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Terms & Conditions

TERMS & CONDITIONS

Welcome to the NSI Global Counter Intelligence web site (“website”) which is owned, operated and administered by NSI Global Counter Intelligence Pty Ltd (“NSI”, “NSI Global Counter Intelligence”) with Australian Business Number 82 625 631 174. NSI makes available this website, subject to the Terms and Conditions (“Terms”, “Conditions”, “Conditions of Use” or “Agreement”). This Agreement explains a contractual agreement between you (“user”, “you”, “your”) and NSI regarding your use of this website. Please read the Conditions of Use carefully, together with the Privacy Policy. By using this website, you agree to the Conditions of Use. If you do not agree to these Conditions, do not use this website. Please read these Conditions in conjunction with NSI’s Privacy Policy to understand how your personal information will be treated as you use the website.

USE OF THIS WEBSITE

The website is for information use only and the information presented is for guidance only and is not intended to form any part of a contract and is subject to change without notice. NSI Global Counter Intelligence has used reasonable steps in creating the content of the website but makes no guarantee on the accuracy, completeness or adequacy of any information, nor that the website does not infringe the rights of any third party.

LIMITATION OF LIABILITY

In no event shall NSI Global Counter Intelligence, its affiliated or related entities or third parties, nor any of its or their respective directors, officers, employees, affiliated or related entities involved in the creation, production, distribution and hosting of this website, be liable for any errors, omissions or for any actual, direct, indirect, consequential, incidental, punitive, or cumulative losses, damages or claims arising out of or in connection with the use, availability or inability to use the website, or for any errors, misrepresentation, reliance or omissions, whether arising under contract, warranty, tort, or negligence. NSI Global Counter Intelligence does not accept duty of care in negligence to you. You are responsible for what you choose to do with the information on the website. NSI Global Counter Intelligence accepts no responsibility or liability for and makes no warranties that the functions contained on the website will be error free, uninterrupted or that accessing the website will not expose you to any virus or harmful elements.

You agree that the material accessed or downloaded through the use of NSI Global Counter Intelligence’s websites is obtained entirely at your own risk and that you shall be entirely responsible for any resulting damage to computer systems, software and/or any resulting loss of data even if NSI Global Counter Intelligence has been advised of the possibility of such damage.

INDEMNIFICATION

NSI Global Counter Intelligence reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold NSI, its directors, officers, employees, affiliated or related entities, agents, suppliers, third parties and agents, harmless from and against any and all claims, actions, costs, demands, losses, liabilities, and damages of any kind (including legal fees) resulting from your use of this website, your breach of any provision of these Conditions and/or any negligent acts, omissions or intentional wrongdoing by you relating to or arising from your use of this website.

WARRANTY

All content, information, products and services on this website, unless otherwise expressly stated in writing by NSI, are provided “as is” and without warranties of any kind, either express or implied.

Neither NSI, its associated or related entities, nor any person involved in the creation, production, hosting and/or distribution of this website, nor the third party, warrant that the functions, features or services contained in this website will be uninterrupted, that faults will be modified, or that the server that makes the content accessible will be free of viruses or other damaging components. The content that you access on this website is delivered only for your information. NSI does not warrant or make any representations concerning the results that may be attained from the use of this website, or as to the consistency or accuracy of any content, service, pursuant to your use of this website. Your use of this website is at your own risk. You, not NSI Global Counter Intelligence, accept the entire cost of all necessary servicing (including, without limitation, your internet connection) and repair or improvement of your computer, network, and/or server and system.

INTELLECTUAL PROPERTY RIGHTS

All trademarks, logos and devices on the website, whether registered or unregistered, are owned by NSI Global Counter Intelligence and its licensors (unless specifically stated). All layout, content and arrangement on the website are the copyright of NSI Global Counter Intelligence and its licensors, with all rights reserved, unless specifically stated.

NSI Global Counter Intelligence (and its licensors) is and remains the proprietor of the content of the website. You are permitted to download and print content from the website solely for your personal use. The websites content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without NSI Global Counter Intelligence’s express written permission. You are specifically not entitled to use the content of the website for commercial exploitation in any circumstances.

  • General Data Protection Regulation (GDPR) NSI Global Counter Intelligence strictly adopts all reasonable steps to comply with the GDPR data protection legislation in accordance with its Privacy Policy.
  • California Consumer Privacy Act 2018 (CCPA) NSI Global Counter Intelligence strictly adopts all reasonable steps to comply with the CCPA data protection legislation in accordance with its Privacy Policy.
  • Nevada Privacy Law NSI Global Counter Intelligence strictly adopts all reasonable steps to comply with the Nevada Law SB220 data protection legislation in accordance with its Privacy Policy.

