- About The Website
Access to and use of this Website and its associated content is provided by Cannabiz Pty Ltd (ACN 641 234 513) (“Cannabiz”, “we”, “us”, “our”) on the following terms.
Please read these terms and conditions (“the Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
Cannabiz reserves the right to review and change these Terms at its sole discretion. When Cannabiz updates the Terms, it will use reasonable endeavours to provide notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication, and you accept the changed Terms by your subsequent use of the Website.
Before you continue, we recommend you keep a copy of the Terms for your records.
We offer Cannabiz email subscribers and website visitors access to content or information not available to non-subscribing users. Terms and conditions attaching to the use of any subscriber service are in addition to these terms and are incorporated hereto by reference.
- Acceptance Of The Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cannabiz in the user interface. You accept responsibility for use by any user who accesses the Website through your account, however if you use or access the Website through another person’s account these terms are also binding on you.
- Your Data And Your Use Of The Website
Cannabiz implements security procedures to help protect your data from security attacks. However, given the nature of the internet and the cloud:
- Cannabiz cannot guarantee that any data transmission is totally secure. Whilst Cannabiz takes precautions to protect information, Cannabiz does not warrant and cannot ensure the security of any information you transmit to us or the Website. You, therefore, transmit to the Website at your own risk. However, once Cannabiz receives data, Cannabiz will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Website, please contact us immediately via firstname.lastname@example.org;
- Cannabiz cannot guarantee that the Website is free from viruses, malware, fault, human error or other conditions which could damage, use or interfere with your data or computer systems. You must take your own precautions to ensure that your systems are not infected with any such code and assume the risk of any damage or loss as a result of using the Website. You must ensure that your use of the Website and all your data is at all times compliant with all applicable local, state, federal and international laws and regulations (“Laws”).
You represent and warrant that:
- you have obtained all necessary rights, releases, privacy consents and permissions to provide all data you provide to Cannabiz and to grant the rights granted to Cannabiz in these Terms; and
- your data and its transfer to and use by Cannabiz as authorised by you under these Terms do not and will not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorised herein is not inconsistent with the terms of any applicable privacy policies. Cannabiz assumes no responsibility or liability for your data, and you shall be solely responsible for your data and the consequences of using, disclosing, storing, or transmitting it.
Cannabiz may remove or delete your data from the Website without notice and you acknowledge and accept that Cannabiz has no obligation to retain, or to return to you or any other person, any of your data or your materials.
We will comply with our obligations under the Spam Act 2003 (Cth), and may contact you at the email or other address which you provide to us in order to:
- provide you with news alerts and other information which you sign up to receive from us. Where you have signed up for an email with a regular publishing schedule, we reserve the right to send you multiple editions in a day in the event of ‘major or special breaking news”;
- provide you with updated information about our Website; or
- provide you with other information about our products and services which you may enjoy such as partner site announcements, invites, downloads or surveys.
If you wish to stop receiving alert e-mails from us, you can unsubscribe by clicking the “Change Subscription Preferences” link or “unsubscribe from the list” link at the bottom of all emails sent by us.
We do not warrant that we will continue to make online access available generally, or at all, and reserve the right at any time to impose or increase fees for future access to any material appearing on the Website in accordance with our Membership Terms & Conditions.
- Copyright And Intellectual Property
The Website, the content and all of the materials made available by Cannabiz on the Website are subject to copyright protection under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Cannabiz, and/or their contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Cannabiz.
Cannabiz grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are using the Website to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
Cannabiz does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Cannabiz. Cannabiz retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you or any user any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Cannabiz and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- Commenting Guidelines
We are a publication dedicated to news impacting Australia’s legal cannabis industry. We welcome debate and conversation around our stories and in order to facilitate a community that keeps conversation useful, interesting and welcoming we have some guidelines for our commenting system.
We are committed to publishing comments quickly on our site in the interest of promoting a fast-paced and robust conversation. We ask in return that our readers behave respectfully to our commenting moderation.
