Terms and Conditions - Consultants Only

Terms and Conditions regarding use of 'Accredited Consultants Only Area' by Consultants

1. The Accredited Consultants Only Area found at www.entente.com.au (the Site) is a collection of Materials created by Entente Pty Limited ACN 002 678 816 (Entente) to provide information to persons who have entered into an Accreditation Agreement with Entente (the Consultant).

2. Accredited Consultant as User

   In order to be an Accredited Consultant of the Site, the Consultant must have entered in an Accreditation Agreement with Entente.

3. Access Code

   Entente will provide the Consultant, as an Accredited Consultant, with a password allowing the Consultant to access the Accredited Consultants Only Area and to access the Materials from the Accredited Consultants Only Area for the Restricted Use described in the Accreditation Agreement. The Consultant agrees to keep his or her password confidential and to notify Entente of any violation of these rules or threat to system security.

4. Restricted Use

   The Consultant is provided with access to the Accredited Consultants Only Area for the purpose of accessing, downloading and copying the images and/or Materials in the capacity of an Accredited Consultant providing Consulting Services as described in the Accreditation Agreement. The Consultant may not without written consent from Entente provide any of the Materials to third parties or on-sell Materials obtained from the Accredited Consultants Only Area and must otherwise comply with the Accreditation Agreement concerning their use. Every use of Materials obtained from the Accredited Consultants Only Area must include a credit acknowledging Entente as the author or licensee of the Materials in wording advised by Entente to the Consultant in writing from time to time.

5. Specific Warning

   The Consultant must take his or her own precautions to ensure that the process which he or she employs for accessing this Site does not expose him or her to the risk of viruses, malicious computer code or other forms of interference which may damage his or her own computer system. Entente does not accept responsibility for any interference or damage to the Consultant’s own computer system which arises in connection with his or her use of this Site or any linked Site.

   Whilst Entente has no reason to believe that any information contained on this Site is inaccurate, Entente does not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. Entente does not accept responsibility for loss suffered as a result of reliance by the Consultant upon the accuracy or currency of information contained on this Site.

6. Copyright

   Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by Entente. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and as expressly authorised by these terms and conditions in the Accreditation Agreement, the Consultant may not in any form or by any means:

   • adapt, reproduce, store, distribute, print, display, perform, publish, upload to a third party, frame, transmit, distribute or create derivative works from any part of this Site; or
   • commercialise any information, Materials, products or services obtained from any part of this Site.

7. Trade marks

   Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark in which Entente claims proprietary rights.

   If the Consultant uses any of Entente’s trade marks in reference to Entente’s activities, products or services, the Consultant must include a statement attributing that trade mark to Entente. The Consultant must not use any of Entente’s trade marks:

   • in or as the whole or part of his or her own trade marks;
   • in connection with activities, products or services which are not Entente’s;
   • in a manner which may be confusing, misleading or deceptive;
   • in a manner that disparages Entente or Entente’s information, products or services (including this Site).

8. Disclaimer

   Neither Entente nor its directors, officers, agents, employees or contractors accept responsibility for any loss or damage, however caused (including through negligence), which the Consultant may directly or indirectly suffer in connection with the Consultant’s use of this Site or any linked website, nor does Entente accept any responsibility for any such loss arising out of the Consultant’s use of or reliance on accuracy or currency of information contained on or accessed through this Site.

   Entente and its directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.

   To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Entente from excluding or modifying the application of, or Entente liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

   1. if the breach relates to goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of having the goods repaired; and
   2. if the breach relates to services;
      1. i. the supplying of the services again; or
      2. ii. the payment of the cost of having the services supplied again.

9. Advertising and links to other web sites

   The Site contains links to third party sites (Linked Sites). Linked Sites are not under the control of Entente and Entente is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). Entente provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Entente or its directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.

   The Site may also contain third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties (Third Party Material). The Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors (Third Party Websites). Neither Entente nor its directors, officers, agents, employees and contractors recommends or endorses the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party. Such representations and offers are not made by Entente or its directors, officers, agents, employees and contractors, and the third party is solely responsible to you for the delivery of any goods or services you acquire from the third party or on the third party website.

   Neither Entente nor its directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Site, Third Party Websites, Linked Sites, or Subsequent Sites, nor do they accept any responsibility arising in any way (including negligence) for errors in, or omissions from such Third Party Material, Third Party Websites, Linked Sites or Subsequent Sites.

10. Governing Law

    These terms and conditions are governed by the laws in force in New South Wales, Australia. The Consultant agrees to submit to the exclusive jurisdiction of the courts of that jurisdiction.

11. General

    Entente accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond Entente’s reasonable control.

    If Entente waives any rights available to Entente under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

12. Privacy

    For information about how Entente handles personal information, please refer to Entente’s Privacy Statement accessible from the Site.

Acknowledgment

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