Copyright & Trademark Notice
Copyright & Trademark Notice & Doing Business with Creation Developments Australia Pty Ltd
A. CREATION DEVELOPMENTS AUSTRALIA PTY LTD and its Associates carry on the business of Property Management and Development Solutions.
B. CREATION DEVELOPMENTS AUSTRALIA PTY LTD and its Associates have developed practices and procedures for Property Management and Development Solutions and is the owner of trade secrets, copyrights, processes, know-how, registered designs or other intellectual property relating to offering Property Management and Development Solutions to people around Australia and around the world.
C. Those that interact with CREATION DEVELOPMENTS AUSTRALIA PTY LTD in any way agree to keep confidential and secure any and all confidential information disclosed to them by CREATION DEVELOPMENTS AUSTRALIA PTY LTD for or in connection with the Purpose.
1.1 In this document the following definitions shall apply:
“Associates” means CREATION DEVELOPMENTS AUSTRALIA PTY LTD or its nominee.
"Business" means the business of providing Property Management and Development Solutions and other industry related matters.
"Confidential Information" means the information (in any form) howsoever relating in any way to the Purpose and disclosed by CREATION DEVELOPMENTS AUSTRALIA PTY LTD to those that interact with CREATION DEVELOPMENTS AUSTRALIA PTY LTD, including but not limited to, technical, market, business or financial information, know-how, methodologies, source and object codes, business and marketing plans, projections, databases, computer programs, algorithms, integrated circuit, circuit layout or semiconductor chip layout or design, arrangements with other entities, client, customer or business information, test results, statistics, client or customer lists, formulae, concepts not reduced to material form, the technical principles, features or functionality of any product, the appearance, ergonomics or user interface for any product, product development, plans, concepts or timescales, designs, plans, drawings, models, any invention or discovery or any provisional or complete or PCT patent application, any unregistered or registered trademarks, applications for trademark registration or similar rights and any registered design, application for design registration or similar rights, forms, templates, processes, manuals, statements, trade secrets, software, data (and copies and extracts made of or from that information and data) concerning the Business, organisation, finances, customers, markets, suppliers, Intellectual Property, dealings, operations and know how of CREATION DEVELOPMENTS AUSTRALIA PTY LTD which is not in the public domain, except by the failure of a party to perform and observe its covenants and Obligations under this agreement and which has been obtained through or by being a member of or otherwise involved with CREATION DEVELOPMENTS AUSTRALIA PTY LTD or the operations or the activities of CREATION DEVELOPMENTS AUSTRALIA PTY LTD and its Associates.
"Copyright" includes all and any copyright which may exist either now or at any time in the future after the date of this Agreement, or vest at law or be conferred by the Copyright Act 1968 (Cth), regardless of whether the copyright is registered or unregistered and includes any Right to use any Copyright owned by a third party.
"Designs" means the designs, ideas (if any) owned by or under licence to CREATION DEVELOPMENTS AUSTRALIA PTY LTD or its Associates for use in the Business.
“Document” means this document (including the recitals), as it may later be amended or supplemented by CREATION DEVELOPMENTS AUSTRALIA PTY LTD.
"Future Rights" mean jointly and severally the Intellectual Property rights which exist now or at any time in the future after the Agreement Date.
"Intellectual Property" means any intellectual or industrial property and Future Rights, including (without limitation):
(a) any Copyright, Designs, Trade Secrets or Confidential Information; or
(b) any licence or other Right to use or to grant the use of any of the above or to be the registered proprietor or user of any of them.
"CREATION DEVELOPMENTS AUSTRALIA PTY LTD" means Creation Developments Australia Pty Ltd ACN 128 868 593 or its associated companies or nominees.
“Parties” means those that interact with CREATION DEVELOPMENTS AUSTRALIA PTY LTD.
"Right" includes a legal, equitable, contractual, statutory or other right, power, authority, benefit, privilege, remedy, discretion or cause of action.
1.2 In the interpretation of this Document, unless the context or subject matter otherwise require:
(a) singular includes plural and vice versa;
(b) any gender includes every gender;
(c) a reference to a person includes corporations, trusts, associations, partnerships, a Government Authority, and other legal entities, and where necessary, includes successor bodies;
(d) references to writing include printing, typing, facsimile and other means of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, in English;
(e) references to signature and signing include due execution of a document by a corporation or other relevant entity;
(f) references to months mean calendar months;
(g) references to statutes include statutes amending, consolidating or replacing the statutes referred to, and all regulations, orders-in-council, rules, by-laws and ordinances made under those statutes;
(h) references to sections of statutes or terms defined in statutes refer to corresponding sections or defined terms in amended, consolidated or replacement statutes;
(i) headings and the table of contents are used for convenience only and are to be disregarded in the interpretation of this Agreement;
(j) where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has a corresponding meaning;
(k) each paragraph or sub-paragraph in a list is to be read independently from the others in the list;
(l) a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and
(m) a reference to a party includes that party's executors, administrators, substitutes, successors and permitted assigns.
