These terms and conditions apply to your use of the Website. Each time you access the Website you acknowledge that you have read and understood the terms and conditions and you agree to comply with and be bound by them. 1. INTERPRETATION 1.1 Definitions The following definitions apply in this document. Abuse includes defame, abuse, harass, stalk or threaten. Anti Money Laundering Regulations means all laws and requirements of any Authority, including laws and requirements of places outside Australia, for the prevention of money laundering and financial crime. Authority means any government or any governmental, semi-governmental, local government, administrative, fiscal or judicial body, department, committee, commission, authority, tribunal, agency, Minister, statutory body or entity. Brighton Estate means the residential property development known as Brighton Estate and which is located at Butler, Western Australia. Claim means a claim, demand, action, proceeding or judgement, however it arises. Community Moderators means representatives of the Developer (who may be nominated by Satterley and representatives nominated by the RA Committee. Damage includes damage, disable, overburden or impair. Developer means the joint venture between the State Housing Commission of Western Australia, Ocean Springs Pty Ltd ACN 094 357 730 and Butler Land Company Pty Ltd ACN 091 076 827. Inappropriate Material includes any: (a) inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful (under any Law) statement, material or information; and (b) statement, material or information that promotes, incites or encourages any act that could or would breach any Law (including pornography, paedophilia, privacy, terrorism or racial vilification). Intellectual Property means all material contained on or forming part of the Website at any time, including text, graphics, images, business names, copyrights, patents, trademarks, service marks, trade names, designs, domain names, website pages, HTML code, applications, audio and video. Intellectual Property Laws means Australian and international copyright law. Forums includes chat rooms, message boards, news groups and any other forums designed to enable you to communicate with other Users. Law means any Commonwealth, State or local government legislation, regulation, practice, policy, guideline or code of conduct or practice (including any code of practice published or adopted under any Law). Linked Site means an external website that is linked to the Website by a hypertext link. Loss means a loss, liability, damage, cost (including legal costs on a full indemnity basis) or expense, however it arises. Membership means membership of the Website. Personal Information means information or an opinion (including information or an opinion forming part of a database), collected, held, used or disclosed in connection with your use of the Website, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Privacy Laws means: (a) the Privacy Act 1988 (Cwlth); and (b) any other law, industry code or policy relating to the handling of Personal Information. Prohibited Entity means: (a) any person or entity which is a terrorist organisation as defined in part 5.3 of the Criminal Code Act 1995(Cwlth); (b) any person or entity which has a connection with certain countries or named individuals or entities subject to international sanctions, or is associated with terrorism, including: (i) the person or entities listed by the Minister for Foreign Affairs in the Government Gazette pursuant to part 4 of the Charter of the United Nations Act 1945 ( Cwlth) (which list, as at the Application date, is available from the website of the Australian Department of Foreign Affairs and Trade); and (ii) any other person or entity on any other list of terrorists or terrorist organisations maintained under the rules and regulations of the Australian Department of Foreign Affairs and Trade or under any law; (c) any person or entity listed by the Minister for Foreign Affairs, or prescribed by regulation made by the Governor General of Australia, under the Charter of the United Nations Act 1945 (Cwlth); or (d) a person that the Reserve Bank of Australia has made a direction in relation to under the Banking (Foreign Exchange) Regulations 1959 (Cwlth). RA Committee means the Brighton Estate Residents Association Committee, comprising members of Brighton Estate elected by association members at AGM. Satterley means Satterley Property Group Pty Ltd ACN 009 054 979. Satterley Team means the Satterley Community Development Team, comprising relevant Satterley staff as well as relevant SUMO staff. Use means making use of in any way, including copying, reproducing, republishing, adapting, posting, uploading, transferring, distributing, transmitting, storing or modifying in any way. Users means users of the Website, including you. Warranty means and includes a warranty, representation, guarantee or undertaking. we, us, our means Satterley, the Developer and, where applicable, includes the directors, officers, employees, contractors, authorised agents, successors and assigns of Satterley and the Developer. Website means the Brighton Estate intranet website (www.brighton-intranet.com.au and www.brighton.satterley.com). you, your means each owner of land in, occupier or resident of Brighton Estate. 