Last updated: September 10, 2020
Description of Services
When you purchase any Antares product or Antares service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such purchase. When using particular services, users shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in additions to those in these Terms. All such guidelines or rules are incorporated herein by reference.
Should you object to any of these conditions or any subsequent modifications, your only recourse is to immediately discontinue your use of the Services.
Use of Services
You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the content and the software for information and other content related to Antares, its products, and its services. You may use the Services for purposes expressly permitted by Antares. Any other use, including the reproduction, modification, distribution, transmission, or republication of the content on this site is strictly prohibited, except as expressly permitted in writing by Antares or in these Terms.
Antares has no obligation to monitor any user’s use of the Services, however Antares retains the right at all times to monitor, retain, and disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. You will indemnify Antares if Antares suffers any loss or damage or incurs any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the Services.
If you become involved in any violation of system security, Antares reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Antares reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any email messages or publishing or otherwise making available any materials that are believed to violate these Terms.
Representations; Warranties; Disclaimer
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the reconstruction of any lost data. Antares does not assume responsibility or risk for your use of the Internet.
Your use of this site is at your own risk. The services are provided “as is” and without warranties of any kind, either express or implied. Antares disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Antares does not warrant that the functions or content contained in the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes the services available are free of viruses or other harmful components. Antares does not warrant or make any representation regarding use, or the result of use, of the services in terms of accuracy, reliability, or otherwise. The services may include technical inaccuracies or typographical errors, and Antares may make changes or improvements at any time. You, and not Antares, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage to you or your property arising from the use of the services or content thereon.
No advice or information, whether oral or written, obtained by you from the Services or any materials or content available through the Services will create any warranty regarding Antares or the Services that is not expressly stated in these terms.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Antares Solutions will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Antares Solutions make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Antares Solutions) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Antares Solutions; and
(d) the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
Antares Solutions’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Antares Solutions, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Antares Solutions as set out below.
If you want to terminate the Terms, you may do so by:
(a) providing Antares Solutions with 90 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Antares Solutions has made this option available to you.
Your notice should be sent, in writing, to Antares Solutions via the ‘Contact Us’ link on our homepage.
Antares Solutions may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Antares Solutions is required to do so by law;
(c) the provision of the Services to you by Antares Solutions is, in the opinion of Antares Solutions, no longer commercially viable.
Subject to local applicable laws, Antares Solutions reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Antares Solutions’s name or reputation or violates the rights of those of another party.
You agree to indemnify Antares Solutions, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice ‘) by that other party, the parties to the Terms (‘Parties ‘) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, NSW, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Antares Solutions is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.