Last updated: 12 June 2012

Introduction and your agreement to these Terms of Use :-

Welcome to http://theonecentre.com/ (this "Website"). This Website is owned and operated by The One Centre Group Pty Ltd (“The One Centre”), an Australian proprietary company limited by shares with Australian Business Number 18 145 315 466.

These terms and conditions of use (these "Terms of Use") are deemed to incorporate this Website’s privacy policy (the “Privacy Policy”) which is available on this Website and which you should read together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.

These Terms of Use, including the Privacy Policy, govern your access to and use of this Website, including any: (i) software, database, information, content or materials that are located on, form part of or are available through or in connection with this Website (the “Website Material”); and (ii) services provided through or in connection with this Website (the “Services”).

These Terms of Use and references to this “Website” in these Terms of Use, apply to any Website Materials and Services provided or made available online by The One Centre, whether via the internet website located at http://theonecentre.com/, via a mobile telephone or computer tablet application or similar or any other means of electronic communication.  

By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms of Use, you must immediately exit and not access or use this Website.

Changes to these Terms of Use :-

The One Centre may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.

Different types of Users :-

Subject to these Terms of Use, any person may access or use this Website via the internet without registering with or disclosing any personally identifying information to The One Centre (an “Unregistered User”).

To make full use of the functionality of this Website, you will need to register with The One Centre ("Registered User").

The One Centre may refuse any request for registration. Unregistered Users and Registered Users are referred to collectively in these Terms of Use as “Users”. The One Centre may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users.

Registration :-

If you wish to become a Registered User, you must provide The One Centre with certain true and correct information about yourself (the “User Registration Information”), as requested by the relevant registration page on this Website. Information requested may include some or all of the following information, your: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; and office address. Where you purchase Website Material and other products and services from The One Centre, The One Centre will request payment details including your billing address (also "User Registration Information"). You must promptly notify and update The One Centre if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to The One Centre contacting you via such means for any purpose.

Use of the Website Material :-

The One Centre grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to access and read the Website Material, for personal use, solely in accordance with these Terms of Use.

Intellectual Property Rights :-

All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in The One Centre (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in The One Centre’s (or its licensors’) intellectual property rights to you.

Submitted Materials :-

This Website may allow Users to submit or post information, content and materials (“User Material”) to this Website and/or The One Centre, for access and use by other Users and/or The One Centre. (References in these Terms of Use to “User Material” do not include any User Registration Information, which is treated separately to User Material.). The One Centre does not systematically review User Material submitted by Users and is not responsible for the form or content of any User Material.

If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including The One Centre and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) advertise any product or service or solicit any business.

You agree that The One Centre may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by The One Centre and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and The One Centre; and (iv) directly or indirectly commercially benefit from your User Material.

The One Centre does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant The One Centre an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of and enter into  commercial rental arrangements in respect of that User Material.

Prohibited activities :-

You must not submit, post, upload, email or otherwise send or transmit to this Website, The One Centre or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.

Cessation of services :-

The One Centre may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website for any reason whatsoever or for no reason, including where The One Centre believes that you are in breach of these Terms of Use.

Indemnity by you :-

You must indemnify and hold harmless The One Centre (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by The One Centre (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

Other websites :-

The One Centre is not responsible for the policies and practices of internet websites operated by persons other than The One Centre, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

Changes to this Website :-

The One Centre may (with or without notice to you) make changes to this Website, the Website Material and the Services.

Availability of this Website :-

This Website, the Website Material and the Services are provided on an “as available” basis and The One Centre shall not be liable if this Website, the Website Material or the Services are unavailable for any period. The One Centre may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. The One Centre does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.

Accuracy of this Website :-

This Website, the Website Materials and the Services are provided on an “as is” basis and The One Centre makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.

Disclaimer :-

To the fullest extent permitted by applicable law, The One Centre excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) ,including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose. To the fullest extent permitted by applicable law, The One Centre also excludes the application or availability of any statutory rights or any statutory guarantees with respect to this Website, the Website Material or the Services.

Limitation of liability :-

Nothing in these Terms of Use is intended to exclude, restrict or modify any rights that the User may have under the Competition and Consumer Act 2010 (Cth) (the CCA) or any other applicable legislation which may not be excluded, restricted or modified by agreement.

If the CCA or any other applicable legislation provides the User with any non-excludable statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees) in respect of any goods or services supplied under these Terms of Use, then the exclusions and limitations on The One Centre's liability in these Terms of Use do not apply in respect of such non-excludable statutory rights, however, where The One Centre's liability with respect to such non-excludable rights may be restricted or modified, then, without prejudice to any non-excludable statutory rights that the User may have which may not be restricted or modified by agreement, The One Centre's liability is limited to :  (i) in the case of a supply of goods, The One Centre doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, The One Centre doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.

Force majeure :-

The One Centre will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by The One Centre to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond The One Centre’s control.

Assignment :-

You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. The One Centre may assign, transfer, sub-contract or otherwise dispose of any or all of The One Centre’s rights and/or obligations under these Terms of Use.

Entire agreement :-

These Terms of Use, together with any additional terms and conditions set out on this Website from time to time, constitutes the whole agreement between you and The One Centre relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Rights cumulative :-

The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.

Waiver :-

No failure to exercise nor any delay in exercising by The One Centre of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

Invalidity :-

If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

Governing law :-

These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Interpretation :-

In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

Contacting The One Centre :-

All correspondence to The One Centre, including any queries you may have regarding this Website or these Terms of Use, should be sent to:

Email:    hello@theonecentre.com

Address:    Level 2, 85 Commonwealth St, Surry Hills, NSW 2010, Sydney Australia.