Terms of Use

Disclaimer

Crime Stoppers Australia Limited (CSA), and any of its affiliates or related State/Territory based jurisdictions or government related departments, including State and Federal Police Organisations and other law enforcement agencies (collectively here referred to as “CSA”) licenses Sponsors and Third Parties to use its Crime Stoppers brand. CSA has undertaken all reasonable endeavours to ensure that these companies are of good repute.

However, CSA does not provide any warranty, guarantee, promise or representation in relation to the goods or services that these companies provide, nor does it endorse these products or services. Consumers should rely upon their own enquiries in this regard.

Warning

The entire content of this website including the Crime Stoppers logo (“Logo”) is protected under the Copyright Act (1968). You must not download, copy or otherwise reproduce the Logo or any other part of this website without the express consent of Crime Stoppers. Any unauthorised use of the Logo is also likely to be a breach of the Competition and Consumer Act (2010) as well as the Trademarks Act (1995) as the Logo is a registered Trade Mark. Crime Stoppers views any misuse or unauthorised use of its Logo as a serious offence and will not hesitate to take whatever action is necessary to protect its rights and the rights of the public who may be mislead by such conduct.

Terms of Use

(@January 2008)

1. Scope

1.1

Any use of this web site provided by CRIME STOPPERS AUST.LTD (CSA) and/or its affiliates (“CRIME STOPPERS AUST.LTD (CSA)”), “CRIME STOPPERS AUST.LTD (CSA) Web Site”, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in or where a log-in is not required, in accessing or using the CRIME STOPPERS AUST.LTD (CSA) Web Site these Terms of Use are accepted in their then cur-rent version.

2. Services

2.1

This CRIME STOPPERS AUST.LTD (CSA) Web Site contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.

2.2

CRIME STOPPERS AUST.LTD (CSA) may stop the operation of the CRIME STOPPERS AUST.LTD (CSA) Web Site in full or in part at any time. Due to the nature of the Internet and computer systems, CRIME STOPPERS AUST.LTD (CSA) cannot accept any liability for the continuous availability of the CRIME STOPPERS AUST.LTD (CSA) Web Site.

3. Registration, Password

3.1

Some pages of the CRIME STOPPERS AUST.LTD (CSA) Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. CRIME STOPPERS AUST.LTD (CSA) reserves the right to deny registration to any User. CRIME STOPPERS AUST.LTD (CSA) particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. CRIME STOPPERS AUST.LTD (CSA) is entitled, at

any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as de-fined below), in particular if the User:

• Uses false data for the purpose of registration;
• Violates these Terms of Use or neglects its duty of care with regard to User Data;
• Violates any applicable laws in the access to or use of the CRIME STOPPERS AUST.LTD (CSA) Web Site

3.2

For registration the User shall give accurate information and, where such information changes over time, up-date such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to CRIME STOPPERS AUST.LTD (CSA), is current at all times and an address at which the User can be contacted.

3.3

Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the User shall promptly change the password received from CRIME STOPPERS AUST.LTD (CSA) into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw it’s consent to data processing.

3.4

The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password-protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify CRIME STOPPERS AUST.LTD (CSA) thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5

After receipt of the notice under paragCrime Stoppers Aust.Ltd (CSA)h 3.4, CRIME STOPPERS AUST.LTD (CSA) will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User’s application to CRIME STOPPERS AUST.LTD (CSA) or upon new registration.

3.6

The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event CRIME STOPPERS AUST.LTD (CSA) will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1

The use of any information, software, products and documentation made available on or via this CRIME STOPPERS AUST.LTD (CSA) Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with CRIME STOPPERS AUST.LTD (CSA). Separately agreed to license terms shall prevail over these Terms of Use.

4.2

CRIME STOPPERS AUST.LTD (CSA) grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the CRIME STOPPERS AUST.LTD (CSA) Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by CRIME STOPPERS AUST.LTD (CSA) in making same available.

4.3

Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case CRIME STOPPERS AUST.LTD (CSA) shall make the source code available in return for the payment of costs.

4.4

Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless mandatory law allows such, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.

4.5

The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.

5. Intellectual Property

5.1

Notwithstanding the particular provisions in section 4 of these Terms of Use, information, brand names and other contents of the CRIME STOPPERS AUST.LTD (CSA) Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of CRIME STOPPERS AUST.LTD (CSA).

5.2

Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5.3

Images used on this site may not necessarily depict the actual product described, some images used are merely to convey a general idea to explain a scenario. Images used are either owned by CRIME STOPPERS AUST.LTD (CSA) or have been bought under license agreement. Copying these images from the site is in violation of the Copyright Laws of Australia.

6. Duties of the User

6.1

In accessing or using the CRIME STOPPERS AUST.LTD (CSA) Web Site the User shall not:

1. Harm other persons, in particular minors, or infringe their personal rights;
2. Breach public morality in its manner of use;
3. Violate any intellectual property right or any other proprietary right;
4. Upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
5. Transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
6. Distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball sys-tem, chain letter, pyramid game or similar activity.

6.2

CRIME STOPPERS AUST.LTD (CSA) may deny access to the CRIME STOPPERS AUST.LTD (CSA) Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use..

7. Hyperlinks

The CRIME STOPPERS AUST.LTD (CSA) Web Site may contain hyperlinks to the web pages of third parties. CRIME STOPPERS AUST.LTD (CSA) shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as CRIME STOPPERS AUST.LTD (CSA) does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

8.1

Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

8.2

The information on the CRIME STOPPERS AUST.LTD (CSA) Web Site may contain specifications or general descriptions related to the technical possibilities of individual products, which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase. Images used on this site are to portray concepts, not the actual products for sale themselves.

9. Other Liability, Viruses

9.1

The liability of CRIME STOPPERS AUST.LTD (CSA) for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of CRIME STOPPERS AUST.LTD (CSA) is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual

obligations. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

9.2

Although CRIME STOPPERS AUST.LTD (CSA) makes every endeavor to keep the CRIME STOPPERS AUST.LTD (CSA) Web Site free from viruses, CRIME STOPPERS AUST.LTD (CSA) cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

9.3

Section 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.

10. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the CRIME STOPPERS AUST.LTD (CSA) Web Site, CRIME STOPPERS AUST.LTD (CSA) shall comply with applicable laws on data privacy protection and the CRIME STOPPERS AUST.LTD (CSA) Web Site Data Protection Privacy Policy, which is available per hyperlink on the CRIME STOPPERS AUST.LTD (CSA) Web Site and/or on

www.crimestoppers.com.au

11. Supplementary Agreements, Place of Jurisdiction, Applicable Law

11.1

Any supplementary agreement requires the written form.

11.2

The place of jurisdiction shall be Sydney NSW Australia.

11.3

The individual pages of the CRIME STOPPERS AUST.LTD (CSA) Web Site are operated and administered by CRIME STOPPERS AUST.LTD (CSA) and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. CRIME STOPPERS AUST.LTD (CSA) makes no representation that information, software and/or documentation on the CRIME STOPPERS AUST.LTD (CSA) Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access CRIME STOPPERS AUST.LTD (CSA) Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to CRIME STOPPERS AUST.LTD (CSA) Web Site’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with CRIME STOPPERS AUST.LTD (CSA), the User should contact the CRIME STOPPERS

AUST.LTD (CSA) representative for the particular country for country specific business.

11.4

These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of Australia.