DEVICES

You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content they contain without our prior express written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the NSI Global Counter Intelligence website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or infrastructure.

LINKS

NSI Global Counter Intelligence may provide links to other websites as part of the website. You acknowledge that NSI Global Counter Intelligence does not control such third-party websites and is not responsible for their content, NSI Global Counter Intelligence will not be a party to any transaction or contract with a third party that you may enter into via such websites. NSI Global Counter Intelligence shall not be liable to you in respect of any loss or damage which you may suffer by using those websites, and you agree that you will not involve NSI Global Counter Intelligence in any dispute between you and the third party.

You may only link to the website with NSI Global Counter Intelligence’s authorisation and provided that you do so in a way that is fair and legal and does not damage NSI Global Counter Intelligence’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of NSI Global Counter Intelligence unless it has given you its written permission to do so.

GOVERNING LAW AND DISPUTE RESOLUTION

To the fullest extent permitted by law, you agree that all matters relating to your access to or use of the website and NSI Global Counter Intelligence's Services, including all disputes, will be governed by the laws of Australia and by the laws of the State of New South Wales.

Nothing in these Conditions will be deemed to waive, exclude, or otherwise limit either of our rights to:

  • bring an individual action in an Australian small claims court,
  • pursue enforcement actions through appropriate Australian federal, state, or local law enforcement agencies where such actions are available,
  • seek injunctive relief in an Australian court of law, or
  • to file suit in a court of law to address intellectual property violation claims.

To the degree that any litigation or court proceeding is allowable under these Conditions, you agree to submit to the personal and exclusive jurisdiction of the state courts located in New South Wales and federal courts located in Australia for the purpose of filing all such disputes.

You agree that any claim under these Conditions must be brought within one year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer and digital records and electronic evidence in any dispute herein. You agree that no class action may be pursued or maintained with respect to any dispute regarding these terms

ACCESSIBILITY AND VIOLATION OF THESE TERMS

You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these Conditions of Use and that they comply with them.

As part of using the website you may be asked to set-up a username and password. You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that are carried out under them.

NSI Global Counter Intelligence does not have the means to check the identities of people using the website and will not be responsible for losses suffered by you where your username or password is used by someone else unless this is due to our negligence. You agree to notify NSI Global Counter Intelligence immediately, if you become aware of or suspect any unauthorised use of your password or username.

You confirm that: (a) any information and details provided by you to NSI Global Counter Intelligence (including on registration) are true, accurate and up to date in all respects and at all times; and (b) you will at all times comply with these Conditions of Use.

You agree that in using the website you will not:

  • use the website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else’s use and enjoyment of the website;
  • use the website in any way that interrupts, damages, impairs or renders the website less efficient;
  • impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
  • transfer files that contain viruses, trojans or other harmful programs;
  • authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the website;
  • penetrate or attempt to penetrate the websites' security measures; or
  • email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.

NSI Global Counter Intelligence may, by exercising its sole discretion, terminate or suspend access to all or part of the website without any notice and for any reason. Any suspected illegal, fraudulent or abusive activity may be grounds, but are not exclusive, for terminating your use of the website. This shall not limit NSI Global Counter Intelligence’s right to take any other action against you that it considers appropriate to defend its rights or those of any other person.

NSI Global Counter Intelligence may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the NSI Global Counter Intelligence's rights or property, or the rights or property of visitors to or users of the Web Site.

NSI Global Counter Intelligence reserves the right at all times to disclose any information that NSI Global Counter Intelligence deems necessary to comply with any applicable law, regulation, legal process, or governmental request. NSI Global Counter Intelligence may also disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You also agree that any violation by you of these Terms of Use will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances.

These remedies are in addition to any other remedies the Company may have at law or in equity.

GENERAL

These terms and conditions are to be governed and interpreted in line with Australian Law and the exclusive jurisdiction of the New South Wales Courts.

Any omission by NSI Global Counter Intelligence to exercise any rights it has under these terms and conditions does not constitute a waiver of such right, unless expressly accepted by NSI Global Counter Intelligence in writing. If any part of these Conditions of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

NSI Global Counter Intelligence may wish to transfer its rights or obligations or sub-contract its obligations under these Conditions of Use to another legal entity. You agree that NSI Global Counter Intelligence may do so provided that this will not adversely affect the standard of the service you receive under these Conditions of Use.

These Conditions of Use are personal to you. You may not transfer your rights or obligations under these Conditions of Use to anyone else. These Conditions of Use are not intended to give rights to anyone except you and NSI Global Counter Intelligence. NSI reserves any rights not expressly granted or stated in these Conditions.

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