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Terms of Use
EnviroMission Limited ACN 094 963 238 ("EnviroMission")
agrees to allow you access to its website ("Website")
conditional upon your acceptance and compliance with the terms, conditions,
notices and disclaimers contained in this document ("Terms of
Use"). Your use of, and/or access to, the Website constitutes
your agreement to the Terms of Use. EnviroMission reserves the right to
amend the Terms of Use at any time. Since you are bound by these Terms
of Use, you should periodically refer to them in this document and elsewhere
on the Website.
Intellectual property and restrictions on use of
Content on the Website
All information, text, material, graphics, software and advertisements
on the Website ("Content") are Copyright © 2002
EnviroMission, its suppliers and/or licensors unless expressly indicated
otherwise on the Website. The Content is protected by Australian and international
copyright and trademark laws. Content on the Website is published in real-time,
and you must not modify, copy, reproduce, republish, frame, upload to
a third party, post, transmit or distribute this Content in any way except
as expressly provided for on the Website or expressly authorised in writing
by EnviroMission. Strictly on the condition that you keep all Content
intact and in the same form as presented on the Website (including without
limitation all copyright, trademark and other proprietary notices and
all advertisements), you may use an industry-standard Web browser, download
and view the Content for your personal 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 EnviroMission or which is prohibited by the Terms
of Use.
User licence to EnviroMission
By placing any information or other material on the Website (including
posting messages, uploading files, inputting data or engaging in any other
form of communication), you grant to EnviroMission a perpetual, royalty-free,
non-exclusive, irrevocable, unrestricted, worldwide licence to do the
following in respect of the information or material:
- 1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or
broadcast, publicly perform or display, and
- 2. sublicense to any third parties the unrestricted right to exercise
any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights
in any such information or other material including but not limited to
rights under copyright, trademark, service mark or patent laws under any
jurisdiction worldwide. You expressly waive in favour of EnviroMission
and any other party authorised by EnviroMission all moral rights and any
similar rights in any jurisdiction which you may have or hereafter acquire
in respect of any relevant communication or other material. At the request
and expense of EnviroMission , you will execute and deliver to EnviroMission
such instruments and take such other actions as may be required to carry
out this grant of licence and waiver.
Links to third party websites
The Website contains hyperlinks and other pointers to Internet websites
operated by third parties. These linked websites are not under the control
of EnviroMission, and EnviroMission is not responsible for the contents
of any linked web or any hyperlink contained in a linked website. EnviroMission
provides these hyperlinks to you as a convenience only, and the inclusion
of any link does not imply any endorsement of the linked website by EnviroMission.
You link to any such website entirely at your own risk.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in
Australia may confer rights and remedies on you in relation to the provision
by EnviroMission of goods or services on the Website which cannot be excluded,
restricted or modified ("Non-excludable Rights"). EnviroMission
does not exclude any Non-excludable Rights but does exclude all other
conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is
provided "as is" and without warranties of any kind, either
express or implied, b) EnviroMission and its suppliers expressly disclaim
all warranties of any kind including but not limited to implied warranties
of merchantability and fitness for a particular purpose, c) EnviroMission
does not warrant that the functions contained in any Content 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
Content to you are free of viruses or any other harmful components, d)
EnviroMission does not warrant or make any representation regarding your
access to, or the results of your access to, the Website (including any
related or linked websites) or any Content in terms of correctness, accuracy,
timeliness, completeness, reliability or otherwise, and e) you (and not
EnviroMission ) assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission
on the part of EnviroMission ) will EnviroMission be liable for any indirect,
incidental, special and/or consequential damages or loss of profits whatsoever
which result from any use or access of, or any inability to use or access,
the Website or any Content.
To the fullest extent permitted by law, EnviroMission's liability for
breach of any implied warranty or condition which cannot be excluded is
limited at the option of EnviroMission to, in the case of services supplied
or offered by EnviroMission, (a) the supply of the services again, or
(b) the payment of the cost of having services supplied again; and in
the case of goods supplied or offered by EnviroMission , (c) the replacement
of the goods or the supply of equivalent goods, (d) the repair of such
goods, (e) the payment of the cost of replacing the goods or acquiring
equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by EnviroMission, and
EnviroMission may terminate this agreement and your access to the Website
at any time without notice. In the event of termination, you are no longer
authorised to access the Website, but all restrictions imposed on you,
licenses granted by you and all EnviroMission disclaimers and limitations
of liability set out in the Terms of Use will survive.
Miscellaneous
EnviroMission relies on your continued observance of these Terms of Use.
If EnviroMission suffers any loss or damage or incurs any costs in connection
with any breach of these Terms of Use or any other legal obligation then
you agree to indemnify EnviroMission for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the
laws of Victoria. You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of Victoria. If any provision of this agreement
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 herein are reserved.
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