Website terms of use (May 2022)

1 Terms of use

( ) In these terms of use, “we”, “us” and “our” means Class Limited ACN 116 802 058, NowInfinity Pty Limited ACN 154 927 376 and our related bodies corporate as defined in s50 of the Corporations Act 2001. Please read these terms of use carefully as they apply to your use of this website, including any content on it but excluding the Products referred to in paragraph (b) (the Website). By accessing or using the Website you agree to be bound by these terms of use.
(a) These terms do not apply to any part of this website for which separate terms of use apply, including any of our online products for which payment is required to access or use (our Products). You must not, however, attempt to access or use any Products if you are not permitted to do so in accordance with those separate terms of use.
(b) We may vary these terms of use from time to time. We will display a notice on the Website indicating when any such variations have been made if we believe they are materially detrimental to you. If you do not agree with these terms of use, or any variations to them, you should immediately cease using the Website.

2 Intellectual property rights

( ) The Website is subject to copyright and possibly other intellectual property rights.
(a) We grant you a limited, non-transferable licence to access and use the Website solely for your personal and non-commercial purposes.
(b) Any use or copying of the Website for any other purpose is expressly prohibited without our prior written consent. You may contact us at support@class.com.au if you wish to seek such consent.
(c) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
(d) Subject to applicable law, we may revoke any of the permissions referred to in this clause 2 at any time and may suspend or deny your access to, or use of, the Website without notice if you breach, or we reasonably believe that you have breached, any of these terms of use.

3 Links

( ) We encourage you to provide links to the Website. While you may use the name “Class” or “NowInfinity” in the text of any such link, you may not use the “Class” or “NowInfinity” logo or any of our other trademarks without our prior written consent.
(a) You must not frame the Website, or represent or imply that any part of the Website belongs to anyone other than us (or our licensors).
(b) If we notify you that we object to the manner in which you provide links to the Website, you must immediately cease providing such links.
(c) The Website may contain links to third party websites and advertisements which include embedded links. Third party websites may also contain links to the Website. We have not reviewed any of these websites or advertisements and are not responsible for their content or accuracy. The inclusion of any links or advertisements on the Website, or on third party websites to the Website does not imply that we endorse the linked site, the advertisement or their subject matter.

4 Accuracy of content

( ) Some of the information on the Website may be provided by third parties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information, and the rest of the information on the Website, will always be accurate, up-to-date or complete.
(a) The material provided and views expressed by other users of the Website or users of our products and services are the materials and views of those users and are not ours.

5 General restrictions

In using the Website, you must not:
( ) provide us with inaccurate or incomplete information;
(a) violate any applicable laws or regulations, or use the Website for any purpose that is unlawful;
(b) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(c) collect or store data about other users of the Website; or
(d) engage in any other conduct that inhibits any other person from using or enjoying the Website.

6 Warranties and liability

( ) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
(a) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
(b) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(c) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(d) If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, to the maximum extent permitted by law, our maximum aggregate liability (and that of our suppliers and licensors) for all claims under or relating to these terms of use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100.
(f) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(g) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

7 Variation of the Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

8 Personal information

In using the Website, you may give us personal information. By using the Website, you consent to us handling your personal information in accordance with:

(a) the NowInfinity Privacy Policy(insert hyper link here) if you are a customer of NowInfinity Products and services; or
(b) the Class Privacy Policy (insert hyper link here) if you are a customer of Class Products and services;
whichever applies to you.

9 Force Majeure

Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.

10 Infringing or objectionable content

If you believe that the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by email at support@class.com.au, and provide particulars of such content and a detailed description of why it is objectionable or infringing. We will respond as necessary, including by removing the infringing material or disabling all links on the Website to the infringing material.

11 General

( ) If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(a) These terms of use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
(b) These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
(c) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
(d) The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
(e) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
(f) The word “including” when used in these terms of use is not a term of limitation.

Date of last revision: 13 May 2022