WEBSITE CONDITIONS OF USE
This website is offered to you, the client, by Robert Dommett and Associates Pty Ltd. of Level 16, 168 Walker St, North Sydney NSW 2060 Australia the ("Company") and is expressly conditioned on your acceptance without modification of the terms, conditions and notices contained herein ("Terms"). Your use of the website constitutes your acceptance to all such Terms and any other notices or disclaimers on our website. Please read the Terms carefully. If you do not agree with the Terms then you must immediately cease using the website.
Use of the Website
The content and information on the website, as well as the infrastructure used to provide such content and information, is proprietary to the Company or its suppliers and providers.
If you use the website for any non-personal or business activity, you must first obtain all necessary consents and permissions and pay all relevant taxes and you indemnify the Company for any claim made against it, arising out of or in any way connected with your use of the website for commercial or business purposes.
You must comply with all applicable laws regarding your use of our website.
You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the website without the necessary permission of the relevant rights holder. In addition, you must not:
- access, monitor or copy any content or information of the website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose;
- take any action that imposes, or may impose, in the discretion of the Company, an unreasonable or disproportionately large load on the website infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the website;
- post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time; or
- post or transmit any information which infringes the rights of others including, without limitation, privacy rights or copyright, trade mark or other proprietary rights.
Use of the website may require you to register or be registered and thereby provide certain information to the Company or its suppliers. As a condition of using the website you represent and warrant that:
- the personal information you provide is true, accurate, current and complete; and
- you will maintain and promptly update the personal information held by the Company to keep it true, accurate, current and complete.
By registering for use of the website, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the website in accordance with all Terms herein. You agree to be financially responsible for all of your use of the website (as well as for use of your account by others, including without limitation minors (under 18 years old) living with you).
You agree to supervise and be responsible for all usage by minors of the website under your name or account.
You must keep secure any means of identification that we provide to you in order to access the website.
Rights to Suspend or Terminate
You agree that the Company may, in its sole discretion, terminate or suspend the display of any content or your use of the service immediately and/or refuse any and all current or future access to and use of the website without notice if, in the reasonable opinion of the Company:
- you breach the Terms or you assist another person to breach the Terms; or
- you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; or
- your use of the website is or has the potential to be contrary to the Company's commercial interests or damaging to its reputation or the reputation of its products or services; or
- you take any action that imposes, or may impose an unreasonably large load on the website infrastructure; or
- you make use of the website in any way which exceeds what the Company at its sole discretion deems to be fair use.
Privacy and Use of Your Contact Information
To the extent permitted by law and subject to the statutory warranties below, the Company:
- disclaims all warranties, terms and conditions with regard to this website and the services offered, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement
- is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and
- excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.
Without limiting the general disclaimer, the Company:
- makes no warranty or representation regarding the website, products or services on the website and/or any materials provided in the website including, without limitation, in relation to merchantability or fitness for a particular purpose. All content is provided on an "as is" basis only. The Company is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
- will not be liable for disruptions to this website; and
- is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems
These Terms must be read subject to any statutory provisions. If such statutory provisions apply to limit the warranty exclusion referred to above, to the extent to which the Company is entitled to do so, the liability of the Company will be limited at its option to:
- in the case of supply of goods, the replacement of the goods, or supply of equivalent goods, the payment of the costs of the replacing the goods or requiring the goods, the payment of the cost of having the goods repaired, or the repair of the goods; and
- In the case of services, the supply of the services again, or the payment of the cost of having the services performed again.
To the extent permitted by law, we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any other clients or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You must defend and indemnify, and keep indemnified, the Company, its related bodies corporate, and/or its suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of the website.
Links to Third-Party Websites
The website may contain advertisements and hyperlinks to websites operated by parties other than the Company. Such advertisements and hyperlinks are provided for your reference only. The Company does not control such websites and is not responsible for their contents or your use of them. The Company's inclusion of advertisements hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Copyright and Trade Mark Notices
All contents of the website are protected by copyright and all rights are reserved. The Company holds registered rights to the GEOTRIBES, GEOSMART, GEOPROPHET and GEOFUSION trademarks. Other product and company names mentioned herein may be the trademarks of their respective owners. Images on the website must not be copied, saved or used in any format other than as incidental to your legal use of the website.
Reviews, Comments and Other Submissions
Please be aware that by submitting content to us by electronic mail, postings on the website or otherwise ("Content"), you:
- grant the Company a worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Content in any form or on any medium and for any purpose, including posting the Content on any Company or third party website or publication, using the Content in any promotions and marketing, and sub-licensing the Content;
- warrant that you own all rights, including intellectual property rights, in the Content;
- warrant that you have the authority to grant this licence to the Company;
- warrant that the Content does not breach any laws, including defamation laws; and
- so far as you are able, unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Content. Further, you unconditionally consent to any act or omission by the Company in relation to the Content which may otherwise be an infringement of your moral rights.
These Terms are governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of the website. Use of the website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The Company reserves the right to change the terms, conditions, and notices under which the website is offered.
The Company may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
The Company may at any time at it sole discretion and without notice remove any information stored by you on the website.
The Company may at any time and without notice change the content, services and access means available on the website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the website.
If any part of these Terms 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 Terms shall continue in effect.
These Terms constitutes the entire agreement between, you, the client and the Company with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the client and the Company with respect to the website.
Any rights not expressly granted herein are reserved.
Version live 18/09/2015.
© 2015 Robert Dommett and Associates Pty Ltd. All rights reserved.