Star Build - Terms and ConditionsPlease read through these terms & conditions ("the Terms") carefully.
By accessing any Star Building Management Services (Star BMS) web sites ("the Sites") or by otherwise accessing any Content, software, products or services available through the Sites ("the Content"), you are deemed to have entered into an agreement with Star BMS and to have agreed to be bound by the Terms set out below. The Sites are owned and operated by Symland Pty Ltd T/as Star Building Management Services.
1. Intellectual Property Protection
The term "Intellectual Property Rights" means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
All Intellectual Property Rights in the content and design of the Sites and any material emailed to you or otherwise supplied to you in conjunction with our online products are the property of Star BMS. You may not use or reproduce any Star BMS Intellectual Property, including any trademarks, registered or unregistered, for any reason without written permission from Star BMS.
The software, which operates the Sites, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Media Content
You may retrieve and display Star BMS Content on a computer screen or mobile telephone. If you do download material from the Sites all copyright and other notices must be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Sites. In particular, you may not do any of the following without prior written permission. No parts of any Star BMS publication or Sites may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Star BMS Pty Ltd.Any use of Star BMS content not specifically permitted above and on the Sites is expressly prohibited.
3. Licence Fee, Payment, Transactions and Refund Policy
Access to certain Star BMS content may be subject to a fee. All payments (including applicable taxes) must be made in advance in a currency specified by Star BMS. You are responsible for the payment of all charges associated with the use of the There may be opportunities to use the Sites to purchase products or services from third party suppliers. In that event, your contract for such products will be with the third party provider and not with Star BMS. No refunds unless the service is faulty or does not do what we said it would. No refunds for uncompleted training tickets but we will exchange or transfer uncompleted training tickets at the request of our clients. Any product/service specific offers, conditions or terms are stated at the point of purchase for that product/service.
4. Terms and Termination
Star BMS may, at its discretion, terminate or suspend individual or group access to all or part of the Sites (including any right to access and use Star BMS Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Star BMS provided in these Terms or by law.
5. Changes to the Sites
Star BMS reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Star BMS content available on the Sites at any time and to restrict the use and accessibility of the Sites.
6. Registration, Passwords and Responsibilities
Some parts of the Sites require registration. You are solely responsible for the confidentiality and use of and access to the Star BMS content and Sites using your username, password or ID. You agree to immediately notify Star BMS if you become aware of any loss or theft of any username, password or ID or any unauthorised use of a username, password, ID, or any other login details. Star BMS reserves the right to monitor and record activity on the Sites, including access to Star BMS content.
7. Privacy Policy
Star BMS is committed to keeping secure, the personal information customers provide to us. We take all reasonable precautions to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure.
We will not reveal customer information to any external organisation unless we have previously informed the customer in disclosures or agreements, have been authorised by the customer, or are required by law.
- Star BMS will use information provided for the purposes outlined below.
- Star BMS will forward on relevant training reports to nominated third parties only if the customer has advised and given us permission to do so.
- For statistical purposes, Star BMS will summarise your training information to prepare reports on web site use. This information on its own does not identify any individual clients but it does provide us with statistics that we can use to analyse and improve our web sites.
- Star BMS may use client information to advise our products, services and other opportunities.
8. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Sites, Star BMS makes no warranty, express or implied concerning the content of the Sites, which is provided "as is". Star BMS expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will Star BMS, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the content, even if Star BMS has been advised of the possibility that such damages may arise. Star BMS does not guarantee the accuracy or timeliness of the content appearing on the Sites, or that the Sites or related systems are free from viruses or other contaminating or destructive properties. In the event that Star BMS incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this Agreement together with any order and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.
9. Force Majeure
Star BMS, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Star BMS content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
10. Links To Third Party Web Sites
The Sites may contain links and pointers to Internet Sites maintained by third parties. Star BMS does not operate or control in any respect any information, products or services on such third party Sites. Links are provided solely for your convenience, and do not constitute any endorsement by Star BMS and/or its suppliers. You assume sole responsibility for use of third party links and pointers.
11. Miscellaneous
Changes to these Terms
Star BMS may, at its discretion, change these Terms (including those relating to your use of the Sites and/or the Star BMS Content).
Rights of reply
If at any time you, or your organisation, have a complaint or comment to make about the content featured within the Sites they should contact Star BMS.
Invalid Provision
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, Star BMS shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at Star BMS's discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Australia.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Australian and Queensland law. The parties irrevocably agree that the courts of Australia and Queensland shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Australian and Queensland courts.