Please Read Carefully Before Using This Website: 89 Degrees East Pty Ltd, trading as 89 Degrees East maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the 89 Degrees East (the “Website” or “Site”). In these Terms, ‘us’, ‘we’ and ‘our’ means 89 Degrees East. 

Terms applicable to all users

1. Overview

Your use of this website is expressly conditioned upon your accepting and agreeing to these terms of use. By accessing and/or using this website and related services, you agree to be bound by the Terms outlined below and our Privacy Policy. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website. 

2. Changes to terms

89 Degrees East may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Collection notice

Any personal details and data acquired by us from your participation in any services will be used only in accordance with our Privacy Policy.

We may disclose that information to third parties that help us deliver our services, and third party suppliers (such as information technology suppliers and content creators) as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

4. Accuracy, completeness and timeliness of information

While we use all reasonable attempts to ensure the accuracy and completeness of the information on this website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We may, from time to time and without notice, change or add to this website (including these Terms) or the information, products or services described in it. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

5. Copyrights and trademarks

The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Australian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include 89 Degrees East’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of 89 Degrees East. 

89 Degrees East respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of 89 Degrees East is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] 

6. Use of 89 Degrees East content

All intellectual property rights in the content, software and systems owned by or licensed to 89 Degrees East, including but not limited to, logos, names, designs, written copy, videos, audio, trademarks and copyright (89 Degrees East Content) are reserved to 89 Degrees East. 

Such content is provided for your personal, non-commercial use only. Unless specifically noted you may not otherwise reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble 89 Degrees East Content, without obtaining prior written permission from 89 Degrees East.

You agree not to remove, obscure, or alter any 89 Degrees East copyright notice or trademark on any content you access and use. You also agree not to use 89 Degrees East Content in a way that implies endorsement by us or any person included in the materials. You may not use any of the 89 Degrees East content for commercial purposes, without obtaining prior written permission.

7. Links

This website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

You may link to this Website however, 89 Degrees East does not wish to be linked to or from any third-party web site which:

Contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, indecent information of any kind, including, without limitation, any content constituting or encouraging conducts that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or could be harmful to minors, harasses or advocates harassment of another person.

89 Degrees East reserves the right to prohibit, refuse to accept any link to these websites, including, without limitation, any link which contains or makes available any content or information of the aforementioned nature, at any time. You agree to remove any link you may have to these websites upon request of 89 Degrees East.

8. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of this website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

You must take your own precautions to ensure that whatever you select for your use of this website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

9. Spamming

Gathering email addresses from 89 Degrees East through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. 

10. Separate agreements

You may have other agreements with 89 Degrees East. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with 89 Degrees East.

11. No professional advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. 

12. Jurisdiction and governing law

The Website is directed to those individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website. 89 Degrees East makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside Australia. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.