1.2 Rules for interpreting this document Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply. (a) A reference to: (i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it; (ii) a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated; (iii) a party to this document or to any other document or agreement includes a permitted substitute or a permitted assign of that party; (iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and (v) anything (including a right, obligation or concept) includes each part of it. (b) A singular word includes the plural, and vice versa. (c) A word which suggests one gender includes the other genders. (d) If a word is defined, another part of speech has a corresponding meaning. (e) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing. (f) The word agreement includes an undertaking or other binding arrangement or understanding, whether or not in writing. 1.3 Multiple parties If more than one person is using or getting access to the Website, or a term is used in this document to refer to more than one person: (a) an obligation of those persons is joint and several; (b) a right of those persons is held by each of them severally; and (c) any reference to that person or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately. 2. ESTABLISHMENT AND PURPOSE OF WEBSITE The Website has been established by the Developer as a free, internal information and communication service or portal for the benefit of the residents of Brighton Estate and includes: (a) community news; (b) information on community events; (c) Forums; (d) a business directory; and (e) newsletters and communications from Satterley and the Developer. 3. MANAGEMENT OF WEBSITE (a) The Community Moderators are responsible for the day to day management of the Website, which includes editing and creating information in the news, events and business directory sections of the Website. (b) The Satterley Team is responsible for the overall management, use and control of the Website until we decide (in our absolute discretion) to transfer that use and control to the RA Committee. 4. MEMBERSHIP (a) To register as a User of the Website, you must: (i) be over the age of 18; (ii) be a resident of Brighton Estate; and (iii) enter on the relevant page of the Website, your personal details, including your name, email address, and online member name. Nominate if the account is just for you or for your entire family. (b) You acknowledge and agree that the Website is for your personal, non-commercial use only. 5. FORUMS (a) Discussions in Forums are available to all Users. (b) You agree that, when using a Forum, you will not directly or indirectly: (i) Abuse any other User or anybody else; (ii) post or upload any Inappropriate Material; (iii) upload files which contain software or other material protected by Intellectual Property Laws where you are not the sole owner of that Intellectual Property; (iv) upload files which contain viruses, corrupted files or other software or programs which may Damage the Website or another User’s computer; (v) advertise or offer to sell or buy any goods or services, unless that activity is in the Classified section of the Forums.; or (vi) carry on or circulate any surveys, contests, pyramid schemes or chain letters . (c) We reserve the right to examine and review all material posted to a Forum and to edit or remove, at any time, without notice, anything that is or we (in our sole discretion) consider is or may be that Inappropriate Material. (d) You acknowledge and agree that views and opinions expressed in any Forum are not (or may not reflect) our views and opinions. 6. PROHIBITED OR ILLEGAL USE You agree that you will not use the Website in a way or for any purpose which: (a) is illegal or prohibited under any Law; (b) could Damage the Website; (c) could interfere with another User’s use and enjoyment of the Website; or (d) could or would adversely affect the reputation of the Developer or Satterley. 7. SUSPENSION OR TERMINATION OF MEMBERSHIP (a) If you breach any of these terms and conditions, the Developer and or the Satterley Team OR the Community Moderators may immediately and, without notice to you, suspend (for any period they decide, in their absolute discretion) or terminate your Membership and or ability to use or get access to the Website or any part of it (including any Forum) . (b) You may, at any time, cancel your Membership by notifying the Community Moderators. 