We encourage readers to engage in spirited discussion but not to use that opportunity to show an undue level of discourtesy to another person. This includes deliberately antagonising other commenters, insulting authors or directing hatred toward public figures.
We reserve the right to choose which comments we deem to be appropriate to be posted and discussed, and which are not. We reserve the right to edit or delete any comments submitted to the Website, particularly those which are offensive, make personal attacks on another reader or could expose us to legal action. If you believe you have read an inappropriate or offensive comment please email us via email@example.com.
We do not guarantee that any comment submitted by any reader will appear or remain on the Website. We reserve the right at any time to restrict access to comments for users with a history of inappropriate behaviour, and the right to close conversations which descend into inappropriate discussion.
Opinions expressed in comments published on the Website should not in any way be interpreted as a reflection or endorsement of the editorial or management team. They are the opinion of the author of the comment and not the wider organisation.
Please help us to keep the Website community respectful and appropriate. We prefer not to have to edit or delete comments on our Website, so please help us uphold this code of conduct so we don’t have to.
- General Disclaimer
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Cannabiz will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of the Website, the content or these Terms (including as a result of not being able to use the Website or content or any delay or interruption to their supply), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Cannabiz make any express or implied representation or warranty about the content or any products or content (including the products or content of Cannabiz) referred to on the Website.
Cannabiz excludes loss or damage you might suffer including as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website;
- your use of the Website or provision of data to the Website, the content, or any of the products of Cannabiz;
- defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct;
- the content or operation in respect to links which are provided for your convenience.
These Terms may be produced and relied upon as a complete defence to any claim made against Cannabiz, its related bodies corporate or their affiliates, employees, agents, contributors and licensors.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Limitation Of Liability
Cannabiz’s total liability arising out of or in connection with the use of the Website, the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the resupply of the Services to you or payment of the cost of having the Services supplied again, at Cannabiz’s discretion.
- Termination Of Contract
If you are using any of Cannabiz’s subscription services and wish to terminate the terms, you may do so by cancelling your subscription in accordance with the applicable terms.
Cannabiz may at any time, suspend or terminate your access to the Website if in Cannabiz’s opinion (which it may exercise in its sole discretion):
- you have (or any person you invite to join on the Website with you has) breached any provision of the Terms or intend to breach any provision;
- Cannabiz is required to do so by law;
- Cannabiz is transitioning to no longer providing the services in the country in which you are resident or from which you use the service;
- your conduct (or the conduct of any person you invite to join on the Website with you) is or may be unlawful, or impacts or may impact Cannabiz’s name or reputation or violates or may violate the rights of another party; or
- the provision of the services to you by Cannabiz, is in the opinion of Cannabiz, no longer commercially viable.
You acknowledge and agree that:
- in accessing the Website, you have relied on your own skill and judgment in determining its and their sufficiency for the use and results which you intend to obtain;
- Cannabiz has made no promise, representation or warranty in respect of the profitability, benefits, outcome or any other consequence in your use of the Website, or in respect of the suitability of the Website to your operations, business or needs.
The rights and obligations of each of the parties under these Terms will survive expiration or termination of these Terms.
Cannabiz has no liability or responsibility for the actions or inactions of the third parties or any subscriber who uses our subscription services.
You agree to indemnify Cannabiz, and their affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of your breach of these Terms or otherwise in connection with the content you provide to the Website;
- any direct or indirect consequences of you accessing, using or communicating on the Website or attempts to do so;
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) in relation to your use of the Website or those of any person you invite to use the Website with you; and
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of any action or notice by a third party, including a regulator, regarding your use of the Website.
- Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
By using the Website, you accept that the provisions of the Terms are fair and reasonable and you have had the opportunity to obtain independent legal advice prior to commencing use. You agree that the Terms are not unfair, unconscionable, or against public policy on the grounds of inequality of bargaining power.
A provision of the Terms will not be interpreted against a party by virtue of that party having proposed the provision.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.