Terms of Use
Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the Terms of Use). Your use of, and/or access to the Website constitutes your agreement to the Terms of Use. We reserve the right to amend the Terms of Use at any time.
Your Obligations
You must use the website in a responsible manner. You must not:
- use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages;
- in any way tamper, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website;
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Copyright and Trade Mark Notice
The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by us and protected by copyright law under the laws of Australia and International Copyright laws.
The Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.
You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.
Restrictions on use
You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of ours or an associated entity or which is prohibited by the Terms of Use.
Advertising, Third Party Content and Links to Third Party Websites
The Website contains hyperlinks and other pointers to Internet Websites operated by third parties. We do not control these linked Websites and are not responsible for the contents of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. You link to any such Website entirely at your own risk.
The Website may also contain products and services offered for sale or advertised. Information provided on the Website concerning the products or services may be information from third parties. We are not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website. You should also enquire with the third party supplier the presence of any additional charges or relevant terms. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
We and other persons associated with us may receive fees and/or commissions from the third parties for goods and services displayed on the Website or made available via us. You acknowledge and consent to us receiving these fees.
Prices, Products and Services are Subject to Change
All prices displayed and products and services offered to be supplied on the Website are subject to change without notice.
Indemnity
By entering into the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Disclaimer
Some legislation, particularly consumer protection laws and regulations may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute; save for your statutory rights.
Other than your Statutory Rights, in respect of the Website:
- all material on the Website is provided to you without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
- we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and
- you solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.
To the extent permitted by law, including but not limited to any act or omission on the part of us, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and are not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.
You acknowledge and agree that we are not engaged in rendering legal, professional or financial services advice. The information provided on this Website is for reference purposes only.
Limitation of Liability
To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of us, to one or more of the following.
In the case of services supplied or offered by us:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
In the case of goods supplied by or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; - the payment of the costs of replacing the goods or acquiring equivalent goods;
- the payment of the costs of having the goods repaired.
Miscellaneous
We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted in these Terms of Use are reserved.
If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to that breach or a subsequent or similar breach of the Terms of Use by you.
Termination
The Terms of Use are effective until terminated by us. We may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.