8. LINKED WEBSITES (a) The Website may contain hypertext links to Linked Sites. (b) Linked Sites are external sources which are not under our control and we are not responsible for the condition or content of any Linked Site. (c) You must make your own decisions about the accuracy, currency, reliability, completeness and correctness of any information you find on any Linked Site as well as whether it is appropriate for you or any member off your family or household to have access to or view anything on the Website. (d) Unless expressly stated to the contrary on the Website, we do not support, sponsor, endorse, approve of or recommend any organisation, product or service referred to in a Linked Site. 9. PUBLIC ACCESS We may (at our sole discretion and without notice to you) make some content from the Website, including discussions in Forums, available to the public. By using the Website you consent to us doing so. 10. AMENDING THESE TERMS AND CONDITIONS (a) We may amend these terms and conditions, at any time. (b) If we do amend these terms and conditions, we will, before or at the time that we amend them, put a notice on the Website telling Users about those changes and when they take effect. (c) By continuing to use the Website after these terms and conditions have been amended, you acknowledge and agree that you have read and understood the amended terms and conditions and agree to be bound by them. 11. INTELLECTUAL PROPERTY (a) The Intellectual Property: (i) is owned by us and we reserve all rights in and to the Intellectual Property; (ii) may be viewed online by you or reproduced in any form for your personal use only; and (iii) is protected by Intellectual Property Laws. (b) Unauthorised Use of the Intellectual Property may constitute a breach of Intellectual Property Laws. 12. WARRANTIES AND LIABILITY 12.1 No Warranties by us We make every effort to provide a high quality service but we do not make any Warranties : (a) about the accuracy, reliability, completeness or currency of any information provided on the Website; or (b) that the Website is or will be free of: (i) infection by viruses or any other manifesting, contaminating or destructive properties; or (ii) security problems. 12.2 Your Warranties You Warrant to us that: (a) you use the Website at your own risk, in all respects; (b) you have made all necessary enquiries about whether the Website is suitable for use by you or any member of your household; (c) you are not a Prohibited Entity; (d) you are not owned or controlled by a Prohibited Entity; (e) you do not act on behalf of a Prohibited Entity; (f) in using the Website, you will not deal in or with (and have not dealt in or with): (i) a Prohibited Entity; or (ii) an asset or class of assets listed by the Minister for Foreign Affairs under the Charter of the United Nations Act 1945 (Cwth); and (g) you will not use or access the Website for in breach of any Law. 12.3 Indemnities (a) You indemnify us against any Loss you suffer or incur and waive any Claim you may have against us arising directly or indirectly from or in connection with your use of the Website. (b) You indemnify against any Loss or Claim we suffer or incur that arises directly or indirectly from or in connection with a breach by you of any of these terms and conditions. 13. GENERAL 13.1 Governing law This document is governed by the law in force in Western Australia. 13.2 Waiver of rights A right may only be waived in writing, signed by the party giving the waiver, and: (a) no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right; (b) a waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again; and (c) the exercise of a right does not prevent any further exercise of that right or of any other right. 13.3 Operation of this document (a) This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect. (b) Any right that a person may have under this document is in addition to, and does not replace or limit, any other right that the person may have. (c) Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document. 13.4 Operation of indemnities Each indemnity in this document survives the expiry or termination of this document. 13.5 Inconsistency with other documents If this document is inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency. 14. TAXES AND CHARGES We are not responsible for any fees, costs, charges, expenses or taxes (however they arise) which may be payable on or in connection with the Supply by us of the Website or your access to or use of it. 15. YOUR PRIVACY OBLIGATIONS You must: (a) comply with all Privacy Laws in connection with the use or disclosure of Personal Information disclosed in or on the Website; (b) notify the Community Moderators as soon as practicable after you become aware that a disclosure of Personal Information may be required by law; (c) use reasonable efforts not to do anything with the Personal Information that may cause us to be in breach of a Privacy Law; (d) notify us about any request you receive, while you are a Member, for access to Personal Information which we have disclosed to you; and (e) not give access to, or copies of, Personal Information we have disclosed to you to anyone (except to the individual to whom the Personal Information relates or in accordance with any Privacy Statement) without our prior consent unless you have to do so under any Privacy Law.