OUR WEBSITE
Thank you for visiting our website.
The website is operated by Our Ark Management Pty Limited (ACN: 619 600 118) ‘Our Ark Management’ for Our Ark Mutual (ACN 627 006 213) 'Our Ark'. In these Terms of Use, “our website” refers to all information, services, text, graphics and other data contained under the domain name https://ourark.com.au “we”, “our”, and “us” refers to Our Ark and its related entities; and “you” or “your” refers to the person accessing our website. We grant you a non-transferable, non-exclusive, worldwide, royalty-free, revocable licence to use our website in accordance with these Terms of Use. All other uses of this website are prohibited unless you have received our prior written consent.
ACKNOWLEDGEMENTYour access and use of our website acknowledges your acceptance and your agreement to these Terms of Use and our Privacy Policy. Any failure or partial failure by us to exercise any right, power or remedy under these Terms of Use shall not operate as a waiver of our rights. These are the current Terms of Use and replace any other Terms of Use previously published on our website to date.
Unless otherwise indicated, Our Ark Management owns or licences all rights, title and interest (including intellectual property rights) in this website. By your use of our website you are taken to have accepted its ownership and your use of our website does not grant or transfer rights, title or interest in relation to the intellectual property or our website to you.
You must not:
copy or use, in whole or in part, our website;copy, transmit, distribute or disseminate, sell, publish or broadcast our website to any third party; orbreach any intellectual property rights connected with our website. You must not (and must not attempt to) engage in any conduct that is in breach of any law, or which may reasonably bring Our Ark, Our Ark Management or their suppliers, into disrepute.
This includes but is not limited to:
using information obtained from our website for any unlawful purpose, to transmit or authorise the transmission of junk mail, chain letters, or unsolicited emails, or otherwise engage in harassment or inappropriate conduct; or
interfering with, disrupting, or otherwise wilfully influencing the operation of this website, or any server or network underlying the website, or anyone else's use and enjoyment of the website.VARIATIONOur Terms of Use may be varied at any time without notice (where permitted by law) for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our website, by publishing the varied Terms of Use on our website. We will indicate on our website that these Terms of Use have changed; however, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use.
You accept that by doing this, we have provided you with sufficient notice of the variation. By your use of our website after any variation, you are taken to have accepted the new Terms of Use.PRIVACYThe privacy and security of our customers is extremely important to us. We are committed to protecting the privacy of the personal information we hold and to handling it in a secure and responsible manner. Our website will record and track the use you make of our website and certain data items will be collected and used by us. Please read our Privacy Policy located on this website, which explains how we collect store and use certain information provided to us.
DISCLAIMER AND WARRANTY
The materials on our website are provided on an 'as is' basis and to the fullest extent permitted by law, Our Ark Management and Our Ark hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a purpose, or non-infringement of intellectual property or other violation of rights. Further, while all reasonable efforts will be made to ensure the content on the website is correct, neither Our Ark nor Our Ark Management warrants, guarantees or makes any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. Further, neither Our Ark nor Our Ark Management warrants, guarantees or makes any representations that the website is free of viruses or other harmful components. Your use of the website is at your own risk and you are solely responsible for your use of the website.
The materials on the website should not be considered as a comprehensive statement on any matter, nor do they amount to a financial, legal or tax advice and you cannot rely on it as such. You should seek appropriate professional advice before making any financial decisions. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content available through the website. In preparing the website and its contents, neither Our Ark Management nor Our Ark had taken into account your objectives, financial situation or needs.
LIMITATIONS
In no event does Our Ark or Our Ark Management or their suppliers assume any responsibility for, nor shall they be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our website, (including where the website is temporarily unavailable due to technical issues as well as causes beyond their reasonable control) even if any of them has been notified orally or in writing of the possibility of such damage. You agree that your use of the website is entirely at your own risk and to the fullest extent permitted by law you release and hold harmless Our Ark, Our Ark Management and their suppliers from liability for any damages. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
TERMINATION
These Terms of Use have effect until they are terminated by us, and we may terminate them and your access at any time and without providing notice. We may exclude any person from using our Site at our sole discretion. We may, at any time and without notice, discontinue our website in whole or in part. All limitations and restrictions contained in or imposed by these Terms of Use will survive termination, discontinuance of the website or exclusion of any person. We are not responsible for any loss, liability, or damage that any person suffers as a result of or arising from or in connection with any such discontinuance or exclusion.
WAIVER & SEVERABILITY OF TERMS
Any failure on our part to exercise or enforce any right or provision of these Terms of Use does not and shall not constitute a waiver of that right or provision. If a provision of these Terms of Use is held to be void, invalid, illegal or unenforceable:
the provision must be read down in whole or in part, as necessary to ensure the provision is held to be valid, legal or enforceable; and
(if it is not possible to read down a provision), the provision or any part of the provision is severed from these Terms of Use, and the validity, legality or enforceability of the remainder of the Terms of Use are not affected.
MISCELLANEOUS
A reference to ‘you’ includes your successors, executors, administrators, representatives (including legal representatives), and permitted substitutes or assigns. You warrant that these Terms of Use constitute a legally binding obligation on you. You may not assign these Terms of Use. Nothing in these Terms of Use shall act to or be deemed to create any relationship of nature between you and us (including but not limited to partnership, agency, employment, or joint venture). We may at any time assign our rights and obligations set forth in these Terms of Use or elsewhere on the website.
GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
If you have any concerns, questions or feedback in relation to these Terms of Use or our website, you can contact us at hello@ourark.com.au
Our Ark acknowledges the Traditional Custodians of the land on which we operate, live, and gather as employees, and recognise their continuing connection to land, water and community. We pay respect to Elders past and present.
