Terms & Conditions of Use
Last updated: 08/05/08
Please, read carefully and make sure you understand it before accessing the website.
1. Acceptance of Terms and Conditions of Use
The Independent Centre for Analysis and Research of Economies (ACN 110 292 307), hereafter
called ICARE, being owner and operator of www.icare.biz, provides current websites and other
online resources and tools, referred to as “Service”, subject to the following Terms and Conditions
“TC”, which are a legal agreement between ICARE and you, being a “User”.
You, as a User, acknowledge and agree that TC may be updated, revised, or otherwise changed
without prior notice. If you decide to use the Service, you should read and review the current
version of TC, and you are advised to print, or save a copy of these TC for your records. By using
the Service in whatever way, you agree to be bound by these TC and to unconditionally comply
with them. Any future use of the Service, or of previously downloaded or otherwise copied and/or
saved parts of it, should comply with current TC applicable at the time of use.
You, as a User, acknowledge and agree that ICARE shall not by liable neither to you nor to any
other third party neither for any change in these TC nor for any change or cessation of the Service.
2. Use of the Service
You, as a User, acknowledge and agree that any form of access to the Service and/or otherwise
use of the Service is conditional upon your acceptance and compliance with these TC. Should you
do not agree with these TC and for whatever reason do not unconditionally accept them, you may
not use the Service. You may not use the Service, if you are not of legal age to form binding
contract with ICARE, or if you are barred from the law to form binding contract with ICARE and/or
to receive the Service. You, as a User, acknowledge and agree that any access to and/or use of
the Service constitutes your acceptance and agreement to these TC. ICARE will treat the access
to and use of the Service as understanding and unconditional acceptance of TC.
By using the Service in any way, you as the User agree that you are fully responsible for your use
of the Service, including for the use of your account by third parties in whatever way it may happen.
You, as a User, agree to use the Service only for purposes that are permitted by these TC and the
requirements of any applicable laws or other regulations set by the relevant jurisdictions. You, as a
User, agree that you, or third parties using your account will not engage in any activities which
interfere with or otherwise disrupt the Service, or the servers and/or networks linked with the
Service, including but not limited to: email, upload, or make available by other means software
viruses, trojans, and/or other files or programs like spam, junk mail, pyramid schemes, chain
letters which interrupt, limit, destroy or otherwise affect functionality of the Service.
In order to utilize the Service provided, ICARE may require you, as the User, to register. You,
being a User, agree to provide complete, accurate and current information as required. Should
this is not the case and ICARE believes that provided by the User information is incomplete, or
inaccurate, or outdated, or false in any way, ICARE may terminate and/or refuse to provide you the
Service. In such event you acknowledge and agree that you may be prevented from accessing the
Service, your account details, or any other content which is contained in your account.
You, being a User, realize that while using the Service you may find some of the viewpoints
expressed, or any other material available, to be offensive or otherwise objectionable for you. If
this is the case, you as User agree that you’ll terminate using the Service immediately without
seeking any form of compensation from ICARE.
You, as a User, acknowledge and agree that using the Service is not a substitute for a
professional advice and should not be considered as such. Any User of the Service should obtain
the appropriate professional advice relevant to their particular situation and/or circumstances
before making any decisions for action or inaction.
3. Proprietary Rights, Trademarks, Intellectual Property and Copyrights
All information, text, graphics, multimedia presentations, photographs and/or other
material referred to as "Content" provided by the Service are Copyright © 2004-2008
ICARE unless expressly indicated otherwise. The Content is protected by Australian and
international copyright, trademark and intellectual property laws to the maximum extent permitted.
In relation to the Content, unless expressly stated otherwise, you, as a User,
acknowledge and agree that, you must not in any way reproduce, copy, download or
otherwise duplicate in any media available now or in the future, upload to a third party,
post, transmit, republish, distribute or otherwise communicate to the public, create
derivative works or otherwise modify any Content, in full or part, without obtaining in
advance the express written permission of ICARE.
