Terms and Conditions
WEBSITE TERMS AND CONDITIONS
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. We reserve the right to prevent you using this website at any time if you breach these terms and conditions.
2. When you visit our website, we give you a limited licence to access our information.
3. You are not permitted to download a copy of any information on this website to your computer other than as may be permitted under these conditions.
4. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
5. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.
6. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.
7. You acknowledge that you enter any third party websites at your own risk and that we are not responsible for third party websites. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
8. You may not link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. We retain discretion to ask that you remove any hyperlink upon request.
Intellectual Property Rights
9. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
10. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Implied Terms and Guarantees
11. Subject to any statutory guarantees, conditions, warranties or rights that cannot be excluded or limited under the Competition and Consumer Act 2010 (Cth) and other consumer protection laws:
a. we give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it;
b. we give no guarantee, condition, warranty or undertaking, and we make no representation to you about the condition, suitability, safety or fitness for purpose of this website;
c. all implied conditions, implied warranties, and implied rights are excluded from these terms and conditions (collectively, Implied Terms and Guarantees).
Limitation of Liability
12. If we become liable to you under these terms and conditions or pursuant to any Implied Terms and Guarantees imposed on us by operation of law, that liability is limited to the maximum extent permitted by law. That is, to the extent it is fair and reasonable, our liability for any goods and/or services supplied under these terms and conditions is limited to, at our election and in our absolute discretion, either to:
a. in the case of goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of having the goods replaced; or
• the payment of the cost having the goods repaired.
b. in the case of services:
• the re-supply of those services; or
• the payment of the cost of having those services re-supplied.
Extent of Liability
13. Except as provided in this clause, and notwithstanding any implication arising from any other clause in these terms and conditions, we will not, to the maximum extent permitted by law, be liable to you or any person claiming through or under you in contract or in tort for or in respect of any direct loss, damage, expense or injury suffered by you or any other person, arising out of or in relation to these terms and conditions, their performance, any delay in their performance or their non-performance (including by way of illustration and not limitation, liability due to our negligence or default).
Consequential Loss and Damage
14. Notwithstanding anything contained in these terms and conditions, we will not to the maximum extent permitted by law be liable to you or any person claiming through or under you in contract or in tort in respect of any indirect or consequential loss, damage, expense or injury suffered by you or any other person (including by way of illustration and not limitation, loss of profits, income or product).
15. To the maximum extent permitted by law, you agree to fully indemnify and hold us harmless against any expenses, costs, losses (including consequential losses) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with this website, including but not limited to, any breach by you of these terms and conditions.
16. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those Courts.
17. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
18. By accessing and using this website, you affirm that you are over the age of 18 years old or otherwise have the consent of your legal parent or guardian to access and use this website.
19. We undertake to take all due care with any information including comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.