Terms and Conditions of Use of the SQL Services Website

For purposes of these terms and conditions of use of the website, “SQL Services” shall mean SQL Australia Pty Limited ACN 614 817 864 and SQL Services Limited CN 674195.

1. Acceptance of Terms and Conditions of Use

SQL Services provides the information contained on this website (“Website”) and any pages comprising the Website to you subject to the terms and conditions of use of the SQL Services website set out in this document ("Terms and Conditions"). By accessing, using, uploading any information to the Website and/or downloading any information from the Website, you accept and agree to the Terms and Conditions. If you do not accept and agree to the Terms and Conditions, do not access, use, upload and/or download any information from the Website.

2. Modification of Terms and Conditions of Use

SQL Services may at any time modify these Terms and Conditions without notice to you and your use of the Website will be subject to the Terms and Conditions in force at the time of such access or use. Accordingly, you should review the Terms and Conditions periodically.

3. Content of the Website

3.1 Whilst every effort is made to update the information contained on this Website on a regular basis, SQL Services to the extent permissible under the law makes no representations or warranties as to the accuracy, completeness or reliability of information, opinions, data and/or content contained on the Website.

3.2 SQL Services reserves the right at any time to change the content or discontinue without notice, any aspect or feature of the Website. No opinions, research information, data or content contained on the Website (and whether posted by SQL Services; its direct and/or indirect subsidiaries or affiliate companies or a third party) should be construed as advice and same are offered for information purposes only.

4. Links to other websites

4.1 Links to the affiliate companies of SQL Services will be provided on the Website for your convenience, however SQL Services will not have any control over the content that is loaded, amended or deleted from such websites and assumes no liability is this regard..

4.2 External links, including links to other websites that are not associated with the affiliate companies of SQL Services, may be provided for your convenience, but they are beyond the control of SQL Services and no representation is made as to their content. The inclusion of any link does not imply endorsement by SQL Services of such site or its contents. Use of or reliance on any external links is at your own risk. No links may be created from any website controlled by you to the Website without the express prior written permission of SQL Services.

5. Copyright and intellectual property rights

5.1 Copyright and all intellectual property rights in all materials, texts, drawings and data made available on the Website (collectively "Materials") are owned by SQL Services or alternatively, SQL Services is the lawful user of them and they are protected by Australian and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.

5.2 The trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Website are the registered and unregistered Trademarks of SQL Services. Nothing contained on the Website should be construed as granting any licence or right to use any Trademark without the prior written permission of SQL Services. Without detracting from this, SQL Services authorizes you to view and use the content of this Website, or any part of it, provided that such content is used for information purposes only.

6. Public forums and user submissions

SQL Services is not responsible for any Material submitted to the public areas by you (which include bulletin boards, chat rooms, or any other public area found on the Website). Any Material (whether submitted by you or any other user) is not endorsed, reviewed or approved by SQL Services. SQL Services reserves the right to remove any Material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that there is a possibility that you may:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

(b) publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

(c) upload files that contain viruses, corrupted files or any other similar software or (computer) programs that may damage the operation of SQL Services 's and/or a third party's computer system and/or network;

(d) violate any copyright, trademark, other applicable laws or intellectual property rights of SQL Services or any other third party; or

(e) submit contents containing marketing or promotional material which is intended to solicit business.

Transmission of information

Information transmitted via the internet to SQL Services is susceptible to monitoring and interception. SQL Services reserves the right to request independent verification in compliance with all applicable laws of any information transmitted and your consent to such verification. You agree not to use the Website to send or post any message or Material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or which violates any applicable laws and you indemnify SQL Services against any loss, liability, damage or expense of whatever nature which SQL Services or any third party may suffer which is caused by or attributable to your use of the Website.

8. Warranties and disclaimers

8.1 SQL Services makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website. To the extent permitted by applicable laws, SQL Services shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature which may be suffered by you or any third party, as a result of or which may be attributable to your access and/or use of the Website and any information contained on the Website and you waive any claims which you may have against SQL Services in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you as a result of or which may be attributable to your use.

8.2 These limitations of liability shall apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages. SQL Services shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance on the Website or any information offered on or via the Website.

9. Privacy and data protection

SQL Services understands the importance of protecting your personal information. The SQL Services Privacy Statement applies to the use of the Website and it also sets out how SQL Services manages your personal information. Any personal information collected from you during your access or use of the Website will be collected and managed as described in the SQL Services Privacy Statement, as amended from time to time, and all applicable privacy and data protection laws.

10. General

10.1 These Terms and Conditions constitute the agreement between you and SQL Services. Neither you nor SQL Services shall be bound by any representation, warranty, promise or the like not contained in these Terms and Conditions..

10.2 All provisions of these Terms and Conditions are severable from each other. Any provision of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these Terms and Conditions shall remain of full force and effect.

10.3 These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Australian courts in respect of any disputes arising in connection with these Terms and Conditions or any matter related to or in connection them.

These Terms and Conditions were last updated on 2 Feb 2020.

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