If you use any of the tools that we make available via the OCS (as defined in clause 12 below), you do so at your own risk. We do not warrant that the information produced by the OCS or any of the tools of the OCS is accurate, error-free or up-to-date. You must not rely on, or represent to any person that they should rely on, any results, reports or figures produced by the OCS or any tool on the OCS without independently verifying the validity and accuracy thereof. The results produced by any tool of the OCS may be subject to errors and inaccuracies and may not be up to date.
The content on the OCS is provided for general information only. The information on the OCS is not our professional advice. You must seek all appropriate financial, legal and other advice as applicable before relying on any information you obtain from the OCS.
2. Availability of The OCS
2.1. We do not represent that the OCS will be available on an uninterrupted or error-free basis. We may need to take down the OCS from time to time or suspend, withdraw or restrict the availability of all or any part of the OCS for business and operational reasons.
2.2. You agree and acknowledge that the accessibility and use of the OCS is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the OCS operates, interfaces with or connects to, and that we are not responsible for any non-performance of the OCS associated with any of those matters.
2.3. The OCS is directed to people residing in Australia. We do not represent that content available on or through the OCS is appropriate for use in other locations.
3. OCS Usage Restrictions
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the OCS and/or any content and/or data that you obtain therefrom (except as expressly permitted by a non-excludable provision of the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
(c) use the OCS in any way that infringes our rights or the rights of any third party;
(d) use the OCS to create any product or service that competes with the OCS; or
(e) take any steps to circumvent any technological protection measure or security measures in the OCS.
3.2. You must not use the OCS or any part of the OCS in any way which is in breach of any statute, regulation, law or legal right of any person.
3.4. We do not warrant that the data and information on the OCS or the information produced by any of the tools on the OCS is accurate, error-free or up-to-date. You must not rely on, or represent to any participant or any other person that they should rely on, the data and information on the OCS or any results, reports or figures produced by any tool on the OCS without independently verifying the validity and accuracy thereof. The data and information on the OCS and the results produced by any tool on the OCS may be subject to errors and inaccuracies and may not be up to date.
3.5. You may print off one copy, and may download extracts, of any page(s) from the OCS for your personal use only.
3.6. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.7. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is generated by you).
3.8. You must not use any part of the content on the OCS for commercial purposes without obtaining an express prior written licence to do so from us.
4. Acceptable Use Policy
(a) using the OCS to violate all or any legal rights of any person or company or other entity in any jurisdiction;
(b) using the OCS in relation to crimes such as theft and fraud;
(c) using the OCS in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise;
(d) introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
(e) using the OCS to make fraudulent offers of goods or services;
(g) using the OCS to execute any form of network monitoring which will intercept data not intended for you;
(h) using the OCS to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers;
(i) using the OCS to interfere with or deny service to anyone;
(j) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the OCS;
(k) sending unsolicited email messages through or to users of the OCS in breach of the Spam Act 2003 (Cth);
(l) using the OCS to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; and
(m) use of the OCS in breach of any person’s privacy (such as by way of identity theft or “phishing”).
5. Intellectual Property Rights
5.2. As between you and us, we own all Intellectual Property Rights in the OCS (including all content and data contained or obtained therein or therefrom).
5.4. You agree that any Intellectual Property Rights in any comments that you may provide to us in connection with the OCS or requests for new OCS features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to us or otherwise providing the Improvement Suggestion to us. You hereby assign all Intellectual Property Rights in each Improvement Suggestions to us effective immediately upon you uploading or posting that Improvement Suggestion to us or otherwise providing the Improvement Suggestion to us. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
5.5. You irrevocably consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions.
5.6. You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the OCS or otherwise.
6. Responsibility for other users
6.1. We do not accept responsibility for the conduct of any users of the OCS.
6.3. Any dispute you have with another user of the OCS is between you and the other user. You release us from any claims that you may otherwise have against us in relation to any conduct of any user of the OCS, any sales and marketing practices of any users of the OCS and in respect of any content uploaded by or on behalf of any user into the OCS.
8. Liability and Implied Terms, Conditions, Warranties and Guarantees
8.1. Subject to clause 8.4, to the extent possible by law, neither party is liable to the other party for any loss or damage incurred by the other party for loss of profits, loss of business opportunity, loss of revenue, loss of savings, or loss of data.
8.4. Nothing in this clause 8 limits a party’s liability:
(b) your liability for breach of clause 4.
9. Term and Termination
9.1. We are conducting a trial of the OCS our One Community System. There is no fee for the use of the OCS during our trial. We reserve the right to end our trial at any time.
9.4. We may take down the OCS or any part of it offline at any time without notice.
10.1. Any notice issued shall be in writing and sent by hand delivery, post or email. Where sent to you from us, we shall use any of your contact details that you provide to us.
10.2. You may contact us or send a notice to us using our contact details that are specified on the OCS at https://www.1-stop.biz/one-community-system-contact-form/ or by sending an email to us at firstname.lastname@example.org.
10.3. Any notice issued by hand shall be deemed delivered upon delivery.
10.4. Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
10.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon the sender’s receipt of a reply to the email.
10.6. We may send you email or other electronic messages concerning the OCS from time to time.
12. Dictionary and Interpretation provisions
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in NSW.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
We, our, us and OneStop means 1-Stop Connections Pty Ltd ABN 58 102 573 544 of 347 Kent Street, Sydney, NSW 2000 Australia.
OCS means the website, the homepage of which is [https://onecommunitysystem.com/] and any tools, content (including charts, graphs and reports), images, text, data and other information appearing on any page of the website and any source code and object code therein.
You means you, the person who accesses the OCS for any reason.
(c) Currency refers to Australian dollars unless specified otherwise.
(d) The singular includes plural and vice versa.
(e) A reference to a statute or regulation includes amendments thereto.
(g) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(h) A reference to time is to time in NSW.
(i) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(j) The words “includes”, “including” and similar expressions are not words of limitation and shall be interpreted as if followed immediately by “but not limited to” in each case.