Terms and Conditions

Last updated on 16 January 2014

These terms and conditions apply to the use of this website, including your participation and contributions and the purchase of services or goods over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable policies, terms and conditions governing the use of this website.

1. Background / Terminology

In these Terms & Conditions:

TH3EL Pty Ltd ('we', 'us', 'our', 'the Company' 'TOP') is the owner of the TOP website cluster ('the Site.')

This page sets forth the Terms and Conditions (the "T & C") that govern your use of the Site including all its pages, intellectual property ('IP') and associated elements.

"Users" (also: 'you', 'your', 'yourself') include Visitors, Associates, Users or Members, or similar term for those viewing the Site, and/or the account entity you represent.

"Content" or "Contents" means the material, including any text, tables, graphics, charts, illustrations, animation, files, audio, video or software code, that is found on this site, whether provided by us or by users.

2. These Terms and Conditions are Binding Upon You.

These T & C should be read in conjunction with your agreement on the Privacy Policy and other Policy documents that may be introduced as required by the Site. Whenever reference is made to the T & C, relevant clauses of these other documents are assumed to apply.

If you do not agree with all of the T & C, you may not use the Site. Your use of the Site indicates your full acceptance of the T & C and agreement that the T & C are binding upon you as set forth herein.

We expressly reserve the rights, to be exercised in our sole discretion:

1. to terminate your use of the Site and the contents contained herein at any time
2. to delay, reject, or remove any and all of your postings on the Site
3. to change the Site and its contents at any time and from time to time
4. to amend, modify, add or remove all or part of the T & C current at any time and from time to time by posting such revised terms and conditions on the Site
5. to discontinue provision of the Site as a whole on the Internet at any time and from time to time.

Accordingly, you may desire to review this page prior to using the Site. For your convenience, the date of the last revision of the T & C is set forth at the top and bottom of this document. The term "you" or "yourself" as used herein, refers both to you as an individual and, if applicable, as an agent, employee or other representative of any person or entity.

If your use of the Site is in your capacity as an agent, employee or other representative of any person or entity, that person or entity shall also be fully bound by the T & C. If you do not have the authority to do this, you must not accept the agreement and must not use the Site.

3. Amendments to these Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

4. The Basic Arrangement

All of the Contents of the Site, including, but not limited to, the text, graphics, icons, images, logos, software and HTML code contained on the Site are protected by relevant copyright, trademark and other laws and are owned solely by us, by Warren Kinston or by our suppliers. You shall not violate or infringe upon our intellectual property rights in this regard.

The Site is set up so that you will naturally and freely have access to all Content in order that you may learn, understand and benefit in personal, relational and social ways at no cost. It is expected and assumed that users will assist in the development of TOP and the application of THEE frameworks and that they will also assist each other via postings and dialogue without expecting any payment or other form of tangible reward.

The Site does not provide you with commercial rights of any sort. Should you wish to profit commercially from the Site and/or its Content, you will need to make a specific arrangement with us in writing.

This should not be construed as a requirement or demand that you cannot apply your increased understanding and knowledge to your situations, both private, in employment or for business or commercial activities generally. We refer to the explicit use of our Content.

Key aspects of your rights and our rights in this regard are described below. If you are unsure on any matter, you should contact us.

5. Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including, without limitation, the warranty of usefulness, merchantability, or fitness for a particular purpose.

To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

6. Exception to Disclaimer

This disclaimer set out in these T & C does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

7. Limitation of Remedies

In no event shall we or any of our officers, employees, affiliates, partners, licensors, agents or suppliers be liable for any special, consequential, incidental, indirect or exemplary damages or any damages for loss of profits, use or data, without regard to the form of action, including, without limitation, contract, warranty, negligence or other tort, strict liability or any other legal theory arising out of or relating in any way to the use of the Site or the copying or use of the content in the Site.

In any event, our total maximum aggregate liability in respect of the use or exploitation of any or all part of the site or its content in any manner whatsoever shall be limited to five ($5.00) Australian dollars.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdiction, the liability of the Company or any of its directors, officers, employees, shareholders, partners or agents shall be limited to the greatest extent permitted by law.

8. Indemnity

You agree to defend, indemnify and hold harmless us and our affiliates and their respective directors, officers, employees, agents, successors and assigns from and against all claims, actions, demands, damages, losses, costs and expenses, including legal costs and expenses, arising from or relating in any way to your breach of the T & C.

