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Conditions governing access to and use of this website

Scope of these conditions

You must read and agree to these conditions before making any other use of the website. If you do not agree to these conditions, you must not use the website. By making any use of the site, you accept and agree to be bound by these conditions.

These conditions apply to all use of the website including your use of sections of the site which are subject to additional specific conditions. Your use of any section of the site which is subject to specific conditions is subject to your prior acceptance of those specific conditions.

Warranties and accuracy of data

The Mining and Quarrying Occupational Health and Safety Committee (MAQOHSC) website provides information on an 'as is' basis.

Subject to any non-excludable rights, all express or implied conditions or warranties of any kind (including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights) are excluded.

Although information prepared and acknowledged by the Committee has been produced and processed from sources believed to be reliable, subject to any non-excludable rights no express or implied warranty is made regarding the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information.

This disclaimer applies to both isolated and aggregate uses of the information. If you find any errors or omissions, please report them to the Committee's Web Administrator at webmaster@maqohsc.sa.gov.au.

Liability arising from use of the website

Subject to any non-excludable rights, your use of the website is entirely at your own risk. In no event will the Committee be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site.  Nor is the Committee liable for damages arising from your purchase, or inability to purchase, any goods or services promoted on the site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material.

If circumstances arise where you are entitled to claim damages from the Committee notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), the Committee's liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from the Committee) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at the Committee's election).

Indemnification

You must indemnify the Committee and the hosts, operators, developers of and contributors to the site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the website.

Third party material

The site may include content or references supplied by users or other third parties ('third party material'). The Committee does not monitor and accepts no liability for third party material.

Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material.

The Committee makes no representation and gives no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party material or the identity, knowledge or qualifications of any third party material provider.

Your access to and reliance on third party material is entirely at your own risk. References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement or recommendation by the Committee, and such references shall not be used for advertising or product endorsement purposes.

Links to third party websites

Any links to third party websites from this site are provided solely as a convenience to you. The Committee makes no representation as to the intellectual property rights of any material available on the linked third party web sites and accepts no responsibility for any broken or redirected links.

The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.

The Committee does not review and monitor any linked third party websites and neither the Committee nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site.

It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.

Inappropriate content

You acknowledge that neither the Committee nor the hosts, operators or developers of the site are liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and that the risk of injury from such content rests entirely with you.

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.

Viruses

The Committee cannot and does not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Links from other sites to this website

Other sites may only link to the website with the Committee's prior written permission. Any site that links to the site:

  • Must link to the Committee's home page.
  • Must not replicate the site's content.
  • Must not create a browser or border environment around the site's content.
  • Must not imply any endorsement by the Committee.
  • Must not misrepresent its relationship with the Committee.
  • Must not present false information about the Committee's products.
  • Must not use the Committee's name or logos without the Committee's prior written permission.

Security and availability

There are many inherent risks involved in operating a website and transmitting information over the internet.

Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the internet.

Consequently, the Committee is unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.

Copyright and limited right to use materials

The Committee or third parties own and retain the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.

Unless otherwise expressly stipulated by the Committee, you may only use the website for your personal use and may only print or make an electronic copy of information available on the site for that purpose. You must not sell or otherwise commercially exploit any information made available at the website. You must ensure that all copyright notices are retained in any material copied from the website.

Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the website in whole or in part without the Committee's prior written permission.

If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

By submitting any material to the site or to the Committee in connection with your use of the website, you thereby assign all intellectual property rights in that material to the Committee. You must not submit material to the website if a third party has any intellectual property rights in that material.

Governing law

The website is administered by the Committee from offices in Adelaide, Australia. These conditions and your use of the website and any disputes between you and the Committee shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law.

Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in the State of South Australia. You are solely responsible for ensuring that your use of the website is not prohibited and complies with your local laws.

Severance

If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.

Changes to conditions, site content or access rights

The Committee may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the website after a revision of these conditions evidences your acceptance of that revision.

The Committee may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the website.

Definitions

'Committee' means the Mining and Quarrying Occupational Health and Safety Committee and includes its officers, employees, agents, contractors and contributors of site content.

'Non-excludable rights' means any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement.

'Site' means any part of this and any other website operated by or on behalf of the Committee.

'Use' includes access or use or attempted access or use of any part of the site.

'You' means any person who uses the site.