Terms and Conditions

These terms and conditions, together with our Privacy Policy and any additional terms, conditions, notices and disclaimers (“Terms”) displayed elsewhere on www.icumulus.com.au (“the website”) govern your use of and access to the website.

Please read the Terms carefully and, if you do not accept the Terms, do not use the website.

“Us”, “we” or “our” means iCumulus Pty Ltd (ACN 151 741 892). We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the website. Your continued use of the website will constitute your acceptance of any changes. If you object to any changes to the Terms, you should immediately discontinue your use of the website.

These Terms were last updated on 30th April 2012.

The Website

1. While we use reasonable endeavours to ensure that the website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

2. We reserve the right to change or discontinue any feature or service (or part thereof) on the website at any time.


3. To access or use certain parts of the website and/or to receive materials from us, you must register on the website. Registration is free.

4. Our collection, use and management of the personal information you provide to us when you register on the website is governed by our Privacy Policy.

5. We reserve the right, in our sole discretion, to suspend or terminate your registration or access to all or any part of the website, including if we believe you are abusing the services provided on the website in any way or have breached the Terms.

Intellectual Property

6. The material contained on our website is protected by copyright. You may use the website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the website, or create any other material using material on the website, without obtaining our prior written consent.

7. Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.

8. The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by iCumulus or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.

Third party websites, advertising and activities

9. We may feature or display links and pointers on the website to websites operated by third parties. Links to third party websites are provided in accordance with the terms of our Privacy Policy.

10. The website may also feature or display third party advertising. Where we have displayed or featured third party advertising, we do not represent in any way that we recommend or endorse the third party advertiser or their products or services.

11. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk.

No representations or advice

12. The material contained on our website is provided for your information only. The material is not provided or intended to be, and you should not treat or rely on it, as advice. We do not make any representations that the material is accurate or up to date. If you wish to use our services, we will enter into a separate agreement with you which set sets out the terms on which our services are provided.

Limitation of liability

13. You use the website at your own risk.

14. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the website that are not expressly set out in the Terms. In particular, subject to any right that you might have under consumer protection laws, we will not be liable:

(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of this website;

(b) for disruptions to this website; or

(c) to you or anyone else if damage to or interference with your computer systems occurs in connection with use of this website or an external site. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

15. To the extent that our liability for any breach of any warranty or guarantee cannot be excluded by law, our liability will be limited, at our option to:

(a) the resupply of services supplied or offered by us; or

(b) the payment of the cost of having those services resupplied.


16. To the extent permitted by law, you agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the website, including any breach by you of the Terms.


17. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of the provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.

No waiver

18. No waiver of any Term will be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.

Applicable law

19. Your use of this website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this website are subject exclusively to the jurisdiction of the courts of New South Wales, Australia.

20. This website may be accessed throughout Australia and overseas. We make no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.