DISCLAIMER

About this website:
This website is owned and operated by The Noise Network Pty Ltd and operates under the domain name www.noise11.com.

Your use of the information, graphics, text and other materials (Content) on the Noise11 Website is governed by these Terms of Use and the associated Privacy Statement. By using this Website you agree to be bound by these Terms of Use. In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this Website, or to products and services offered via this Website. You will be bound by these additional terms, as applicable.

Access to the Noise11 Website:In order to access and use the Noise11 Website, you must obtain access to the world wide web and pay any service, telecommunication or other fees associated with or incurred by such access. You must provide all equipment necessary to connect to the World Wide Web and access the Noise11 Website.

Links to other websites:The Noise11 Website may contain links to websites which are owned and operated by third parties independent of us (Third Party Websites). We do not sponsor, endorse or approve of the operators of Third Party Websites or the information, graphics and material which may be found at Third Party Websites (Third Party Material). Subject to any applicable law which cannot be excluded, we make no warranties or representations:

– regarding the quality, accuracy, merchantability or fitness of purpose of Third Party Material or products or services available through Third Party Websites; or
– that Third Party Material does not infringe the intellectual property rights of any person. We are not authorizing the reproduction of Third Party Material by linking material on this Website to Third Party Material.

When following a link on the Noise11 Website, material at a Third Party Website may be displayed in your browser framed by material on the Noise11 Website. This material is also Third Party Material for the purpose of these Terms of Use. All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operators. Insofar as such offers and statements are made on the Noise11 Website, such offers and statements are made by us on behalf of the Third Party Website operators. We expressly disclaim acting in any other respect on behalf of Third Party Website operators. We may receive fees and/or commission from third parties for goods and services of such third parties displayed or made available on the Noise11 Website or accessible through a hyperlink on the Noise11 Website. You acknowledge and consent to us receiving such fees.

Privacy:
Your privacy and security is very important to The Noise Network. Certain data items may be collected and used by the Noise11 website in order to, for example, process your instructions or search the site. The Noise11 website may record and track the use you make of this website. The use of this data is subject to our Privacy Statement. Please read our Privacy Statement in full.

Assessment tools and other features:
The Noise11 website may from time to time contain or make available various tools, assessment features, software programs or other features. These may assist you in ascertaining the value of or benefits relating to products or services advertised for sale via the Noise11 Website. The Noise11 Website may also contain helpful hints or other information.

While we have made every effort to ensure that any such features are accurate and free from defect, we do not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an “as is” basis. The use of any of these features or any information provided is entirely at your own risk.

The Content may contain general information about Noise11 products and services. Unless expressly stated otherwise, this information:

– does not constitute an offer or inducement to enter into a legally binding contract; and
– does not form part of the terms and conditions applicable to Noise11 products and services

Limitation of liability:
Subject to any responsibilities implied by law and which cannot be excluded, we, and our directors, employees, agents and contractors, are not liable for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Content on the Noise11 Website, to Third Party Material, or to access of the Noise11 Website, howsoever caused, whether in contract, tort including negligence, statute or otherwise:

Liability of noise11.com for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Noise11’s option to:

– the supply of the goods or services again; or
– the repair of the goods; or
– the payment of the cost of having the goods or services supplied again or having the goods repaired.

Indemnity:
You indemnify us in respect of any liability incurred by us for any loss or damage, howsoever caused, suffered by us as a result of your breach of these Noise11 Website Terms of Use, or your use of the Noise11 Website.

Availability of the Noise11 Website:
As electronic services are subject to interruption or breakdown, access to the Noise11 Website is offered on an “as is” and “as available” basis only. You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct your activities by other means should the Noise11 Website be unavailable. We may impose limits or restrictions on the use you may make of the Noise11 Website. We may withdraw the Noise11 Website at any time and without notice.

Copyright and Trademarks:
Copyright in the material on the Noise11 website is owned or licensed by The Noise Network Pty Ltd. Except where necessary for and incidental to viewing the Content on the Noise11 Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Content on the Noise11 Website may be reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.

