This page tells you the terms of use on which you may make use of our website [add final tool address] (our site).
Please read these terms of use carefully before you start to use the site. By using our site or by clicking ‘I Accept’ when signing up for a user account, you accept these terms of use (as amended from time to time) and agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
[final tool address] is a site operated by Live Performance Australia (“LPA”/“We”) in conjunction with EC3 Global. LPA is the trading name of the Australian Entertainment Industry Association, a registered organisation under the Fair Work Act 2009. Our address is Level 1, 15-17 Queen St, Melbourne, VIC 3000 Australia.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site, subject to any express agreement to the contrary.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered for a user account on our site. You must provide complete and accurate information when registering with our site for a user account.
If you are provided with a user identification code, password or any other piece of information as part of our registration process, you must treat such information as confidential, and you must not disclose it to any third party. You cannot use another person’s user account and must immediately notify us of unauthorised use of your user account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
All material on the site, including, without limitation the ‘Greenhouse Gas calculator tool’ as well as all text, domain names, copyright materials, company and business names, logos, graphics, images, photographs, illustrations, music, audio clips, diagrams, logos, buttons, icons, and software (“Material”) and all right, title and interest including intellectual property rights in and to the Material is owned and/or controlled exclusively by LPA, its affiliates, EC3 or others who have licensed their material to LPA (unless expressly indicated otherwise). You have no rights to use the Material other than as expressly set out in these terms of use.
You are granted a non-exclusive, non-assignable and non-transferable licence to use the site only under these terms of use. You may:
Otherwise, you must not copy, modify, reproduce, alter, sell, re-publish, licence, frame, upload, post, transmit, distribute, display, communicate or use the Material in any way unless expressly authorised in writing by LPA. Our status (and that of any identified contributors) as the authors of Material on our site must always be acknowledged. Nothing in these terms of use or the site will grant you ownership of any Material (including intellectual property rights therein). You must not use any device or software that may interfere with the proper functionality of the Material or the site.
If you use our site or the Materials other than in accordance with these terms of use (including printing off, copying or downloading any part of our site in breach of these terms of use), your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You may use our site only for lawful purposes. You may not use our site:
Whilst LPA takes reasonable care to ensure the accuracy of its ’Greenhouse Gas calculator tool’, it makes no representation or warranty, express or implied, of the accuracy or completeness of the reports issued by the ‘Greenhouse Gas calculator tool’ and other information available on the site (“Reports”) and all of the Reports are intended as a general overview only for your personal, non-commercial use. While LPA has taken due care in compiling the Reports, the Reports has been prepared at least in part by third parties and therefore LPA makes no representations about the accuracy, reliability, completeness or timeliness of the Reports. LPA does not necessarily endorse or approve the recommendations, assumptions and conclusions contained in the Reports. LPA does not accept any liability for any action or inaction taken in reliance upon the Reports or for any error or omission in relation to the content of the Reports. To the extent permitted by law, LPA shall not be liable for any direct, indirect, incidental, special or consequential damages, claims or losses of any nature arising from your reliance on the content, or use, of the Reports. You expressly agree that your use of, and your reliance upon, the Reports is at your sole risk. Our site changes regularly
The data inputted by venues using the site and the ‘Greenhouse Gas calculator tool’ contributes to the benchmark and baseline figures used by the ‘Greenhouse Gas calculator tool’, and as a result our site changes regularly. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the Material on our site may be out of date at any given time, and we are under no obligation to update such material.
The Material displayed on our site and the results and Reports derived from its use are provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we exclude all conditions and warranties (express and implied) of any kind in respect of the site. LPA does not warrant: that the functions contained in any Material or your access to the site will be uninterrupted or error-free; that any defects will be corrected; or that the site or the server which stores and transmits Material to you are free of viruses or any other harmful components.
LPA does not warrant or make any representation regarding your access to, or the results of your access to, the sites or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including without limitation, any act or omission on the part of LPA) will LPA or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use or access of, or any inability to use or access, the site or any Material or the Reports.
Certain laws may not allow the exclusion of some conditions and warranties and in that case some of the above exclusions may not apply to you if and to the extent they are not permitted by law.
You agree to indemnify LPA and its officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these terms of use.
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
In respect of all information that you input into our site, you automatically grant to us a worldwide, irrevocable, non-exclusive, perpetual, transferrable and royalty-free license to use, reproduce, publish, translate and distribute such information in any manner and in all media (whether now known or later devised) throughout the world in perpetuity. This includes the right to edit, adapt, modify, change, add to and detract from the information and to use the information for any purpose including commercial purposes.
We will not be responsible, or liable to any third party, for the content or accuracy of any information inputted by you or any other user of our site.
We have the right to remove any information you input to our site.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our site, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to greener@liveperformance.com.au
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any other site, you do so entirely at your own risk, and you should consider the terms and conditions of use that apply to that site.
LPA may (in its sole discretion and without prior notice to you) terminate your licence to access the site and the Material if you breach these terms of use.
These terms of use will be governed by and construed in accordance with the laws of Victoria, Australia. The Victorian and Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. If any provision of these terms of use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms of use which will continue in full force and effect.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Victorian law.
The site is controlled by LPA in conjunction with EC3 Global from Australia. LPA makes no representation that the Material on the site is appropriate or available for use in other locations. Those who choose to access the site from locations outside Australia do so at their own initiative and are responsible for compliance with local laws.
We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
If you have any concerns about material which appears on our site, please contact greener@liveperformance.com.au