TERMS OF USE

Obzervr Pty Ltd Terms of Use

Welcome to www.obzervr.com (the “Site”) owned and operated by Obzervr Pty Ltd.

Obzervr Pty Ltd. Is committed to providing a safe and positive experience to all users on our Site as outlined in this document. Please read the following terms and conditions (“Obzervr Website Terms of Use”) carefully before using this website (“Site”). By accessing, using or partaking in activity on this Site, you agree to follow the “Obzervr Website Terms of Use” and “Privacy Policy” which shall constitute a legal agreement between you (the user) and Obzervr Pty Ltd. If you choose not to agree with any of the terms of this agreement or the “Obzervr Privacy Policy”, you shall not access or use www.obzervr.com. It is recommended that you review the “Obzervr Website Terms of Use” document regularly as it can change at any time.

TERMS OF USE

Welcome to www.obzervr.com (the “Site”) owned and operated by Obzervr Pty Ltd.
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This Site is to display information regarding Obzervr Pty Ltd. associated industries, partners, and on occasions, clients. Whilst we do provide access to the content on our site, we do not take responsibility for:
  • Inaccurate or incomplete content.
  • Outdated or incorrect content.
  • Updating content that can be seen to be incorrect.
  • Content that has technical inaccuracies, grammar or typographical errors.
  • Content that is changed by a third party.
  • Interruptions, errors, viruses or other harmful events.
Obzervr Pty Ltd. does not take any liability for these matters. Using www.obzervr.com Site can be done so at your own discretion and risk. Obzervr Pty Ltd. will not be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use of Site www.obzervr.com or the information obtained from the content of this Site.
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Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

“AS IS” DISCLAIMER

You accept Site www.obzervr.com “as-is” and disclaim all warranties including all content, software and functions made available on or accessed through our Site. This Site is provided “as available” and on an “as is, where is” basis. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Site, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site.

SECURITY

Obzervr Pty Ltd. Has a variety of security controls to protect its website from unauthorised access. Users should be aware that the World Wide Web is an unsecured public network that gives has the potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that downloadable files may contain computer viruses, disabling codes, worms or other devices or defects.
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Obzervr Pty Ltd. does not warrant or represent that the material on the Site will not cause damage or is free from any computer virus or any other defects or errors. We accept no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with or relating to this website, linking websites or their use. Users are encouraged to take appropriate precautions to ensure that anything viewed or downloaded from this site is free of viruses or other contamination that may interfere with or damage the user’s computer system, software or data.
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Obzervr Pty Ltd. is not liable for any loss or damage however caused resulting from the use of the material
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WE AND ANY SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION:
  • Non-infringement, quiet enjoyment, quality of information.
  • Merchantability or fitness for a particular purpose. This includes loss of data or profit arising out of the use or the inability to use the content of this website, even if one of our representatives has been advised of the possibility of your damages.
  • We do not warrant that any content, software or functions accessed through our site will be uninterrupted or error-free, that defects will be corrected or that our site or the server that makes it available is free of viruses or other harmful components.
  • We and any subsidiaries and affiliates will not be liable for direct, indirect, punitive or special damages related to your use of the site.
  • Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

THIRD PARTY DISCLAIMER

  • We (Obzervr Pty Ltd.) Do Not Have Responsibility for Links to Third Party Content. We may provide hyperlinks or pointers to other third-pertained by third parties or may provide third-party content on our website by framing or other methods. The links to third-party websites are provided for your convenience and information only.
  • The content in any linked websites is not under our control and therefore we are not responsible for their content, including any further links to a third-party site. If you decide to access any of the third-party sites linked to our website, you do this entirely at your own risk and volition. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses.
  • If We Provide a Link, We Do Not Necessarily Endorse a Third Party.
  • We reserve the right to terminate a link to a third-party website at any time.
  • The fact that we provide a link to a third-party website does not mean that we endorse, adopt, authorize or sponsor that website. It also does not mean that we are affiliated with the third-party website’s owners or sponsors.
  • If a Third-Party Links to Our Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Site.

EXTERNAL LINKS:

  • May link to, but not replicate, our content.
  • Requires written approval and copy change approval by Obzervr CEO.
  • May not create a browser, border environment or frame our content.
  • May not imply that we are endorsing it or its products.
  • Should not misrepresent its relationship with us.
  • Should not present false information about our products or services.
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

TRADEMARKS, COPYWRITE & INTELLECTUAL PROPERTY RIGHTS

  • If You Transmit or Provide Data to Us, It Is Non-Confidential.
  • We do not want to receive confidential or proprietary information from you through our Site.
  • If you transmit to, or post on our Site, any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary.
  • In this case Obzervr shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.
  • The sender of any information to Obzervr is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights.
  • Personal data provided to us will be handled in accordance with our Privacy Policy.
  • By Providing Content, We Do Not Allow You to Use Our Trademarks.
  • The trademarks, service marks, trade names, ABN, images and logos used and displayed on our Site are our registered and unregistered trademarks.
  • Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without the written permission of Obzervr CEO.
  • Obzervr Pty Ltd. enforces our intellectual property rights. The name “Obzervr”, our suite of logos & images, and our product names may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission.
  • You may not use any metatags or any other “hidden text” referencing Obzervrs name or trademarks without the express written consent from Obzervr’s CEO.
  • You shall not use our logo as a hyperlink to our Site unless you obtain our written permission in advance.
  • All Content on Our Website is Copyrighted or intends for the same Copywrite laws to apply.
  • All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of Obzervr Pty Ltd. and is protected by copyright laws.
  • You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.

CHANGES TO TERMS

  • You Must Obey Local Laws in Accessing Site www.obzervr.com.  This Site is controlled by Obzervr Pty Ltd. from our offices within Australia and by employees in the United States of America.
  • Access to our Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law.
  • You may not use or export the materials on this Site.
  • You Are Bound by Changes in these Website Terms of Use. We may at any time revise “Obzervr Website Terms of Use” by updating this posting. By using our Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Website Terms of Use to which you are bound. Certain provisions of these Website Terms of Use may be superseded by other legal notices or terms located on parts of our Site.

INDEMNITY

  • You Agree to Indemnify Us for Using Our Site. You hereby jointly agree to indemnify, defend and hold us and our suppliers or affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, lawyer/ attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site.
  • Or any breach by you of these Website Terms of Use, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws.
  • If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim.
  • We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not, in any event, settle any such matter without our written consent from Obzervr CEO.
  • Third Parties May Have Rights Under This Agreement. Some of the provisions of this agreement are for the benefit of Obzervr Pty Ltd and its affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

MISCELLANEOUS

  • Our failure to insist upon or enforce strict performance of any provision of these Obzervr Website Terms of Use shall not be construed as a waiver of any provision or right.
  • Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Obzervr Website Terms of Use.
  • We may change, suspend or discontinue any aspect of our Site or service at any time.
  • Obzervr Pty Ltd reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice.
  • We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
  • When using www.obzervr.com, you must apply to all applicable laws, including federal and state laws, local laws, the laws of your jurisdiction and the laws regarding the transmission of technical data.
You also agree not to:
  • Display, send, receive, or store obscene or inappropriate content.
  • Threaten, harass, stalk, defame, or fraud any person or entity.
  • Violate the copyright, trademarks, or other intellectual property laws.
  • Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions or other technologies.
  • Attempt to collect, store, or share publicly or personally identifiable information from the Site.
Obzervr Website Terms of Use document follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).
Please read the following terms and conditions “Website Terms of Use” carefully before using this website www.obzervr.com and email any enquiries to info@obzervr.com