Terms & Conditions
Data Rules Pty Ltd trades as Industry Moves (industrymoves.com) which is an Australian independently owned business and registered in the State of New South Wales, Australia. ACN 162 208 184 ABN 59 162 208 184.
1.1 These Terms & Conditions govern your use of and access to the Platform. By using the Platform, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, you may not use the Platform.
1.2 We may change, vary or modify all or part of these Terms & Conditions at any time at our sole discretion. If we adopt new Terms & Conditions, we will post them on the Platform and they will thereupon apply to your use of the Platform.
2.1 The purpose and intent of the Platform is to:
(a) Provide users with an online hub of information relating to appointment and departures within the institutional and retail financial services industry.
(b) Provide a tool to disseminate information on appointments and departures to the institutional and retail financial services industry.
2.2 We may make changes to any Services offered on Industry Moves™ at any time without notice.
3. Access to the Platform
3.1 While we use reasonable endeavours to ensure that the Platform is available continuously, we do not represent or warrant that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits.
3.2 The Platform and their Content are delivered on an as-is and as-available basis.
3.3 Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control or simply because we wish to do so.
3.4 Except as expressly provided otherwise in these Terms & Conditions, we reserve the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Platform at any time.
4. Registered Users – Collection of information & Privacy
4.1 We collect Personal Information from you for the purpose of analyzing readership in order to:
(a) Improve, manage and enhance our Services and the online experience for users
(b) Give a broad overview of our audience to potential advertisers
(c) Communicate with users regarding updates to our service
(d) Assist us to think creatively of the services we can offer to different readership sectors
(e) Provide users with a regular update of amalgamated industry moves via our e-newsletter
(f) Carry out any other purpose we reasonable require relating to these Terms & Conditions.
4.2 We will only collect, use or store your Personal Information in accordance with the purposes outlined above.
4.3 We will not disclose your personal information to third parties unless required by law or with your consent.
4.4 You are responsible for maintaining the confidentiality of passwords and other account identifiers.
4.5 By registering on the Platform, you agree that account and password details are personal to you and may not be used by anyone else to access the Platform.
4.6 You acknowledge and agree that transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others.
4.7 If you no longer wish to be a subscriber of our weekly newsletter and you are unable to unsubscribe electronically, please send your unsubscribe request to firstname.lastname@example.org.
5. Third party advertising + websites
5.1 The Platform displays advertising material submitted by third parties. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
5.2 The Platform may feature or display links and pointers to websites operated by third parties. Such websites do not form part of the Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you navigate to any such websites, you leave the Platform entirely at your own risk.
5.3 If you contact a person using functionality provided on the Platform, we do not accept any responsibility for any communications or transactions between you and the relevant person.
5.4 If you would like to advertise on the Platform, please see Advertise for more information.
6. Content disclaimer
6.1 You assume total responsibility for your use of the Platform and any linked independent third-party websites.
6.2 Except where expressly stated otherwise, Content on the Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
6.3 Though we have endeavoured to do so, we do not make any representation or warranty that any Content on the Platform will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
6.4 We will not be liable for loss resulting from any action or decision by you in reliance on the Content on the Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
6.5 You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance.
6.6 Your sole remedy against us for dissatisfaction with the Platform or any Content is to stop using the Platform.
7. Notice of infringement
7.1 If you wish to send us a copyright infringement notification, you will need to identify the Content or Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information and send it to us at email@example.com.
8. Limitation of liability
8.1 All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms & Conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
8.2 Any liability arising in relation to your use of the Platform, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
9. Intellectual property
9.1 The Platform contains Content that is protected by our Intellectual Property Rights, including Industry Moves™ which is a registered trademark of Data Rules Pty Ltd.
9.2 Except as expressly provided otherwise in the Terms & Conditions, you do not have any right, title or interest in or right of use of any Content on the Platform.
9.3 Except as expressly provided in these Terms & Conditions, no part of the Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.
10. Material of contributors
10.1 By uploading, transmitting, posting or otherwise making available any Material via the Platform (where permitted), contributors to the Platform:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) warrant to us that you have the right to grant the above mentioned licence;
(c) warrant to us that the Material does not breach the Terms & Conditions; and
(d) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
10.2 We reserve the right (but have no obligation) to:
review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms & Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
11.1 Standard cookies are used to track login sessions. No other information is stored. Cookies are not persistent and expire at the time of logout. We do not use any cookies that may affect our users on sites other than the Platform.
12. Refund Policy
12.1 Purchasers acknowledge that Data Rules Pty Ltd, trading as Industry Moves, has a general “no refund” policy with respect to the purchase of reports due to the nature of the information being sold.
12.2 A sample of the report is available prior to purchase.
12.3 Unfortunately we cannot accept returns of products once they have been delivered.
12.4 If you have any questions about a report's accuracy, coverage or relevance please contact firstname.lastname@example.org.
13.1 Industry Moves delivers reports in an electronic format within 3 working days of receipt of payment.
14. Google Analytics
14.1 The Platform involves the use of Google Analytics to analyse usage statistics. This analysis is performed using data collected from the Platform and is used to improve the experience of our users and to analyse the usefulness of our product. No personal information is collected by Google Analytics.
15.15 You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) arising directly or indirectly that we may incur as a result of:
(a) your breach or alleged breach of these Terms & Conditions;
(b) any Material that you contribute or post to the Website; and
(c) your use of or access to any websites operated by third parties and/or any dealings with such third parties linked from the Platform.
15.2 You shall ensure that the Platform is used only for lawful purposes and in accordance with any applicable laws.
15.3 We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms & Conditions. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms & Conditions without our prior written consent.
15.4 Each clause in these Terms & Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
15.5 No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
15.6 These Terms & Conditions shall be governed by the laws of the State of New South Wales.
16. Interpretation + Definitions
16.1 Personal pronouns: Except where the context otherwise provides or requires:
(a) the terms we, us or our refers to Data Rules Pty Ltd; and
(b) the terms you or your refers to a user of the Platform.
16.2 Defined terms: In these Platform Access Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Material means any material in which have been provided to us for use on the Platform or in the production, development and supply of the Services to you including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material. Personal Information means, without limiting its definition under the Privacy Act, information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion (regardless of its source).
Platform means the website www.industrymoves.com and any equivalent or alternative platform and/or website owned, provided and/or operated by us for the purposes of providing the Services. Services means those services offered by us through the Platform, further details of which are set out in clause 2.
Terms & Conditions means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.