2.1 the parties SHALL:
(a) keep confidential all information and technical data disclosed by CREATION DEVELOPMENTS AUSTRALIA PTY LTD to the parties provided that the parties shall have the right to disclose such information to its employees insofar as it is necessary for them to know the information for the use of the approval granted herein; and
(b) not use any of CREATION DEVELOPMENTS AUSTRALIA PTY LTD’s disclosures or other information or technical data except for the purposes of the approval granted herein and on the terms of this Agreement.
2.2 Notwithstanding the provisions of clause 2.1(a) the parties may disclose information if and to the extent that:
(a) such disclosure is forced by laws, regulations or orders;
(b) the information is generally available in the public domain except where that is a result of a disclosure in breach of this Agreement;
(c) the parties can prove that it knew the information before it was disclosed to it by CREATION DEVELOPMENTS AUSTRALIA PTY LTD.
2.3 the parties shall not use or disclose or allow to be used or disclosed Confidential Information to any third party except:
(a) with the consent of CREATION DEVELOPMENTS AUSTRALIA PTY LTD; or
(b) in accordance with Government or other public regulatory requirements, and The Parties and the parties must take, or cause to be taken, reasonable precautions necessary to maintain the secrecy and confidentiality of, and to prevent the disclosure of, the Confidential Information.
2.4 the parties will not at any time for any reason use or attempt to use any information which they may acquire in the course of their involvement with CREATION DEVELOPMENTS AUSTRALIA PTY LTD in any manner which may injure or cause loss or be calculated to injure or cause loss to CREATION DEVELOPMENTS AUSTRALIA PTY LTD, nor use or disclose to any person any Confidential Information of or relating to CREATION DEVELOPMENTS AUSTRALIA PTY LTD or any person with whom they have come into contact as a result of their involvement with CREATION DEVELOPMENTS AUSTRALIA PTY LTD or any trade or business secrets of which they become possessed while involved with CREATION DEVELOPMENTS AUSTRALIA PTY LTD, and will use its best endeavor’s to prevent the use or disclosure of any such Confidential Information by third parties.
2.5 the parties acknowledges and agrees that CREATION DEVELOPMENTS AUSTRALIA PTY LTD provides Confidential Information about the operation of the Business and that this Confidential Information is to remain the property of CREATION DEVELOPMENTS AUSTRALIA PTY LTD. THE PARTIES acknowledges and agree that it has no right or entitlement to use or disclose to any person this Confidential Information.
2.6 Considering the unique character of the Confidential Information, the loss of which may not be reasonably or adequately compensated for in damages or an action at law, the failure of the parties to perform its obligations concerning Confidential Information will entitle CREATION DEVELOPMENTS AUSTRALIA PTY LTD to commence an action against THE PARTIES for an injunction to enjoin and restrain the parties from its breach (whether with or without a simultaneous action for damages).
2.7 The provisions of this clause shall continue to bind a party even after the expiry or termination of this Agreement or after the parties has ceased to be a party to this Agreement.
3. Copyright Notice.
3.1 Visitors and other Parties posting and/or submitting User-Generated Content (UGC) on Creation Developments Australia Pty Ltd site give permission/ ownership of such UGC unless CREATION DEVELOPMENTS AUSTRALIA PTY LTD is advised differently by writing to the General Manager.
3.2 Agreements are in place for formal submissions to CREATION DEVELOPMENTS AUSTRALIA PTY LTD to transfer copyright of any resource, logos, pictures, ideas, graphs, materials etc from the Author to CREATION DEVELOPMENTS AUSTRALIA PTY LTD for use in the Business.
3.3 CREATION DEVELOPMENTS AUSTRALIA PTY LTD claims copyright on this site and all content submitted to this site as its own property and can be used, modified, dispersed, sold or given away at the discretion of CREATION DEVELOPMENTS AUSTRALIA PTY LTD unless an agreement is in place to act otherwise with UGC on CREATION DEVELOPMENTS AUSTRALIA PTY LTD sites.
4. Trademark Notice.
4.1 The Creation Developments Australia Pty Ltd LOGO created May 2007 is an unregistered Trade Mark and is represented by “TM”