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These terms and conditions
apply to the use of this web site. In using this web site, you agree to be
bound by these terms and conditions. If you do not accept these terms and
conditions, you must refrain from using this web site. These terms and
conditions must be read in conjunction with any other applicable terms and
conditions governing the use of this web site.
1.
Terminology
1.1 In
these terms and conditions, the expressions .we., .us. and .our. are a reference
to the DART Internet.
1.2 In
these terms and conditions, except to the extent that the context otherwise
requires:
Deep Hyperlink. means any Hyperlink that provides a link
to a web page or internet location that is part of this web site, other than a
Hyperlink to the home page of this web site or the home page of a subsidiary web
site;
Embedded Hyperlink. means any method or mechanism of
Hyperlinking, where it appears that:
(a)
the HyperLinked material is
part of the web site containing the Hyperlink; or
(b)
the HyperLinked material is
not part of the web site where it is originally located;
Hyperlink. means any mechanism of providing a link from
one location to another location on the internet (or a web page);
Keying. means any process or method by which a web page
containing our Material will be returned in the search engine results when a
search is conducted for a competitor.s brand or identity, or vice-versa;
Law.
means the
Corporations Act 2001 (Cth);
Link.
means the same as Hyperlink;
Material. means all
information accessible via this web site;
person. includes individuals, firms, partnerships, bodies
corporate, associations and governments and governmental, semi‑governmental and
local authorities and agencies;
Related Body Corporate.
has the
meaning given to that term by section 50 of the Law;
writing. includes
typewriting, printing, lithography, photography and any other mode of
representing or reproducing words in a permanent and visible form.
2.
Amendments to Terms and Conditions
2.1
We reserve the right to amend these terms and conditions from
time to time. Amendments will be effective immediately upon notification on
this web site. Your continued use of this web site following such notification
will represent your agreement to be bound by these terms and conditions as
amended.
3.
Hyperlinking
Policy
3.1 Subject to your
observance of these terms and conditions, we grant you a revocable, non-transferrable
and non-exclusive right to provide HyperLinks from your web site to our
Material.
3.2 In consideration
of being granted this Hyperlinking right, you undertake:
(a) to not copy,
reproduce, translate, adapt, vary or modify any of our Material without our
expressc onsent, except as expressly authorised by these terms and conditions;
(b) bring into
disrepute us, our products, our services, or our offices or employees;
(c)
to use only
active HyperLinks to our Material and to not use Deep or Embedded HyperLinks;
(d)
to not use
Keying in connection with our Material;
(e)
to only use our
Material in the form in which it is provided;
(f)
to not alter,
amend, redraw, distort, animate or tamper with any of our Material or associated
icons in any way;
(g)
to retain any
copyright or trade mark symbols that appear next to our Material;
(h)
to supervise and
control the use of our Material in accordance with these terms and conditions;
(i) to ensure your
employees, subcontractors and other agents have authorised access to our
Material are made aware of these terms and conditions;
(j)
to not use our
Material in a manner that gives the impression or represents that any person,
organisation or event, is in any way related to, sponsored by, or affiliated
with us; and
(k)
to comply,
within a reasonable time, with any demand or request by us in relation to your
use of our Material.
4.
Disclaimer
4.1 We do not accept
responsibility for any loss, however caused (including through negligence),
which you may directly or indirectly suffer in connection with your use of this
web site or any Linked web site, nor do we accept any responsibility for any
such loss arising out of your use of or reliance on information accessed at or
through this web site.
4.2
To the extent
permitted by law, any condition or warranty which would otherwise be implied
into these terms and conditions is hereby excluded. Where legislation implies
any condition or warranty, and that legislation prohibits us from excluding or
modifying the application of, or our liability under, any such condition or
warranty, that condition or warranty will be deemed included but our liability
will be limited for a breach of that condition or warranty to one or more of the
following:
(a) if the breach
relates to goods:
(i) the replacement
of the goods or the supply of equivalent goods;
(ii)
the repair of
such goods;
(iii) the payment of
the cost of replacement of goods or of acquiring equivalent goods; or
(iv) the payment of
the cost of having the goods repaired; and
(b)
if the breach
relates to services:
(i) the supplying of
the services again; or
(ii)
the payment of
the cost of having the services supplied again.
5.
Exception to disclaimer
5.1
This disclaimer set out in these terms and conditions does not
attempt to exclude liability arising under statute if, and to the extent, such
liability cannot be lawfully excluded.
6. Specific
Warnings
6.1 You must ensure
that your access to this web is not illegal or prohibited by laws which apply to
you.
6.2 You must not
provide Links to our web site from any site that contains any material that:
(a) will subject us
to an action for defamation, breach of copyright, infringement of any other
intellectual property rights, or any law whatsoever; or
(b) is not in
conformity with accepted standards of public decency and good taste.
6.3 You must take
your own precautions to ensure that the process which you employ for accessing
this web site does not expose you to the risk of viruses, malicious computer
code or other forms of interference which may damage your own computer system.
For the removal of doubt, we do not accept responsibility for any interference
or damage to your own computer system which arises in connection with your use
of this web site or any Linked web site.
