The Curious Pty Limited is pleased to provide you with access to its website and related services owned or operated by The Curious Pty Limited (Curious Network) and its related bodies corporate (Curious) on these terms and conditions.
By accessing or using the Curious Network you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the Curious Network) as amended from time to time.
About the Curious Network
Curious publishes or makes available on the Curious Network information, advertisements, product and service offers, Software and links and other content supplied by Curious and third parties (Material). Curious does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Curious Network or on any web site that links from the Curious Network, (including third party display advertisements).
Curious does not provide any warranty in relation to any services advertised on the Curious Network by third parties including, but not limited to, any representation or warranty that the services are fit for the purpose intended or safe for the purpose intended.
Personal and Non Commercial Use Only
Use of the Curious Network is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Curious:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material published on the Curious Network to create any web site or publication or searchable database;
- mirror or frame any web site or page within the Curious Network;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Curious Network or generate or compile any document, index or database based on the Material published on the Curious Network;
- transfer or sell any information, functionality or products or services offered on the Curious Network; or
- undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
If Curious considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Curious’ interests, then Curious may immediately terminate your right to access and use the Curious Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Curious Network.
You are Responsible for the use of the Curious Network
Whilst Curious takes care to ensure that the Material on the Curious Network is correct, current and free from errors, Curious does not warrant the accuracy or completeness of or the representations made in the Material on the Curious Network or any web site that links from the Curious Network or any information received as a result of using the Curious Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
The services and Material made available on the Curious Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or do not do anything; and may not be continually accessible or free from errors or viruses.
You agree to indemnify Curious against any liability, loss, claim or demand if Curious (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
You must keep your username and password to access the Curious Network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Curious that you accept all liability for any unauthorised use of any username and password issued to you.
Services Provided By Curious
If Curious offers services to you, including the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
Services Provided By Third Parties
If services are offered on or through the Curious Network by third parties (sellers):
- Curious does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any person’s services;
- Curious will not be responsible for the terms of any transaction between you and any person; any services purchased by you from any person or; resolving any dispute between you and any person.
Curious Liability to You is Limited
Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any services provided by Curious are HEREBY EXCLUDED.
To the full extent permitted by the law, Curious will only be liable to you:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Curious is limited, at Curious’ option, to (A) supplying the relevant services again or (B) paying the cost of such replacement supply;
- except to the extent that liability cannot be excluded, Curious will not be liable to you:
- for claims arising out of or in connection with your access and use of the Curious Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
- to the full extent permitted by law, Curious will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
- For these purposes, the term Curious will mean Curious, its officers, employees, contractors and agents, whether individually or collectively.
These terms and conditions will survive the expiration or termination of this agreement.
Copyright, Trademarks and Licence
Material on the Curious Network is © The Curious Pty Limited and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Curious. Unless otherwise indicated on the Curious Network, the material on the Curious Network is owned by or licensed to Curious and is subject to copyright (the “Copyright Material”).
- only copy or reproduce the Copyright Material for the purpose of browsing the Curious Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
Curious and other names of Curious product and/or services referenced herein may be trademarks of The Curious Pty Limited. Other product and company names mentioned on the Curious Network may be the trademarks of their respective owners. Nothing displayed on the Curious Network should be construed as granting you any intellectual property rights including the right to use any trademark, without Curious’ (or the relevant owner’s, if applicable) express written consent.
Membership to the Curious Network
If you choose to become a member of the Curious Network, additional products and services may be made available to you.
By becoming a Curious member, you agree to receive electronic communications from Curious about its products and services.
If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
Curious may provide you with the ability to communicate with Curious, the Curious Network, advertisers and users of the Curious Network through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Curious. You should not however, consider Communication Services to have been reviewed, screened, or approved by Curious.
Use of the Communications Services is provided on condition that You do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s computer or damage any of Curious Network’s infrastructure;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Curious;
- download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;
- excessively use the Communications Services in a manner which may hinder or prevent Curious from providing services to any other persons or which may threaten the integrity or use by any person of the Curious Network;
- authorise, aid, abet encourage or incite any person to do any of the above acts.
Curious may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
Any software, including HTML code and ActiveX controls, that is made available to download from the Curious Network (“Software”) is owned by Curious and/or its suppliers.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.
If there is no License Agreement, Curious grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Curious Network in accordance with these terms and conditions, and for no other purpose. You must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
- reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
Curious and Your Privacy
What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Curious May Change These Terms and Conditions
Curious may cease to provide you with access to the Curious Network or any of its services without notice
All rights not expressly granted are reserved.
If you have a question, problem or complaint or need to contact us:
Postal Address: Shop 1, 706 Military Road, Mosman NSW 2088