9. Specific warnings

You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

Although precautions are taken, we do not represent or warrant that the site or any content available for downloading through the site will be free of malware, viruses, malicious computer code or similar contamination, forms of interference features which may be destructive to your computer system. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

The Site and all content contained herein are provided on an "as is" basis without any warranties of any kind. The website is continually being updated and improved and notices of such changes may be provided as a Really Simple Syndication (“RSS”) service to which you may subscribe if you so desire. However, we give no warranty that the RSS will offer a fully comprehensive coverage of changes, and we have no obligation to inform you of any changes to any contents of the site.

We strive to maintain the accuracy and completeness of the contents of this Site primarily in regard to the goals of TOP. Whilst we have no reason to believe that any of the Content of this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such Content, and although we do update this Site, we do not undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of the Content contained on this Site. You acknowledge and agree that you are responsible for understanding and verifying to your satisfaction all Content on this Site before relying on it.

Responsibility for the content of advertisements that may appear on this website (including hyperlinks to advertisers' own Sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no claim or warranty that the Site or its Content will be error-free, or meet your requirements or that the use of information in the Site will be without personal and/or practical problems for you.

Content contained on this Site relating to services or goods have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant or represent that the Content on this Site concerning those goods or services will satisfy the laws of any other country or that it may be lawfully used by you or repeated in public in any particular jurisdiction or that you may lawfully view or download the Contents of the Site in any jurisdiction. It is your responsibility to determine whether the Contents satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia). You acknowledge and agree that if you elect to access the Site, you are solely responsible for compliance with all laws applicable to your use.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

10. Copyright

Copyright in this Site (including text, graphics, logos, icons, sound recordings, video and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• commercialise any information, products or services obtained from any part of this website;

without our written permission.

Apart from citations or similar extracts for reference, you cannot simply use or superficially modify substantial Content in an article, a book or a website, or print it on a t-shirt, poster, template or other item, and then license, lease or sell it to others for their use, reproduction or re-sale. Such uses require permission and licensing.

All copies of content made and used by you must contain all copyright, trademark, service-mark and other proprietary notices contained in our Site. A link back to our site should be provided.

11. Trade Marks

The TH3EL word and logos, the THEE Online term and logo, and phrases “Technology of Common Sense”, “Wonder & Wander” “Wander & Wonder” “Software of the Mind” and “Artificial Intuition” are trade marks that are the property of Th3el Pty Ltd and Warren Kinston.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

• in or as the whole or part of your own trade marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products or services (including this Site).

12. Restricted Use

We authorize you to use the Site only for lawful purposes and only in accordance with the T & C.

Unless we agree otherwise in writing, you are provided with access to this Site only for your personal and non-commercial use. You are authorised to access, copy download and/or print a copy of any information contained on this Site for your personal and non-commercial use, unless such downloading or printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell Content obtained from this Site.

Except as expressly authorized by us in writing, you may not copy or post or distribute the Content online or off-line via any computer, network system, or any media for purposes that are directly or indirectly commercially or financially beneficial for yourself.

Without limiting the generality of the foregoing paragraphs, you agree that you will not take any action to disrupt or in any way interfere with the full and proper operation of the Site or to violate or penetrate the security for the Site, regardless of your intent.

13. Development of New Material from our Content

You agree that you will not use the Site in any manner that infringes upon the IP rights of any person or entity or that violates the privacy, publicity or any other right of any person or entity.

Ideas in TOP can be used to derive or develop new works and materials that becomes IP that you own and have rights to. Such derivative developmental work constitutes "Permitted Commercial Use" and exists as your IP if the following conditions are met:

The original Content must be fundamentally modified or transformed sufficiently that it constitutes original work entitling you to copyright protection under applicable law, and the primary value of such transformed or derivative work must not be recognizable as our Content.

If there is any doubt that your work is a Permitted Commercial Use, you should contact us for guidance. Any use of the Content that is not a Permitted Commercial Use and not specifically authorized by us shall constitute infringement of copyright. The terms of a license to use our Content will be determined on a case by case basis and may not involve payment.

If you are uncertain about any use, you must contact us to get explicit guidance and rulings.

14. Endorsement

The Site retains the right to endorse on either a pro bono basis or on reasonable commercial terms any business, product, service, cause, association, or other endeavour.

You must not use any Content in a manner that would lead a reasonable person to think that the Site endorses any business, product, service, cause, association, social movement, or other endeavour, unless authorised in writing by us.

If you are uncertain about any use, you must contact us to get explicit guidance and rulings.