Acceptance and changes to Terms of Use:
You acknowledge and accept that your use of the Noise11 Website indicates your acceptance of these Terms of Use and the Privacy Statement. These are the current Terms of Use. They replace any other terms of use for the Noise11 Website published on the Noise11 Website to date. Noise11.com may at any time vary the Terms of Use by publishing the varied Terms of Use on the Noise11 Website. Noise11.com is under no obligation to specifically notify you of any variation to these Terms of Use. You accept that by doing this, noise11.com has provided you with sufficient notice of the variation. By your use of the Noise11 Website after any variation, you are taken to have accepted the new Terms of Use.

General:
The law applicable to noise11.com and the Noise11 website and to disputes arising out of noise11.com and the Noise11 website is the law of the State of Victoria, Australia. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

Linking to noise11.com
Please contact noise11.com ([email protected]) if you would like to link to any part of the Noise11 website.

Privacy Policy:
When you access the Internet, the computers that host Web sites you visit (Web servers) automatically receive some anonymous information. This “usage data” may include a record of which pages a Web browser has visited. Noise11 servers receive usage data when customers visit Noise11 web sites. The Noise Network may use usage data to provide advertising about goods and services that may be of interest to Noise Network customers, or to provide customized features and services. The Noise Network will not use information about your activities on the Internet together with any information that identifies you without your consent. The Noise Network and its advertisers may use various kinds of software devices to collect information about Internet use. Small files called “cookies” may be attached to your Web browser. These files identify your browser and save information such as passwords so that Web sites can recognize you. You can set your browser to disable cookies, but some Noise Network Web sites (and other Web sites) may not work properly if you do this. In addition, on some Web sites, the Noise Network and its advertisers may use small bits of code called “one-pixel gifs,” or “clear gifs” embedded in some Web pages, to make cookies more effective. The Noise Network will not associate the information these software devices collect with your name or email address. The Noise Network uses advertising companies to deliver ads on some Noise Network Web sites. The advertising companies may also receive some anonymous information about ad viewing by Internet users on Noise Network Web sites and other Internet sites. This information may be associated with a customer’s Web browser, but cannot be associated with a name or e-mail address without the customer’s permission. (This means that advertising companies may know where your computer goes on the Internet, but they don’t know who you are unless you tell them.) The Noise Network does not supply customer identifiable information to advertising companies or to individual advertisers or other third parties. If you go to another Web site, including an advertiser’s Web site (for example by clicking on an ad), and request information or enter a contest, be aware that you may be authorizing another company, including an advertising company, to use information you supply. Find out more about the advertising companies that deliver ads on Noise Network Web sites, read their privacy policies, and choose whether to let them collect information about what you do on the Internet.

Disclosure:
The Noise Network will not sell, trade, or disclose to third parties any customer identifiable information derived from the registration for or use of a Noise Network online service — including customer names and addresses — without the consent of the customer (except when legally required to in the case of imminent physical harm to the customer or others). When the Noise Network uses other agents, contractors or companies to perform services on its behalf, the Noise Network will ensure that the company protects your customer identifiable information consistent with this Policy. If the Noise Network includes your name and any other customer identifiable information in a directory that the Noise Network creates from information we receive as an online service provider, the company will give you the opportunity to have your information excluded from that directory. Business directories that the Noise Network creates may, however, contain information obtained from other sources.

Customer Choice:
A customer may choose not to receive direct marketing communications from the Noise Network in connection with the Noise Network online services. Upon such choice, the Noise Network (a) will not contact that customer directly with marketing messages about Noise Network online services, and (b) will not use customer identifiable information obtained from that customer’s registration for or use of an online service to contact that customer with marketing messages about any Noise Network products or services. A customer may choose not to receive such messages by e-mail, by mail, or by telephone.

(C) Copyright 2011-2018 The Noise Network Pty Ltd