6.4 Whilst we have
no reason to believe that any information contained on this web site is
inaccurate, we do not warrant the accuracy, adequacy or completeness of such
information, nor do we undertake to keep this web site updated. We do not
accept responsibility for loss suffered as a result of reliance by you upon the
accuracy or currency of information contained on this web site.
6.5 You must
indemnify us and our Related Bodies Corporate and our directors and employees
against any claim by a third party arising out of:
(a) your breach of
these terms and conditions;
(b) your use of your
Links to our Material; or
(c) your use of our
Material.
6.6 Responsibility
for the content of advertisements appearing on this web site (including
HyperLinks to advertisers. own web sites) rests solely with the advertisers.
The placement of such advertisements does not constitute a recommendation or
endorsement by us of the advertisers. products and each advertiser is solely
responsible for any representations made in connection with its advertisement.
7.
Copyright
Copyright in this web site (including text, graphics, logos,
icons, sound recordings and software) is owned or licensed by us. Other than
for the purposes of, and subject to the conditions prescribed under, the
Copyright Act 1968 (Cth) and similar legislation which applies in
your location, and except as expressly authorised by these terms and conditions,
you may not in any form or by any means:
(a) adapt,
reproduce, store, distribute, print, display, perform, publish or create
derivative works from any part of this web site; or
(b) commercialise
any information, products or services obtained from any part of this web site,
without our written permission.
8.
Trade Marks
8.1 Except where
otherwise specified, any word or device to which is attached the TM
or ® symbol is an unregistered or registered trade mark, respectively.
8.2
If you use any
of our trade marks in reference to our activities, products or services, you
must include a statement attributing that trade mark to us. You must not use
any of our trade marks:
(a) in or as the
whole or part of your own trade marks;
(b) in connection
with activities, products or services which are not ours;
(c) in a manner
which may be confusing, misleading or deceptive;
(d) in a manner that
disparages us or our information, products or services (including this web
site).
9.
Restricted Use
Unless we agree otherwise in writing, you are provided with
access to this web site only for your personal use. You are authorised to print
a copy of any information contained in this web site for your personal use,
unless such printing is expressly prohibited. Without limiting the foregoing,
you may not without our written permission on-sell information obtained from
this web site.
10.
Linked web sites
10.1 This web site
may contain Links to other web sites. Those Links are provided for convenience
only and may not remain current or be maintained.
10.2 We are not
responsible for the content or privacy practices associated with Linked web
sites.
10.3 Our links with
Linked web sites should not be construed as an endorsement, approval or
recommendation by us of the owners or operators of those Linked web sites, or of
any information, graphics, materials, products or services referred to or
contained on those Linked web sites, unless and to the extent stipulated to the
contrary.
11. Security
of information
11.1
Unfortunately, no data transmission over the internet can be
guaranteed as totally secure. Whilst we strive to protect such information, we
do not warrant and cannot ensure the security of any information which you
transmit to us. Accordingly, any information which you transmit to us is
transmitted at your own risk. Nevertheless, once we receive your transmission,
we will take reasonable steps to preserve the security of such information.
12. Termination
of Access
12.1 Access
to this web site may be terminated at any time by us without notice. Our
disclaimer will nevertheless survive any such termination.
13.
Governing
Law
13.1
These terms and conditions are governed by the laws in force in
Queensland, Australia.
14.
No
waiver
14.1 The failure of a
party at any time to require full or partial performance of any provision of
these terms and conditions does not affect in any way the full right of that
party to require that performance subsequently.
14.2 The waiver by
any party of a breach of a provision of these terms and conditions is not deemed
a waiver of all or part of that provision or of any other provision or of the
right of that party to avail itself of its rights subsequently.
14.3 Any waiver of a
breach of these terms and conditions must be in writing signed by the party
granting the waiver, and is effective only to the extent specifically set out in
that waiver.
15.
Severability
15.1 Where any
provision of these terms and conditions is void, illegal or unenforceable, it
may be severed without affecting the enforceability of the other provisions in
these terms and conditions and the parties must attempt to replace that severed
part with a legally acceptable alternative clause that meets the parties.
objectives.
16.
Interpretation
16.1
In these terms and conditions, except to the extent the context
otherwise requires:
(a) the singular
includes the plural and vice versa and a gender includes other genders;
(b) a reference to a
party is to be construed as a reference to a party to these terms and
conditions;
(c) a reference to a
party to these terms and conditions includes its successors and permitted
assigns;
(d) a reference to a
clause is a reference to clause of these terms and conditions;
(e) where a word or
phrase is given a particular meaning, other parts of speech or grammatical forms
of that word or phrase have corresponding meanings;
(f)
a reference to a
document or agreement including these terms and conditions includes a reference
to that document or agreement as amended, novated, supplemented, varied or
replaced from time to time;
(g)
in the
interpretation of these terms and conditions, headings are to be disregarded.
17. Return
to the Web Site
17.1 To return
to the web site, click where indicated. By doing so, you acknowledge that you
have read, understood and accept the above terms of use
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