Terms of Use

Agreement between User and Conspicuous

In this Agreement “Conspicuous” means;

Sherpa Way Pty Ltd
ACN 629 024 282
(ATF The Shangri-La Unit Trust)
ABN 47 401 411 568
Trading as Conspicuous Media
Level 3, 143 Charlotte Street
Brisbane QLD 4000

its successors and assigns. The conspicuous.com.au website is comprised of various web pages operated by Conspicuous.

The conspicuous.com.au website is offered to you conditioned on your acceptance without modification of the Terms of Use and notices contained herein. Your use of the conspicuous.com.au website constitutes your agreement to all such Terms of Use and notices.

Modification of these Terms of Use

Conspicuous reserves the right to change the Terms of Use and notices under which the conspicuous.com.au website is offered including but not limited to the charges associated with the use of the conspicuous.com.au website without notice.

Links to third parties

The conspicuous.com.au website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Conspicuous and Conspicuous is not responsible for the contents of any Linked Sites including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Conspicuous is not responsible for webcasting or any other form of transmission received from any Linked Site. Conspicuous is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Conspicuous of the site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of the conspicuous.com.au website you warrant to Conspicuous that you will not use the conspicuous.com.au website for any purpose that is unlawful or prohibited by these Terms of Use and notices. You may not use the conspicuous.com.au website in any manner which could damage disable overburden or impair the conspicuous.com.au website or interfere with any other party’s use and enjoyment of the conspicuous.com.au website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the conspicuous.com.au website.

Use of communication services

The conspicuous.com.au website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). You agree to use the Communication Services only to post send and receive messages and material that are proper and related to the particular Communication Service. By way of example and not as a limitation you agree that when using a Communication Service you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know or reasonably should know cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others including e-mail addresses without their consent.
  • Violate any applicable laws or regulations.

Conspicuous has no obligation to monitor the Communication Services. However Conspicuous reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Conspicuous reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Conspicuous reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit refuse to post or to remove any information or materials in whole or in part in Conspicuous’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Conspicuous does not control or endorse the content messages or information found in any Communication Service and therefore Conspicuous specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Conspicuous spokespersons and their views do not necessarily reflect those of Conspicuous.

Materials uploaded to a Communication Service may be subject to posted limitations on usage reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to Conspicuous or posted at any Conspicuous website

Conspicuous does not claim ownership of the materials you provide to Conspicuous (including feedback and suggestions) or post, upload, input or submit to any Conspicuous website or its associated services (collectively “Submissions”). However by posting, uploading, inputting, providing or submitting your Submission you are granting Conspicuous and its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission as provided herein. Conspicuous is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Conspicuous’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products and services included in or available through the conspicuous.com.au website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Conspicuous and/or its suppliers may make improvements and/or changes to the conspicuous.com.au website at any time. Advice received via the conspicuous.com.au website should not be relied upon for personal, medical, business or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Conspicuous and its suppliers make no representations about the suitability, reliability, availability or timeliness and accuracy of the information, software, products, services and related graphics contained on the conspicuous.com.au website for any purpose. To the maximum extent permitted by applicable law all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. Conspicuous and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law in no event shall Conspicuous and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, data or profits arising out of any or in any way connected with the use or performance of the conspicuous.com.au website, with the delay or inability to use the conspicuous.com.au website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the conspicuous.com.au website, or otherwise arising out of the use of the conspicuous.com.au website, whether based on contract, tort, negligence, strict liability or otherwise, even if Conspicuous and/or any of its suppliers has been advised of the possibility of damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or identical damages the above limitation may not apply to you. If you are dissatisfied with any portion of the conspicuous.com.au website or with any of these Terms of Use your sole and exclusive remedy is to discontinue using the conspicuous.com.au website.

Termination of access or restriction

Conspicuous reserves the right in its sole discretion to terminate or restrict your access to the conspicuous.com.au website and the related services or any portion thereof at any time without notice to you.


To the maximum extent permitted by law this agreement is governed by the laws of Hong Kong and you hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong in all disputes arising out of or relating to the use of the conspicuous.com.au website. Use of the conspicuous.com.au website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Conspicuous as a result of this agreement or use of the conspicuous.com.au website. Conspicuous’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Conspicuous’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the conspicuous.com.au website or information provided to or gathered by Conspicuous with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein this agreement constitutes the entire agreement between the User and Conspicuous with respect to the conspicuous.com.au website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and Conspicuous with respect to the conspicuous.com.au website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn in English.

Copyright and Trademark notices:

All copy displayed on the conspicuous.com.au website is the legal copyright of its respective owners and licensees.


The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious unless otherwise stated. Otherwise no association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and procedures for making claims of copyright infringement

Notifications of claimed copyright infringement under Australian copyright law should be sent to;

Conspicuous Media
PO Box 6894
Upper Mount Gravatt QLD 4122

Inquiries not directed to Conspicuous in writing will not receive a response.


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