Without the express written permission of ICARE nothing from the Content should be
construed as granting to you, as a User, or to any other third party, any license or other
right to use any Content or trademark presented anywhere in the Service.
You, as a User, agree that you shall not alter, remove or otherwise obscure any
proprietary rights notices presented in the Content and you shall give credit to ICARE
should you get permission to reproduce in any way or media any Content, in full or part.
4. Links to third party websites
ICARE may link the Content to websites or other services owned and operated from third parties.
You, as a User, acknowledge and agree that any form of access to such websites or services is
your convenience only and ICARE has no responsibility for any technical aspects of the links,
neither for the availability, the accuracy or other properties of any content of such links, nor does
the inclusion of any link imply any endorsement of these third parties, their views or of any content
provided by them.
You, as a User, acknowledge and agree that ICARE shall not by liable neither to you nor to any
other third party neither for any loss or damage due to your use of any content of such links nor for
any change or cessation of the availability of such links.
5. Disclaimer of Warranties
You, as a User, acknowledge and agree that your use of the Service and/or obtaining any
Content in whatever way is entirely at your own risk. ICARE provides the Service “AS IS”
and “AS AVAILABLE” and expressly disclaims any warranties or conditions of whatever
kind, either express or implied, to the maximum extend permitted by the law. ICARE, its
directors, employees and/or volunteers as well as the staff of other related entities
disclaim any implied warranty of merchantability, fitness for a particular purpose and
non-infringement. ICARE specifically disclaims any warranty that: (i) the access to the
Service will be error-free, uninterrupted, continuous or secure; (ii) the Content provided
is accurate, complete, up-to-date and reliable; (iii) you will be fully satisfied by using the
Service and the results from your use of the Service will meet your expectations or
requirements. ICARE specifically disclaims any responsibility for any loss of data or any
malfunction or damage on your computer or server or other related system or device,
which result from your use of the Service. ICARE specifically disclaims any warranties or
conditions of any kind for any damage whether direct or indirect, to you, as a User, or to
any other third party resulting from, or by, any Content or advice or any other information
in whatever form provided by ICARE, its directors, employees and/or volunteers through
or from your use of the Service or otherwise.
6. Limitation of Liability
You, as a User, expressly acknowledge and agree that under no circumstances ICARE,
its directors, employees and/or volunteers shall be liable neither to you nor to any other
third party for any kind of direct, incidental, punitive, special, consequential, or indirect
damages incurring out of or related in connection to your, or any other third party’s,
access, use or inability to use the Service, or your acceptance and agreement to these
TC, or any Content in terms of reliability, completeness, accuracy, correctness, or
otherwise. This includes, but is not limited to, damages to anybody’s health and
wellbeing, including damages caused by negligence, loss of profits, goodwill, business
or personal reputation, data or any other intangible assets, any costs related to
substitution of any Content or advice or any other information in whatever form provided
by ICARE, its directors, employees and/or volunteers through or from your use of the
Service or otherwise.
In relation to the provision of goods and services by ICARE the legislation in Australia or other
jurisdictions may confer rights and/or remedies on you, as User, which can not be restricted,
modified or excluded – “Non-excludable Rights”. Herewith ICARE does not exclude any such
Non-excludable Rights, however expressly excludes any other warranties and/or conditions
implied by statute, custom or law.
You, as a User, expressly acknowledge and agree that if for whatever reason ICARE does not
exercise and/or enforce any legal right, provision or remedy contained in these TC or other
applicable jurisdictions, this shall not constitute in any way a waiver of such right, provision or
remedy. Should a court or other competent authority with power to decide on such matter rules that
any provision of these TC has no legal force, or is invalid, you, as a User, and ICARE as provider
agree that the court or the other competent authority should endeavour to recognise the intentions
of both parties, as expressed in the provision, and even if any provision is removed from these
TC, all other provisions will remain valid and in full force and effect.
Should you have any comments or questions, please Contact us.