NOTICE

The Pastoral NetCare Web site is made up of various Web pages, applications and databases operated by PNC Online Pty Limited (“PNC”). Pastoral NetCare is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms and Conditions”). Your use of Pastoral NetCare constitutes your agreement to all such Terms and Conditions.

MODIFICATION OF THESE TERMS OF USE

Pastoral NetCare reserves the right to change these Terms and Conditions without notice. You are responsible for regularly reviewing these Terms and Conditions, which are available from Pastoral NetCare. Your continued use of Pastoral NetCare constitutes your agreement to all such Terms and Conditions.

LINKS TO THIRD PARTY SITES

Pastoral NetCare may contain links controlled or offered by third parties (non-affiliates of PNC). Pastoral NetCare disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked from PNC. By creating a link to a third party Web site Pastoral NetCare does not endorse or recommend any products or services offered or information contained at such linked Web site, nor is Pastoral NetCare liable for any failure of any products or services offered or advertised at such linked Web site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked Web site. Any dealings with third parties (including advertisers) included within Pastoral NetCare or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. Pastoral NetCare shall not be responsible or liable for any part of any such dealings or promotions.

UNLAWFUL OR PROHIBITED USE

As a condition for your use of Pastoral NetCare, you agree that you will not use Pastoral NetCare for any purpose that is unlawful or prohibited by these Terms and Conditions. Pastoral NetCare is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use Pastoral NetCare in any manner which could damage, disable, overburden or impair PNC, the networks connected to PNC, or interfere with any other party’s use of PNC. You may not attempt to gain unauthorised access to PNC, other accounts, computer systems or networks connected to Pastoral NetCare by any means, including without limitation, hacking or password mining. You may not obtain or attempt to obtain any materials or information, including without limitation, any client information, through any means not intentionally made available through PNC.

RIGHT TO USE INFORMATION PROVIDED

Pastoral NetCare reserves the right to use the information provided by you, within the registration process and also the updating of organisational details for the operation of PNC. Your information will not be sold or given to any third parties or used for marketing purposes.

USE OF COMMUNICATION SERVICES.

Pastoral NetCare enables agencies to make and receive referrals with other agencies using multiple communication protocols, including web, email, short message service (SMS) and facsimile (fax). Pastoral NetCare may also contain bulletin board services, chat groups, forums or other communication facilities designed to enable you to communicate with others. These are collectively called the “Communication Services”. You agree to use the Communication Services only to post, send and receive referrals, messages and material that are proper and, when applicable, related to the Communication Service. You may not use the Communication Service to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Communication Service to publish, distribute or disseminate any inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful topic, message, material or information, or to advertise or offer to sell or buy any goods or services. Pastoral NetCare has no obligation to monitor the Communication Service, however Pastoral NetCare reserves the right to review materials posted to the Communication Service and to remove any materials in its sole discretion. Pastoral NetCare reserves the right to terminate your access to the Communication Service at any time, without notice, for any reason whatsoever.

MATERIALS PROVIDED TO PNC

Pastoral NetCare does not claim ownership of any materials you provide to Pastoral NetCare (including client data, system information, feedback and suggestions) or post, upload, input, provide or submit to Pastoral NetCare for review by any other users of PNC. However, by posting, uploading, inputting, providing or submitting your materials you are granting Pastoral NetCare and its agents permission to use your materials in connection with Pastoral NetCare operation of PNC.

NO RIGHT TO REDISTRIBUTE WEB SITE MATERIALS

You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on Pastoral NetCare without Pastoral NetCare express written permission, which permission may be withheld in Pastoral NetCare sole discretion.

PRODUCTS AND TOOLS

For your convenience, Pastoral NetCare may make available on Pastoral NetCare products, tools and utilities for use and/or download (the “Tools”). Pastoral NetCare does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such Tools. The Tools are copyrighted works of Pastoral NetCare and/or its suppliers, and are protected by copyright law and international treaty provisions. If a Tool is accompanied by an end user license agreement, your use of that Tool is governed by the terms of such end user license agreement, and you must agree to the terms and conditions of such end user license agreement in order to install such Tool. If a Tool is not accompanied by a license agreement, Pastoral NetCare hereby grants to you a revocable, personal, non-transferable license to use such Tool in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of Pastoral NetCare or the Tools is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Tools, nor to export or re-export the Tools, directly or indirectly, to any countries that are subject to Australia export restrictions. You may not use the Tools to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Tools in association with the sale of any service or product which is discriminatory, obscene, defamatory, indecent or unlawful, or which in the reasonable opinion of PNC, would reflect negatively upon the reputation of Pastoral NetCare or the Tools.

LIABILITY DISCLAIMER

The tools, web site and any content or software contained therein or accessible the reform, are provided “as is”. Except to the extent required by applicable law, Pastoral NetCare makes no warranties or representations of any kind regarding: (a) the up-to-dateness, accuracy, timeliness or completeness of any information contained within or available through the use of the tools or web site; (b) the results obtained from the use of the tools or web site; and (c) any information provided by third parties and accessible on or through the use of the tools or web site. Except to the extent required by applicable law, PNC: (a) disclaims any express or implied warranties and conditions, including without limitation, any warranties as to non-infringement, merchantability or fitness for a particular purpose; and (b) does not warrant that the tools or web site or any content therein will be uninterrupted or error free, or that defects will be corrected. The use of the tools and web site is at your own risk, and you assume full responsibility and risk of loss you may suffer as a result of using, or accessing the tools or web site, or downloading any content thereon. Except to the extent that liability under any applicable law or regulation cannot be excluded: (a) Pastoral NetCare is not liable for loss or damage of any kind whatsoever arising as a result of information or prices (including without limitation currency exchange information) published on or furnished through the tools or web site, or any errors or omissions of the tools or web site; (b) Pastoral NetCare shall have no liability arising from orders, investment decisions or purchases of third party goods or services (including financial instruments and currency) based on information published on or furnished through the tools or web site; and (c) under no circumstances shall Pastoral NetCare or its officers, directors, employees, agents, vendors, suppliers or distributors be liable under this agreement to you or any third party for any indirect, special, incidental, punitive or consequential loss or damages or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory), that are directly or indirectly attributable to the use of, or the inability to use, the tools, web site, or any content contained thereon, even if Pastoral NetCare has been informed of the possibility thereof. If you are dissatisfied with any tools, or any portion of PNC, or with any of these terms of use, your sole and exclusive remedy is to discontinue use of the tools and web site.

INDEMNITY

You agree to indemnify and hold PNC, its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party or arising out of your use of, or conduct on, PNC.

COPYRIGHT

Pastoral NetCare and Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from Pastoral NetCare may be copied or retransmitted without the express written permission of PNC. Pastoral NetCare and all associated logos are trademarks or registered trademarks of Pastoral NetCare and may not be copied or transmitted without the express written permission of Pastoral NetCare.

GENERAL

Your use of Pastoral NetCare shall be governed by all applicable laws of Australia and the laws of the State of South Australia. Certain sections or pages of Pastoral NetCare may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Your agree that your use of Pastoral NetCare will not create any joint venture, partnership, employment or agency relationship between you and PNC. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.