Condition of Entry

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING NYK

This website (“NYK”) is owned and published and/or managed and published by Australian Warranty Network Pty Ltd ABN 78 075 483 206. By entering NYK you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you cannot enter.

Terms and Conditions

The content on NYK is made available by Australian Warranty Network Pty Ltd ABN 78 075 483 206 and its associated companies (referred to in these Terms and Conditions as "AWN", “We” and “Us”). All information on NYK relating to any products or services is only for the information of persons within Australia. NYK is a continuous training program for the use of AWN Individual Authorised Representatives only. You must not use NYK unless you are an AWN Individual Authorised Representative. You must only access NYK for legitimate and lawful purposes and in accordance with any instructions or directions posted on NYK from time to time. We may vary these Terms and Conditions at any time and you agree to comply with those changes that We notify you of from time to time (which may be by way of a notice on NYK or by any other means of communication).

Registration and Login

The registration process for NYK requires you to choose a password (the “User Identification Details”). You must keep your User Identification Details confidential and secure against any improper or unauthorised use. You are responsible for any action or instructions carried out in conjunction with your User Identification Details and authorise Us to act on any instructions that We receive in conjunction with your User Identification Details. You accept full responsibility and indemnify AWN for any expenses, loss, damage, costs, demands or liabilities arising out of or in connection with the use, including without limitation any improper or unauthorised use, of your User Identification Details, except where you have previously notified Us in accordance with these Terms and Conditions that the security of your User Identification Details has been breached. If you become aware or suspect that: a) Your User Identification Details (or any part of them) have been lost, stolen or misused; b) Any person has obtained knowledge of your User Identification Details; c) Any person is accessing NYK without your authorisation; or d) The security of your User Identification has otherwise been compromised, you must: i) Notify Us immediately by telephoning AWN on 07 3802-5577 (or any other number that We advise from time to time); and ii) Change your password immediately. We may restrict, suspend, alter or terminate your access to NYK or any service available in NYK at any time without cause and without notice to you. You acknowledge that you may be automatically logged out of NYK where there has been no communication to our systems for twenty or more minutes. Any actions that are only partly completed at the time of the log-out may be lost. We will try to give effect to instructions that you give Us through NYK as soon as practicable, to the extent that is consistent with any relevant CARA, the relevant terms of participation and the law. However, We are under no obligation to act on any instruction given by you either on the day you give the instruction or at any time. We are not liable for any loss or damage in connection with our failure to act upon or delay in acting upon your instructions for any reason.

Property Rights

Other than information on third party websites all material available through NYK is owned by or licensed to AWN and is protected by intellectual property rights. You agree not to access, download or otherwise use any material on NYK in any way not expressly authorised by Us. You accept full responsibility and indemnify Us for any expense, loss or liability that We incur as a result of any use by you of the material on NYK that is not expressly authorised by Us.

Disclaimers

AWN will use all reasonable endeavors to provide access to NYK at all reasonable times. However, subject to law, AWN does not give any guarantee, warranty or representation in relation to the availability or accessibility of NYK or any of the services available in NYK. Use of NYK is at your own risk. To the extent permissible by law, AWN excludes all warranties in relation to the information available from the NYK, including all terms implied by statute, general law or custom and disclaims all liability arising out of or consequent on any: a) Access to, use of or reliance upon any information or material available in NYK; b) Any computer virus, communications failure, Internet access difficulties or malfunction in equipment or software affecting NYK or your access to NYK or any information or material available in it; c) Any delay in the operation of NYK or any of the services or information available through NYK; d) Disruption, unavailability or termination of access to NYK or any of the services or information available in NYK. AWN makes no warranty that the use or operation of NYK or any aspect of NYK, will be uninterrupted or error-free or that NYK or any of the services available on NYK or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law. Any information on NYK was believed to be accurate and reliable at the time it was sourced. However, subject to any law, neither We nor our associated companies give any guarantee, representation or warranty as to the reliability, accuracy or completeness of the information on NYK or accept any responsibility or liability arising in any way (including by reason of negligence) for errors in, or omissions from, the information on NYK. AWN does not endorse any views or recommendations of third parties included or referred to in any of the information on NYK. Subject to law, AWN does not accept any responsibility, or owe any duty of care, to any person acting, or refraining from acting, as a result of any information or material on NYK.

General Information

All information and material available on NYK, including (without limitation) any tools, reports, calculators and articles, any information about AWN’s products or services is of a general or no-advise nature only. It does not take into account the investment objectives, particular needs or financial situations of any individuals. The information does not provide financial or investment advice or recommendations. The information should not be relied upon as the basis of an investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have to your clients or potential clients. You agree not to attempt to disturb or damage in any way any code, data or software associated with NYK or to otherwise adversely affect the operation of NYK. AWN may impose fees for use of NYK at any stage in the future. Any reference to currency in NYK is a reference to Australian Dollars unless otherwise specified. The laws in force in the State of Queensland, Australia, govern these Terms and Conditions and your use of NYK. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland. Any provision or any part of any provision of these Terms and Conditions that is or becomes invalid, illegal or unenforceable for any reason shall be ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remaining provisions of these Terms and Conditions. We may assign our rights and obligations under these Terms and Conditions to any person at any time without notice.

Copyright Notice

All material in NYK is protected by copyright under the Copyright Act 1968 (Cth) and, through international treaties and agreements, under the laws of other countries. Unless expressly stated to the contrary, AWN owns copyright in all the material on NYK. Other than for the purpose of the Copyright Act 1968 (Cth), or as otherwise stated below, no material on NYK may be altered, reproduced, stored in a retrieval system or transmitted without the prior written consent of AWN. You are only authorised to use NYK and its contents for the purpose of training, reviewing and printing reports.

Trademarks

NYK includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law and may be subject of rights in other countries. You may not use these trademarks except by saving, or printing out, reports customer’s policies as permitted as stated above. Other registered trademarks may be featured on NYK from time to time. The use of any such trade mark on NYK is not intended to indicate any association with or endorsement by the owner of that trademark.

Third Party Websites

NYK may contain links to third party websites. AWN is not responsible for the condition or the content of those websites, as they are not under AWN’s control. Any link(s) provided are solely for your convenience. The presence of links does not amount, expressly or impliedly, to any endorsement of the website(s) or the products or services provided there. Your access to those websites and use of their products and services is solely at your own risk.

Limitation of Liability

To the fullest extent permitted by applicable laws, AWN or any of their respective directors, employees, affiliates or other representatives will not be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through NYK, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if AWN have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall AWN total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing NYK. Governing Law NYK is controlled and operated by AWN from its offices in Queensland, Australia. AWN makes no representation that materials in and/or facilities or services offered through NYK are available for use outside Australia, or that they comply with any legal or regulatory requirements outside Australia. Those who choose to access NYK outside Australia do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable. These terms shall be governed by and construed in accordance with the laws in force in Queensland and the Commonwealth of Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia and, by using NYK, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

Miscellaneous

Any waiver of any provision of these terms must be in writing signed by AWN to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you, AWN. We may change these terms and conditions from time to time.

Contacting Us

If you have any questions not addressed on this page, please send Us an e-mail: general@nyktraining.com.au