service (the íServiceí) permits you to access the Website for the purposes of accessing information about the Cockatoo Institute Ltd, view videos files and other promotional materials, and purchase tickets to the Cockatoo Institute Ltd and a range of items displayed on the Website. You agree that you will use the Website and the Service solely for these purposes, and that you will comply with all the terms and conditions set out in these Terms of Use and the Terms of Sale (which can be readily viewed by clicking on the link) for tickets or any other products available from the Website. 

 

2. Usage Rules 

The Website and the Service are available for individuals aged 18 years or older who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the Website or the Service. 

 

3. System Requirements 

Use of the Service requires compatible hardware, software and Internet access, preferably through a high speed/broadband connection. You are solely responsible for the compliance of your hardware, software and Internet access with the minimum system requirements from time to time specified by us, and for maintaining current upgrades. 

 

4. Security and Access 

As part of the subscription and purchase process, you have provided certain personal information to enable us to confirm your identity and your payment method. You agree that the information you provide is true, accurate and complete, and that you will maintain and update this information as required to keep it true, accurate and complete. You will be solely responsible for maintaining the secrecy and confidentiality of your User ID and password, and you must notify Cockatoo Institute Ltd immediately of any breach of security, such as loss, theft or unauthorized disclosure or use of your User ID and password. Until you notify us of the loss and/or theft of your User ID and password, you will remain liable for use and abuse of the Cockatoo Institute Ltd website through the use of your User ID and password. The Cockatoo Institute Ltd has the sole and unfettered discretion to revoke or disable your rights of access to the Cockatoo Institute Ltd website at any time and for any reason whatsoever. 

 

5. Monitoring Usage  

In order to comply with, and subject to, any applicable laws, including without limitation the Telecommunications Act 1997 and the Telecommunications (Interception) Act 1979, we may at any time:

1. When required by a warrant issued by an authorised agency or court, intercept or monitor Services, or enable another person authorised by a warrant issued by an authorised agency or court, to intercept or monitor Services, including data hosted on or being transmitted through the Services;

2. Monitor and/or examine use of the Services, including email, records and other data in the course of installation, connection or routine maintenance of the Services, but only to the extent permitted by legislation;

3. Suspend Services; and/or

4. Release information obtained by any of these actions to any authorized governmental or other agency or to any person who has obtained an appropriate court order. 

 

6. Accuracy of Content 

The Website may include content and associated files and links provided by third parties. Given the huge volume of material on the Website, we cannot and do not guarantee, warrant or endorse the accuracy, reliability, legality, decency or copyright compliance of any of this material that is, or of any material on any third party websites whose links are, placed on the Website by third parties. 

 

7. Your Information  

We store and use the information provided by you during the registration process (including methods of payment) for use in:

1. Maintaining your accounts and billing purchases in accordance with the payment methods selected by you; and

2. Providing you with information by email as to the Cockatoo Institute Ltd and similar promotional materials if you have elected to receive this material. 

 

8. Privacy  

The information we have collected from you during the registration process, including information about your payment method, is subject to the Cockatoo Institute Ltd Privacy Policy (please click on the link to view this Policy). 

 

9. Warranties and Limitation of Liability 

We provide the Website and the Service on an "as is" basis, and except as set out in these Terms of Use, all implied conditions and warranties are excluded from this Agreement. Where the Trade Practices Act 1974 or other laws imply conditions or warranties or give other rights in respect of this Agreement, the maximum liability for any breach of such a condition, warranty or right will (but only to the extent permitted by law) be limited:

1. in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and

2. in the case of services supplied, to the supplying of the services again or the payment of the reasonable cost of having the services supplied again. In no event shall we be liable for any direct, indirect, incidental, punitive, consequential damages of any kind whatsoever with respect to the Website or the Service. 

 

10. Indemnity 

By using this Service, you agree to indemnify and hold us harmless, and to keep us indemnified and held harmless, with respect to any claims arising out of your breach of these Terms Of Use, your use of the Service, any improper use or abuse of your User ID and password, any investigation by us of a suspected violation of these Terms of Use or any decision by us to terminate or limit your access to the Service. This indemnity is a continuing obligation, separate and independent of your other obligations under the Terms of Use, and survives the termination of this Agreement. 

 

11. Changes and Change Notifications  

From time to time we may withdraw specified files or add additional conditions to the Terms of Use. We reserve the right, at any time and from time to time, to update, revise, supplement and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Service to accommodate such Changes or Change Notifications, as well as any other modifications to these Terms of Use (all of which are referred to as "Amendments") as we believe desirable. Such Amendments will be effective immediately, and your continued use of the Service will be deemed to constitute your acceptance of any and all such Amendments.

 

12. Termination 

We may terminate this Agreement if you breach it or if we suspect that you have breached it and we shall be entitled to terminate your access to the Service. You may cancel your email subscription at any time, via email to info@cockatoofilm.com or by contacting the The Cockatoo Institute Ltd at 61 2 98101455. We will be entitled to rely on a notice of cancellation that appears legitimate and cancel the service on that basis. The Cockatoo Institute Ltdís responsibility for improper cancellation is limited to reinstating your The Cockatoo Institute Ltd email subscription. 

 

13. Notices 

Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by facsimile or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting, within 24 hours if sent by facsimile to the correct facsimile number (with correct answerback), or within 24 hours if sent by electronic mail to the correct electronic mail address of the addressee (subject to email not being returned as undelivered or recipient away). 

 

14. Intellectual Property 

You agree that the Service, including but not limited to graphics, audio clips and editorial content, contains proprietary information and material that is owned by us and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove or disable access to any content or other materials comprising a part of the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to any such content or materials under this Agreement. We may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. All copyrights in and to the Service (including the compilation of content, links to other Internet resources, and descriptions of those resources) are owned by us. The use of any part of the service, except for use of the service as permitted in these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. All trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of the Cockatoo Institute Ltd Pty. Ltd. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks. 

 

15. General Provisions  

1. These Terms of Use governed by the laws of the State of New South Wales, and each of the parties agrees to submit to the jurisdiction of the Supreme Court of New South Wales.

2. If any provision or portion of these Terms of Use held to be unenforceable, they shall be enforced to the maximum extent permissible consistent with the terms hereof, and the remainder of this Agreement shall continue in full force and effect.

3. No failure or delay in enforcing any provisions of these Terms of Use shall be construed as a waiver.

 

 

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