TERMS OF USE

This website (Site) is operated by Architectural Research – Material Applications Pty Ltd, ABN: 38 150 988 882 (we,our or us).  It is available at: ar-ma.net and may beavailable through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to theseterms of use [and our Privacy Policy (available on our Site)

(Terms). Please read these Terms carefully and immediately ceaseusing our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary theseTerms by publishing the varied terms on our Site. We recommend you check ourSite regularly to ensure you are aware of our current terms. Materials andinformation on this Site (Content)are subject to change without notice. We do not undertake tokeep our Site up-to-date and we are not liable if any Content is inaccurate orout-of-date.

Licence to use our Site: We grant you a non-exclusive,royalty-free, revocable, worldwide, non-transferable licence to use our Site inaccordance with these Terms.  All otheruses are prohibited without our prior written consent.

Prohibited conduct: You must not do orattempt to do anything: that is unlawful; prohibited by any laws applicable toour Site; which we would consider inappropriate; or which might bring us or ourSite into disrepute, including (without limitation):

(a)   anything that would constitute a breach of anindividual’s privacy (including uploading private or personal informationwithout an individual's consent) or any other legal rights;

(b)  using our Site to defame, harass, threaten,menace or offend any person;

(c)   interfering with any user using our Site;

(d)  tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interferingwith our Site, including (without limitation) using trojan horses, viruses or piracyor programming routines that may damage or interfere with our Site;

(e)   using our Site to send unsolicited emailmessages; or

(f)    facilitating or assisting a third party to doany of the above acts.

Exclusion of competitors: You are prohibited from using our Site,including the Content, in any way that competes with our business.  

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for generalinformation purposes only.  It does nottake into account your specific needs, objectives or circumstances, and it isnot advice.  While we use reasonableattempts to ensure the accuracy and completeness of the Content, we make norepresentation or warranty in relation to it, to the maximum extent permittedby law.

IntellectualProperty rights: Unless otherwise indicated, we own or licence all rights,title and interest (including intellectual property rights) in our Site and allof the Content. Your use of our Site and your use of and access to any Contentdoes not grant or transfer to you any rights, title or interest in relation toour Site or the Content. You must not:

(a)        copy or use, in whole or in part, any Content;

(b)        reproduce, retransmit, distribute, disseminate,sell, publish, broadcast or circulate any Content to any third party; or

(c)         breach any intellectual property rightsconnected with our Site or the Content, including (without limitation) alteringor modifying any of the Content, causing any of the Content to be framed orembedded in another website or platform, or creating derivative works from theContent.

User Content:You may be permitted to post, upload, publish, submit or transmit relevantinformation and content (User Content)on our Site.  By making available anyUser Content on or through our Site, you grant to us a worldwide, irrevocable,perpetual, non-exclusive, transferable, royalty-free licence to use the UserContent, with the right to use, view, copy, adapt, modify, distribute, license,sell, transfer, communicate, publicly display, publicly perform, transmit,stream, broadcast, access, or otherwise exploit such User Content on, throughor by means of our Site.

You agree that you are solely responsible for all User Content that youmake available on or through our Site. You represent and warrant that:

(a)        you are either the sole and exclusive owner ofall User Content or you have all rights, licences, consents and releases thatare necessary to grant to us the rights in such User Content (as contemplatedby these Terms); and

(b)        neither the User Content nor the posting,uploading, publication, submission or transmission of the User Content or ouruse of the User Content on, through or by means of our Site will infringe,misappropriate or violate a third party’s intellectual property rights, orrights of publicity or privacy, or result in the violation of any applicablelaw or regulation.

We do not endorse or approve, and are not responsible for, any UserContent. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operatedby third parties.  Unless expresslystated otherwise, we do not control, endorse or approve, and are notresponsible for, the content on those websites. You should make your own investigations with respect to the suitabilityof those websites.  

Discontinuance: We may, at any time and without notice to you,discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and atour sole discretion. We are not responsible for any Liability you may sufferarising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law,we make no representations or warranties about our Site or the Content,including (without limitation) that:(a)   they are complete, accurate, reliable,up-to-date and suitable for any particular purpose; (b)  access will be uninterrupted, error-free or freefrom viruses; or(c)   our Site will be secure.You read, use and act on ourSite and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, weare not responsible for any loss, damage or expense, howsoever arising, whetherdirect or indirect and/or whether present, unascertained, future or contingent(Liability) suffered by you or anythird party, arising from or in connection with your use of our Site and/or theContent and/or any inaccessibility of, interruption to or outage of our Siteand/or any loss or corruption of data and/or the fact that the Content isincorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you mustindemnify us, and hold us harmless, against any Liability suffered or incurredby us arising from or in connection with your use of our Site or any breach ofthese Terms or any applicable laws by you. This indemnity is a continuingobligation, independent from the other obligations under these Terms, andcontinues after these Terms end.  It isnot necessary for us to suffer or incur any Liability before enforcing a rightof indemnity under these Terms.            

Termination: These Terms are effective until terminated by us,which we may do at any time and without notice to you.  In the event of termination, all restrictionsimposed on you by these Terms and limitations of liability set out in theseTerms will survive.

Disputes: In the event of any dispute arising from, or inconnection with, these Terms (Dispute),the party claiming there is a Dispute must give written notice to the otherparty setting out the details of the Dispute and proposing a resolution. Within7 days after receiving the notice, the parties must, by their senior executivesor senior managers (who have the authority to reach a resolution on behalf ofthe party), meet at least once to attempt to resolve the Dispute or agree onthe method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, exceptthe fact of the occurrence of the conference, will be privileged. If theparties do not resolve the Dispute, or (if the Dispute is not resolved) agreeon an alternate method to resolve the Dispute, within 21 days after receipt ofthe notice, the Dispute may be referred by either party (by notice in writingto the other party) to litigation.

Severance: If a provision of these Terms is held to be void,invalid, illegal or unenforceable, that provision must be read down as narrowlyas necessary to allow it to be valid or enforceable. If it is not possible toread down a provision (in whole or in part), that provision (or that part ofthat provision) is severed from these Terms without affecting the validity orenforceability of the remainder of that provision or the other provisions inthese Terms.

Jurisdiction: Your use of our Site and these Terms are governed bythe laws of New South Wales.You irrevocably and unconditionally submit to the exclusive jurisdiction of thecourts operating in New South Wales and any courtsentitled to hear appeals from those courts and waive any right to object toproceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (includingintellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying withthe laws of the jurisdiction where you access our Site. For any questions and notices, pleasecontact us at:Architectural Research - Material Applications Pty Ltd, ABN 38 150 988 882.

Email: mail@ar-ma.net

Last update: 2023