Legal Page
Disclaimer and legal notices
Access to and use of this site is provided by CB Consult ABN 14 787 258 933 on
the following conditions and according to any other directions or rules
of use on this site.
If you access this site (other than to read these Terms for the first
time), you agree to these Terms. If you do not agree to these Terms,
you should not review information or obtain goods or products from this
site.
We reserve the right to change the Terms at any time by posting changes
on-line. You are responsible for informing yourself of any changes by
regularly reviewing these pages. If you access the site after changes
are posted, you agree to all changes (including those which you are
then unaware have been posted).
Disclaimers, liability limitation and indemnity
General disclaimers
Use of this site is at your risk. None of us, our affiliates or any of
our or their respective directors, officers, employees, agents,
contributors, third party content providers or licensors makes any
express or implied representation or warranty about this site, its use,
its content, or any products or services (including our products and
services) referred to on this site. None of us shall be liable, in
contract, in tort (including negligence), or otherwise, for any direct,
indirect, special or consequential loss, damages or reliance in
connection with this site, its use, its content or any products or
services (including our products or services) referred to on this site.
This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
-
your reliance on the completeness, accuracy, suitability or currency of
the site or its content (including third party material and
advertisements on this site), irrespective of any verifying measures
taken by us. This site is designed for general interest only. It is not
advice and you should not rely on it.
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failure of performance, error, omission, interruption, deletion,
defect, failure to correct defects, delay in operation or transmission,
computer virus or other harmful component, loss of data, communication
line failure, unlawful third party conduct, or theft, destruction,
alteration or unauthorised access to records
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accessing any sites or servers maintained by other organisations
through links on this site. Links are provided for the convenience of
our site users only and without responsibility for the content or
operation of those sites. Unless otherwise stated, linked sites and
their products and services are not endorsed by us and your linking to
any such site is at your own risk.
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the provision of credit card or other financial information, the
failure to complete (or delay in completing) any transaction, or other
loss or damage arising from any e-commerce transacted or attempted to
be transacted on this site
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defamatory, threatening, offensive or unlawful conduct of third parties
or our publication of any materials relating to or constituting such
conduct
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a breach by us of our Privacy Policy (other than a wilful breach).
Opinions
Opinions expressed on this site are those of the relevant contributors. We do not necessarily share those opinions.
No advice given
If you require specific advice for your individual circumstances,
consult an appropriate expert directly. Do not rely on the general
material on this site. We will endeavour to assist you if you
specifically inquire about matters in which we have expertise, but
cannot accept any responsibility for doing this.
Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all warranties by us
that otherwise would be implied in any transactions for the supply by
us of products or services offered on this site (including warranties
of satisfactory quality, merchantability and fitness for purpose).
Continued site availability and access
We do not warrant that we will continue to make this site available
generally or at all and reserve the right at any time to impose or
increase fees for your future access to any material appearing on this
site. We reserve the right at any time to alter the site in such a way
as to change the equipment needed by you to access or use the site or
any part of it.
Indemnity
You indemnify us, our affiliates and our respective employees, agents,
contributors, third party content providers and licensors from and
against all actions, suits, claims, demands, liabilities, costs,
expenses, loss and damage (including legal fees on a full indemnity
basis) incurred or suffered by you or by us as a direct or indirect
consequence of:
- your accessing, using or transacting on this site
or your attempts to do so (except for our costs of making this site
available to you that you have not agreed to meet); and
- any breach by you or your agents of the Terms.
Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
Copyright and intellectual property notices
International copyright protection
The material on this web site is protected by copyright under the laws
of Australia and, through international treaties, other countries.
We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the
content and compilation of these web pages and on-line images
(including text, graphics, logos, button icons, video images, audio
clips and software) are owned or controlled for these purposes, and are
reserved, by us.
Personal, non-commercial use
You are authorised to:
- download and view content; and
- use the software included in this site in doing this,
for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes.
Creative commons licence
If a web page indicates that the content of that page is available for
a dealing under a creative commons licence, you are also authorised to
deal with the relevant content under the terms of that licence.
Prohibited conduct
Except as expressly authorised under these Terms you may not, without
our prior written permission and the permission of any other relevant
rights owners, copy, mirror, broadcast, reproduce, frame, republish,
download, store (in any medium), up-load to a third party, transmit,
post, broadcast, distribute, show or play in public, adapt or change in
any way the content of, or create a derivative work from, these web
pages for any purpose.