15. Authentication and Your Password

An authentication system may be in operation for all or part or parts of the Site at any point in time. Wherever passwords or similar identification information is required, you are responsible for maintaining the confidentiality of your authentication details. You agree that if you become aware of any unauthorized use of your password or other authentication details, you will immediately notify us of such unauthorized use and shall cooperate with us in resolving such unauthorized use.

16. Your Submissions

By submitting any content via comments, emails, postings or similar to us and/or the Site, you grant us and other users of the site a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish and display all such content (in whole or in part) and to incorporate such content in other works in any form, media or technology, whether currently existing or hereafter developed and without necessarily making special reference to you or to the circumstances or other details of your provision of that content.

By submitting any content to us and/or the Site, you represent and warrant to us that you have the unfettered right to convey such a license to us, or that copyright does not apply to that content (e.g. to ideas).

You agree that you will not submit any content that:

1. infringes upon the intellectual property rights of any other person or entity, unless you have the permission of such person or entity to submit the content and thereby grant the license provided herein,
2. violates the privacy or publicity rights of any other person or entity, unless you have the permission of such person or entity to submit the content and thereby grant the license provided herein,
3. is offensive, obscene, defamatory, threatening or abusive
4. advertises any other site or business or
5. contains computer programming routines or code designed to interfere in any way with the full, proper and timely operation of the Site or any computer system associated with it, including the computing system of visitors to the site and site members.

If you are uncertain about any postings or submissions, you should contact us to obtain explicit guidance and rulings.

17. Linked Web Sites

This Site may contain links to other websites ("linked websites") that are not under our control. Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites. We do not guarantee the accuracy of those linked websites and we make no representations whatsoever concerning the content of material of any of the linked sites or their privacy policies.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

If you would like to link to this Website, you may only do so on the basis that you do not replicate any page on this website and do not imply that we are associated with or endorsing any particular ideas, IP, services or products that you may be offering unless you have written agreement to do so.

Our Site welcomes comments on blogs, as well as debate and genuine constructive criticism within other Sites. However, links to our Site should not defame us or cast us in a false or misleading light.

18. Privacy Policy and Your Emails

We undertake to comply with the terms of our Privacy Policy which can be found on this Site. Every effort to protect your privacy will be made, but no guarantee can be offered in this regard.

We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected. More details on information we hold about you and how that information is handled may be found in our Privacy Policy.

19. Purchasing Services and Goods

You may approach us for services or goods requiring payment or you may offer to purchase services or goods that may be described on this website for the price specified by us. Please email us to make any inquiries or requests in regard to purchasing any services or goods from us.

20. No Legal Advice is Provided by Us or the Site

You acknowledge and agree that we do not intend to offer legal advice. We are not practising law or acting as a legal advisor. You accept that nothing contained in the Site is intended to be or constitutes the practice of law or the rendering of legal advice. If you have legal questions concerning your situation or the information you obtain from use of the Site, you should consult with your own legal advisor.

21. Security of information

No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

22. Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

23. Governing law

These terms and conditions are governed by and shall be construed in accordance with the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction and agree that any action concerning the T & C, the Site or your use of the Site and its Contents shall be brought and maintained only in the courts located in Sydney, New South Wales, Australia.

24. Interaction with the Site and Other Users

We take all reasonable steps to ensure that this Website is available 24 hours every day, every day of the year. However there may be downtime due to problems outside our control. We cannot therefore guarantee continuous availability.

Your interactions with other Users are solely a matter between you and the other User. As with any web-based interaction, we suggest that you use caution and good judgement. We hold no responsibility for any interactions between you and other Users on this Site as well as any direct or indirect outcome of those interactions.

25. General Provisions

You specifically agree and acknowledge that you have reviewed this agreement, especially the copyright and intellectual property ownership and use aspects of these T&C, and the privacy policy and you agree to be bound by them.

Except as expressly set forth in additional terms of use of the Site for particular pages or sections of the Site, these T & C constitute the entire agreement and understanding between you and us concerning your use of the Site.

All correspondence about our agreements and policies will be conducted in the English language.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

No provision of the T & C can be waived by either you or us unless such waiver is in writing and is signed by the party against whom such waiver is enforced. Our failure to insist upon or enforce strict performance of any provision of the T & C shall not be construed as a waiver of any provision or right.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

You may not assign any of your rights under the T & C.

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

26. Contact

We welcome feedback on this document.

You may contact TH3EL Pty Ltd in the following ways:

Email: info@thee-online.com

Post: Th3el Pty Ltd, GPO Box 538, Sydney, NSW 2001, Australia

Originally posted: 16 December 2010. Last updated: 16 Jan 2014