PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE
1.1 APNIC Pty Ltd (ACN 081 528 010) (APNIC) provides a technical assistance service (Service) to its Members for the purpose of providing practical, hands-on technical information and assistance.
1.3 By accessing or using the Service you:
2.1 The Service is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation, availability, suitability, or accuracy of the Service or the information or advice made available through the Service.
3.1 To the fullest extent permitted by law, APNIC excludes all liability for any claim, loss, or damage (including consequential loss, loss of data, loss of profit or revenue) directly or indirectly arising out of or in connection with:
(b) use of, or inability to use the Service;
(c) use of, or reliance on, any advice, content, or other information in any medium made available or referred to you in the provision of the Service; and
(d) any other matter relating to the Service.
3.3 To the extent liability for breach of any statutory condition or warranty cannot be excluded, APNIC’s liability for providing the Service is limited at its option to re-supplying or paying the cost of re-supply.
4.1 You indemnify APNIC and its officers, employees, agents, and sub-contractors, against any losses, liabilities, costs, charges or expenses (including any direct, indirect, special or consequential losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by APNIC, its officers, employees, agents, or sub-contractors, arising out of or in connection with or resulting from:
(a) your use of the Service;
(d) any claim made by a third party arising out of or in connection with or
resulting from the Service.
4.2 You acknowledge and agree that the indemnity granted in clause 4.1 is expressed, in part, to be for the benefit of a person that is not a party to this document (Third Party Beneficiary). APNIC (and any permitted assignee of APNIC) receives that promise and:
(a) does so not only in its own capacity but also as trustee for the Third Party Beneficiary;
(b) must permit the Third Party Beneficiary to enforce the provision in APNIC’s name on giving full indemnity and any reasonable security APNIC requires;
(c) assumes no other duty or liability to the Third Party Beneficiary, including no duty to inform the Third Party Beneficiary of anything, to supervise, to monitor or to claim anything; and
(d) may revoke the trust or vary or cancel the provision at its discretion without the consent of and without considering the interests of or being responsible for any detriment to any Third Party Beneficiary.