This prohibition does not extend to:
- materials on this site which are expressed to be
freely available for re-use or replication, subject to any conditions
we specify; or
- any fair dealing for the purposes of private study, research, criticism or review.
We can use your feedback
When you send us any feedback or suggestions about this site or our
business, you agree that we can use and adapt any ideas, concepts,
techniques, words or images contained in the feedback or suggestions
for any purpose and without restriction or compensation.
Adding information
We may add information to any message originated via this site.
User conduct
Lawful use only
You must use this site only for lawful purposes.
General prohibitions
You must not up-load, post, transmit or otherwise make available through this site any material which:
- violates or infringes the rights of others (including their privacy and publicity rights).
- is unlawful, threatening, abusive, defamatory,
invasive of privacy, vulgar, obscene, profane or which may harass or
cause distress or inconvenience to, or incite hatred of, any person.
- encourages conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any
law.
- restricts or inhibits any other user from using or enjoying this site.
- affects the functionality or operation of this
site or its servers or the functionality or operation of any users'
computer systems (for example, by transmitting a computer virus or
other harmful component, whether or not knowingly).
- breaches any standards, content requirements or
codes promulgated by any relevant authority, including authorities
which require us to take remedial action under any applicable industry
code.
No SPAM
Electronic addresses posted on this site are published for professional
communications only and do not constitute an invitation to send
unsolicited commercial emails, including (but not limited to) emails
offering to supply goods or services. Except as authorised by these
Terms, you must not harvest email addresses from this site or use or
publish email addresses for any purpose without our written consent.
No promotional materials
You must not, without our prior written consent, up-load, post,
transmit or otherwise make available through this site any material
which contains promotional material, advertising or any solicitation
(whether commercial or otherwise) for products of services.
No infringement of others' proprietary rights
You must not, without the express permission of the relevant rights
owner, up-load, post, transmit or otherwise make available through this
site any material protected by copyright, trade mark or other
proprietary rights.
Disclaimer about others' materials
You acknowledge that third party materials appearing on this site are
not necessarily controlled or monitored by us and that the views
expressed are not necessarily ours.
Subscriber services
We may offer various subscriber services that consist of access to or
the supply or provision of services, content or information not
available to non-registered users. Any particular terms and conditions
attaching to the use of any subscriber service are in addition to these
Terms.
We may cancel or discontinue your use of or access to any subscriber
service without liability to refund any fees paid in advance for future
services if you have breached these Terms.
Creating links to this site
You are welcome to create links from your web pages to these web pages.
Products on linked sites
Third party web sites accessed through links on this site, or
advertisements, their referral buttons or embedded hyperlinks, might
contain representations or offers which you can accept by linking to a
relevant site and executing a transaction. These are not
representations or offers made by us and the relevant third party is
solely responsible to you for the delivery, condition and suitability
of any products or services you purchase by accessing those sites.
General provisions
NSW, Australia law applies
Subject to any over-riding conflict of laws principle, these Terms and
your dealings with us are governed by the laws in force in NSW,
Australia. You irrevocably and unconditionally submit to the
non-exclusive jurisdiction of courts exercising jurisdiction there.
Entire agreement
These Terms constitute the entire and only agreement between us and
you, and supersede all prior or contemporaneous agreements, conduct,
representations, warranties and understandings with respect to the site
or the subject matter of these Terms.
Unenforceable Terms
Any provision of these Terms that is prohibited or unenforceable in any
jurisdiction will be ineffective in that jurisdiction to the extent of
the prohibition or unenforceability. That will not invalidate the
remaining Terms nor affect the validity or enforceability of that
provision in any other jurisdiction.
Site or content may be unlawful outside Australia
We do not warrant that the content of this site complies with the laws
of any country outside of Australia. If you access this site from
outside of Australia, you do so at your own risk and you accept
responsibility for ensuring or confirming compliance with all laws that
apply to you as a result of that access or any consequent transactions
or dealings with us.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful,
does not infringe any third party's rights and does not breach any
standards, content requirements or codes promulgated by any relevant
authority (including relevant Internet industry codes of practice).
You are of legal age
You warrant that you are of legal age and capacity. Children must not
use this site without the express permission of their parents,
guardians or other responsible adults.
English language
These Terms have been prepared in the English language and must be construed accordingly.
© 2007 CB Consult ABN 14 787 258 933. All rights reserved.