Emerio, an NTT Communications company, is a global provider of information technology, consulting and professional services. Emerio provides a welcoming environment for clients, potential clients, employees and job seekers a platform to view our services, solutions, case studies, job openings, industry news, etc. In order to facilitate a cohesive and mutually beneficial environment, you are required to adhere to certain rules and conditions.
Please read the following Terms and Conditions carefully.
These Terms and Conditions will apply if you register for an account on this website (“Website”) operated by Emerio (“Company”, “our”, “we” or “us”) to access any of services provided on the Website from time to time (collectively “Online Service”):
By clicking on the “I Accept” button of these terms and conditions and registering for an account, you agree to be legally bound by these terms and conditions as they may be modified and posted on the Website from time to time.
Registration for an account allows you to access only those functions and benefits of the Online Service indicated in the membership package selected by you.
If you do not agree with these Terms and Conditions, you may not register for an account.
Conditions for Registration
You warrant and represent that you are more than 18 years of age, or, if you are younger than 18 years of age, that you possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Registration for An Account
Each registration is for a single user only, and on registration, you will choose a user name and password (collectively, your “ID”). Sharing of registered accounts and/or ID on the Website, accessing the Website through a single ID made available to multiple users on a network, and unauthorised use of another’s ID is prohibited. In the event of inappropriate or unauthorised ID use, we may cancel, restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) your membership with, and/or access to, the Website without any liability whatsoever.
When registering to create your account, you represent and warrant that all registration information you submit is accurate, truthful, complete and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary. You are solely responsible for all activity that occurs on your account, for all use of the Website by you or anyone else using your ID, for preventing any unauthorised use of your ID and for maintaining the confidentiality of your ID and keeping it secure. You agree not to use the registered account and/or ID of another member at any time or to disclose your password to any third party. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID.
Conditions of access to the Online Service
Nothing in these terms and/or conditions on the website shall be construed as granting you any rights or privileges of any kind with respect to the Online Service or any content and information that you find here. We make no warranty or representations to you of any kind, express or implied, as to the Online Service and any other information, materials and services offered by third parties through the Website. You assume total responsibility and risk for your use of the aforesaid.
Your use of the Website and the Contents (as defined below) is strictly and solely for your information and for your personal, non-commercial use (“Approved Use”).
You shall not:
(A) copy, reproduce, distribute, transmit or adapt any part of the Website and the Contents in any medium or format without our prior written consent or unless expressly authorised by us;
(B) alter or modify any part of the Website other than as expressly permitted by us;
(C) allow any other person to use the Contents other than in accordance with these Terms and Conditions; and;
(D) post, upload, transmit, distribute, exhibit or otherwise make available on or through the Website any statements, documents, photographs, images, drawings, materials and any other type of content that may be deemed to be defamatory, obscene, offensive or illegal or which violates the rights of any third party (including intellectual property rights).
You agree not to collect or harvest any personally identifiable information, including any IDs or account names from the Website.
We may terminate or suspend your account at any time if you are found in breach of any of these Terms and Conditions.
We further reserve the right to take down any material posted, uploaded, transmitted, distributed, exhibited or otherwise made available on or through the Website by you that we deem to be in breach of any of these Terms and Conditions.
You are responsible for all of your activity in connection with the Services and accessing the website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Emerio member.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
Emerio has no special relationship with or fiduciary duty to you. You acknowledge that Emerio has no control over, and no duty to take any action regarding: which Members gain access to the Site; which Content you access via the Site; what effects the Content (including any Content which is a derivative work of your Member Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the Member who posted the Content. Australia Clouds does not monitor the Content of the Site and takes no responsibility for such Content. You release Emerio from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Emerio makes no representations concerning any content contained in or accessed through the Site, and Emerio will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Limitation of Liability
IN NO EVENT SHALL WE (AND/OR OUR RELATED ENTITIES), OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES HOWSOEVER RESULTING FROM ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(D) ANY EVENTS OR ACTIVITIES ORGANISED BY YOU OR ANY THIRD PARTY THROUGH THE WEBSITE;
(E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES UPLOADED, POSTED, E-MAILED, TRANSMITTED, OFFERED OR OTHERWISE MADE AVAILABLE OR ADVERTISED VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES WHATSOEVER.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR RELATED ENTITIES, SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by us from our facilities in the Republic of Australia. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable local laws.
You agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
(A) your use of and access to the Website and account;
(B) your violation of any term of these Terms and Conditions;
(C) your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or
(D) any defamatory, obscene, offensive, illegal and/or criminal behaviour or acts by you or authorized by you.
Availability of the Online Service
We will try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and we accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. General
We may alter these Terms and Conditions from time to time and post the new version on our Website, following which all use of the Online Service will be governed by that version.
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of our Website are governed by Australia law and you submit to the non-exclusive jurisdiction of the Australia courts.
Failure or delay by us in enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.