1. Agreement to these Terms
These Terms of Use (the "Terms") govern your access to and use of the website available at nswfurs.com, including its beta testing area (together, the "Service"), operated by the NSWFURS site operator ("we", "us", "our"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. The Service
The Service is a pre-launch community website that is under active development. At present it consists of an informational landing page, an optional launch notification list, and a private beta testing area. Features may be added, modified, suspended, or removed at any time without notice and without liability.
3. Acceptable use
You must not, and must not attempt to:
- access any part of the Service without authorisation, probe or test its security, or circumvent any access control, including the beta password gate;
- disrupt, overload, or interfere with the Service or the server on which it is hosted, including by automated means;
- submit any material that is unlawful, defamatory, harassing, infringing, sexually explicit, or otherwise objectionable;
- misuse any form on the Service, including submitting email addresses you do not control; or
- use the Service in breach of any applicable law, including the laws of New South Wales and the Commonwealth of Australia.
4. Intellectual property
All content on the Service, including its design, text, graphics, and code, is owned by or licensed to us and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of the Service without our prior written consent, except as permitted by law.
5. Launch notification list
If you submit your email address to the launch notification list, you consent to receiving a notification email from us when the Service launches. Handling of your email address is described in the Privacy Policy. You may withdraw at any time by contacting admin@nswfurs.com.
6. Beta accounts
Creating an account in the beta area requires beta access, a valid email address, and a declaration that you are 16 years of age or older. You are responsible for keeping your password secure and for all activity on your account. You must provide accurate information and must not create an account for anyone other than yourself, impersonate any person, or register a handle in bad faith. We may suspend or remove accounts at our discretion. You may request deletion of your account at any time via admin@nswfurs.com.
7. Beta area
Access to the beta testing area is subject to the Beta Testing Policy, which forms part of these Terms for beta participants and must be accepted before entry. In the event of any inconsistency between these Terms and the Beta Testing Policy in relation to the beta area, the Beta Testing Policy prevails.
8. Disclaimer of warranties
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all representations, warranties, and guarantees of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, security, or accuracy.
9. Limitation of liability
To the maximum extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, or exemplary loss or damage, or for any loss of data, profits, revenue, goodwill, or opportunity, arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence), statute, or otherwise, even if we have been advised of the possibility of such loss; and (b) our total aggregate liability arising out of or in connection with the Service or these Terms is limited to one hundred Australian dollars (AUD $100).
10. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified. To the extent that our liability for breach of any such non-excludable guarantee can be limited, it is limited, at our option, to the resupply of the relevant service or the payment of the cost of resupply.
11. Indemnity
To the maximum extent permitted by law, you indemnify us against all loss, damage, liability, cost, and expense (including reasonable legal costs) arising out of or in connection with your breach of these Terms, your unlawful conduct, or any material you submit to the Service.
12. Suspension and termination
We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, for any reason, including suspected breach of these Terms. Clauses 4 and 8 to 16 survive termination.
13. Changes to the Service and these Terms
We may amend these Terms at any time by publishing the amended Terms on this page with an updated date. Your continued use of the Service after amendment constitutes acceptance of the amended Terms. These Terms will be replaced by expanded terms when the full Service launches.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
15. Entire agreement
These Terms, together with the Privacy Policy and, where applicable, the Beta Testing Policy, constitute the entire agreement between you and us in relation to the Service and supersede all prior understandings.
16. Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
17. Contact
Questions about these Terms should be directed to admin@nswfurs.com.