Assemble Communities Pty Ltd operates a business and offers services under the following brands, project and trading names; Assemble Communities, Assemble Futures and Assemble Papers (“Assemble Communities”). Make MRK Pty Ltd as trustee for the Make MRK Unit Trust operates the Assemble Connect business (“Assemble Connect”). Assemble Communities and Assemble Connect together are Assemble (“Assemble”).
This Site is operated by Assemble. These terms and conditions (“Terms”) govern your access to, and use of, the Site.
In these Terms, the words “we”, “our” and “us” refer to Assemble and its directors, officers, employees, agents, related entities and affiliates and “you” or “your” means the person who agrees to be legally bound by these Terms.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Site provided by Assemble.
Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Unless expressly provided otherwise, in these Terms:
“Content” means all of the material (including all text, graphics, logos, audio and software) made available on the Site.
“Intellectual Property” means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents and trade secrets.
“Site” means [https://assemblecommunities.com/] and any services used by or in connection with this website, including any servers and networks that host this website, and any information or content used on or in connection with this website, including but not limited to data, source codes, graphics and images.
Any reference in these Terms to the singular includes the plural, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.
3. Access and use of the Site
Unless we agree otherwise in writing, you may only access or use this Site for your own personal, non-commercial use only.
You may not use the Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, eBay, Facebook or other third party services.
You must not use the Site, or post any material on the Site, in any way that causes or is likely to cause the Site or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or device to us.
You must ensure that your access to and use of this Site is not illegal or prohibited by laws which apply to you.
This Site and its Content, including links, are provided to you ‘as is’ and your access to and use of this Site is at your own risk.
We may at our sole discretion and without prior notice stop, limit, restrict or withdraw, temporarily or permanently, your access to or use of the Site or our permission to link to our Site.
4. Accessing services through the Site
Assemble may offer you access to services through the Site. If you opt in to receive any services from Assemble Connect or any Assemble partners, it is your responsibility to ensure the information you provide is correct prior to submitting it – including, where relevant, the type and cost of the service. We are not obliged to correct any order details, however, where we are notified of incorrect details prior to the supply of services, we may, where possible, correct the order details.
5. Copyright and Intellectual Property
Unless otherwise indicated, we own or licence from third parties all Intellectual Property in this Site and the Content. Nothing on the Site should be interpreted as granting any rights to the commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
Your use of the Site and use of or access to any Content does not grant you any right, title or interest in the Site or the Content. You may not reproduce, adapt, modify, display, publish, perform, distribute, store, transmit, decompile or reverse engineer or otherwise exploit any Intellectual Property on our Site. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
Any reproduction or redistribution of this Site or the Content is prohibited and may result in civil and criminal penalties.
6. IP addresses and cookies
This Site uses “cookies” to identify you and your interests and to track your usage of the website in order to help personalise your browsing experience. Cookies are small pieces of text stored on your computer that help us know which browser you are using and where you have been on the website. Cookies also let us know whether you have registered with us and otherwise enable us to relate your current usage of the website to your prior usage.
If you do not wish to receive cookies, you can set your browser to refuse them. However, a user who does not accept the cookie from the Site may not be able to access certain areas of the Site and it may limit your use of the Site. In administering the website and diagnosing potential system problems, we also log all IP addresses which access the Site.
We may, from time to time, monitor your use of the Site to determine if you are in breach of these Terms. Such monitoring may include:
- (a) the frequency and nature of any downloads; and
- (b) the time of access and IP addresses used to access the Site.
We may suspend, limit or terminate your access to the Site (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these Terms.
Assemble strives to protect the information we transmit and receive, however no data transmission over the internet can be guaranteed to be completely secure. We do not warrant and cannot assure the security of any information submitted by us to third parties or by you to us.
By accessing and using the Site:
8. Rights under Australian law
Australian law, including the Australian Consumer Law, provides you with certain rights in respect of products and services that cannot be excluded by these Terms.
Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.
To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that our Site or websites that we link to or your access to or use of them will be uninterrupted, secure or error free, that any defects in the Site will be corrected or that the Site is free of viruses or other malicious computer code.
To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that the information on our Site or information on Site(s) that we link to is accurate, complete, suitable or current.
You acknowledge and agree that we are not liable to you or anyone else for any claim, loss, damages and expenses (including legal costs) in connection with the use of this Site or any linked websites.
10. Limitation of liability
To the maximum extent permitted by law, you acknowledge and agree we will not be liable for and you forever release and discharge us from any claims that you have now or may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to your access or use of, or your inability to access or use this Site, part of this Site or any other Site, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or Content.
Our liability that results from, is connected with, arises out of, or is incidental to your access or use of, or inability to access or use, this Site or part of this Site, and which cannot be lawfully excluded, is limited to resupplying this Site or any part of it to you or to paying for the resupply of this Site or any part of it to you (at our option).
Our liability is limited to the extent that it is caused, or contributed to, by you.
To the maximum extent permitted by law, you agree to indemnify us and keep us indemnified against all claims, loss, damages and expenses (including legal costs) incurred by us that result from, are connected with, arise out of, or are incidental to your access or use of, or your inability to access or use, our Site, part of our Site or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or contents.
The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked Sites.
Our inclusion of linked Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Sites, or of any materials, products or services referred to or contained on those linked Sites, unless and to the extent stipulated to the contrary.
We reserve the right at our sole discretion and without notice to revise these Terms at any time. You should visit the Site periodically to review these Terms. Amendments will be effective immediately upon publication on the Site. Your continued use of the Site following such publication will represent an agreement by you to be bound by these Terms as amended.
14. Governing Law
These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of the Site.
The Site may be accessed in Australia and overseas. We make no representations that the Site complies with the laws of any country outside Australia, and if you access the Site from outside Australia, you do so at your own risk.
15. Effective Date
These Terms are effective on and from 30/6/2022