The Fifth P - Disclaimer

This is the website of The Fifth P under the domain name www.thefifthp.com.au. The Fifth P is a brand name owned by The Fifth P Pty Ltd.

Your use of this website and its contents, including the information, graphics and material is subject to this Disclaimer and The Fifth P Privacy Statement. Please read this Disclaimer and The Fifth P Privacy Statement carefully before using this website. By using this website you agree to follow and be bound by this Disclaimer and The Fifth P Privacy Statement.

The Fifth P reserves the right, at its discretion, to amend this Disclaimer at any time, and any such modification will be effective immediately upon posting the modification on this website.

You should check this Disclaimer regularly for amendments. By using this website after amendments have been posted, you will be bound by such amendments.

Legal Disclaimer

While every effort has been made to ensure that the information available on this website is correct, no member of The Fifth P or any of their directors, employees or agents accept any liability for any action taken by you in reliance upon the whole or any part of the information available on this website or for any faults, inaccuracies, errors or omissions contained in it (except insofar as liability under any statute cannot be excluded). No member of The Fifth P, or any person or corporation associated with it, guarantees warrants or underwrites the performance or return of any project or any other security offered by The Fifth P.

The Fifth P does not warrant or represent that material on this website will not cause damage or is free from any computer virus or any other defects or errors. The Fifth P is not liable for any loss or damage however caused resulting from the use of such material.

To the maximum extent permitted by law, any liability incurred in relation to material contained on this website is limited to the re-supply of the material or the reasonable cost of having the material re-supplied, at The Fifth P’s option. Under no circumstances will The Fifth P be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use of the material.

Third Party Material

This website may contain information prepared by or links to websites operated by third parties, independent of The Fifth P. The Fifth P does not make any representation as to the accuracy or reliability of the information prepared by any such third party.

The website may contain links to other websites. The Fifth P does not necessarily sponsor, endorse or approve of any material on such websites. The Fifth P makes no warranties or representations:

1. regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which this website is linked; and
2. that the material on the websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

The Fifth P is not authorising infringement of any such rights by linking to such websites.

Copyright

Copyright in all content on this website, including but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code is owned by or licensed to The Fifth P.

No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process without the express prior written consent of The Fifth P, except when:

1. necessary for viewing the material on this website on your browser; or
2. permitted under the Copyright Act 1968, other applicable laws or this Disclaimer.

You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the material to any other form whatsoever.

The Fifth P hereby grants you a limited, non-exclusive, non-transferable licence to view, bookmark, download, and print the pages within this website and the documents, graphics, and media incorporated on those pages. You are solely responsible for obtaining, paying for, repairing, and maintaining all of the equipment, software, telephone lines, and other things that you need to access this website. The Fifth P expressly reserves the right to monitor any and all use of this website.

When downloading material from this website, The Fifth P only licenses the material to you for your personal, non-commercial use. However, The Fifth P does not transfer title to any of the material to you.

Linking Conditions

Please contact The Fifth P at info@thefifthp.com.au if you wish to place a link to any part of The Fifth P website.

Indemnity

You agree to indemnify, defend, and hold harmless The Fifth P, their subsidiaries and affiliates, their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with your access to or use of this website.

Severability

If any provision of this Disclaimer is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Disclaimer and will not affect the validity and enforceability of the remaining provisions. Unless expressly agreed otherwise, this Disclaimer represents the entire agreement between The Fifth P and you.

Applicable Law

This website has been provided for global use. The law applicable to any dispute arising pursuant to these Terms of Use is the law of the State of NSW, Australia.

If you access this website from other locations, you are responsible for compliance with any applicable local laws.

Termination

Your use of this website and its contents constitutes an agreement with The Fifth P to use this website subject to the provisions of this Disclaimer. Any rights granted to you under this Disclaimer terminate immediately should you violate any provisions contained herein. In addition, The Fifth P reserves the right to terminate your access to this website at any time, without notice, for any reason whatsoever. You agree that The Fifth P shall not be liable to you or any third party for any termination of your access to this website. Licences and indemnities granted by you, and disclaimers and limitations of liability by The Fifth P will survive termination.

Your right to use The Fifth P website cannot be assigned or transferred.