1. Your Acceptance of Terms and Conditions
2. Intellectual Property in Content on TDP Site
The content of the TDP site (including copyright works, text, material, software, images, graphics, advertisements, databases, sound recordings, cinematograph films, animation, streaming audio and streaming video) (together, “Content”) is copyright © TALENT DEVELOPMENT PROJECT INC and/or its licensors. All Rights Reserved. You must not modify, adapt, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the Content in any way except as expressly permitted on the TDP Site. Provided that you keep all Content intact and in the same form as made available by TDP on the TDP Site, you may, using an industry-standard web browser, temporarily download and view the Content for your personal, non-commercial use but only in the course of browsing the TDP Site. Otherwise no part of the content of this site may be reproduced in any form without the written consent of TDP. All rights not expressly granted are reserved by TDP. The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that TDP does not warrant or guarantee and accepts no responsibility for the accuracy or completeness from time to time of any Content for any purpose. Subject to any statutory provisions which may not be excluded by law, TDP will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or its publication, including any action for copyright infringement, trade mark infringement or defamation.
3. User Licence and Consent
By submitting, posting or placing any information or other material on the TDP Site (together, “Material”) or accessing the TDP Site, you grant to TDP a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Material:
- use, copy, reproduce, adapt, communicate, transmit, broadcast make available, publish, print, publicly perform or display; and
- sublicense to any person the unrestricted right to exercise any of these rights.
4. Use of the TDP Site
The TDP Site may contain a bulletin board, chat forum or other communication facility (“Forum”). By using and accessing the TDP Site or a Forum, you agree that you will not do any of the following:
- post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Material;
- post, communicate or transmit Material which violates or infringes the rights of any other person or party or infringes any law;
- inhibit or restrict any other user from using the TDP Site;
- interfere with the computer systems which support the TDP Site; overload aservice; engage in a denial-of-service attack; or attempt to disable a host;
- post, communicate or transmit any file which contains viruses, worms, “Trojan horses”or any other harmful, contaminating or destructive features;
- access or attempt to access information resources you are not authorised to use;
- impersonate or falsely represent your association with any person or organisation;
- attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassembleany portion of a TDP Site, including the use of automated tools;
- post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising;
- delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures; or
- post, download or communicate any file or material posted by another user of the TDP Site if you know, or reasonably ought to know, that the file or material cannot legally be downloaded or communicated in that manner.
It is your sole responsibility to be aware of the lawfulness of the Material. You acknowledge that all Forum communications are public and not private communications. TDP reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violate or allegedly violate any law. TDP reserves the right to remove without prior notice any posting of Material for any reason in TDP’s absolute and sole discretion but is not obliged to do so.
You agree and acknowledge that:
- TDP is not responsible for any content or material in any Forum (including, without limitation, any information, comments and/or advice of any individual or party referred to as a guest or expert whose statements on a Forum are their own);
- TDP does not authorise or endorse the comments or material of users of the TDP Site or Forum.
Complaints and comments regarding potentially prohibited material on a Forum should be submitted via our email address
5. Linking to the TDP Site
You must not link to any TDP Site without first obtaining the prior written consent of TDP and such consent must be signed by TDP CEO.
6. Third Party Websites
The TDP Site may contain links or references to Internet websites operated by third parties (“Third Party Sites”). TDP provides these links as a courtesy and this should not be interpreted in any way as an endorsement of any Third Party Site. Third Party Sites are not under the control of TDP and TDP is not responsible for the content of any Third Party Site. TDP makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from Third Party Sites.
These Terms and Conditions are effective until terminated by TDP and TDP may terminate this agreement and/or your access or membership to the TDP Site at any time without prior notice to you. In the event that TDP terminates your access to the TDP Site, you are no longer authorised to access the TDP Site.
8. Disclaimer and Limitation of Liability
TDP does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. However, TDP does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the TDP Site arising under custom, law or statute which may be excluded. To the fullest extent permitted by law,
- TDP makes no warranties, either express or implied, regarding the TDP Site, the Content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. TDP does not warrant that your access to the TDP Site, the delivery of the TDP Site or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
- TDP will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access, the TDP Site or any Content, or any product or service, even if TDP has been advised of the possibility of such damages or losses.
- TDP’s liability in respect of any product or service purchased from the TDP Site is limited to the less of (i) the replacement of any product or service purchased; and (ii) the purchase price paid by you to TDP for that product or service.
- TDP is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a TDP Site or a Third Party Site.
You indemnify TDP, its licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and Conditions or any other legal obligation.
TDP’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
12. Rights and Remedies Cumulative
TDP’s remedies and rights are cumulative and none of them limit any other remedy or right of TDP. Your undertakings and obligations are cumulative and none of them limit any other of your undertakings or obligations.
TDP may assign its rights in whole or in part to any person in TDP’s absolute discretion.
14. Governing Law
These Terms and Conditions will be governed and interpreted in accordance with laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
15. Application to Wireless Access
For the avoidance of doubt, these Terms and Conditions equally apply to the use of the TDP Site by wireless means, including mobile telephone and other devices in use now or in the future.
16. Terms and Conditions of Sale
These terms and conditions apply, along with the rest of the Terms and Conditions stated above, when you purchase goods and/or services from TDP through the TDP Site.