For that reason these Terms are important and you should ensure that you read them carefully. If you have any questions about these Terms, please contact us on firstname.lastname@example.org before you use the Website.
By using the Website you acknowledge and agree to be bound by these Terms. If you do not agree to the Terms, you are not authorised to use the Website.
These Terms include:
a) the terms and conditions set out below; and
b) our Privacy Statement
1. Contents of Website
1.1 The Website contains information, technology, processes and calculation tools (“Data”) prepared in good faith and with all reasonable care. We are not responsible for, and to the extent permitted by law, disclaim all liability relating to your use of and access to the Website (including any other site linked to this Website (“Linked Site")) and to the Data. In particular, we make no warranty, express or implied:
a) concerning the suitability, reliability, availability, timeliness and accuracy of the information, Data or related services contained on the Website or any Linked Site for any purpose; or
b) that your access to the Data, Website or a Linked Site will be uninterrupted or error free, or that the Website or a Linked Website will be free from viruses.
1.2 We are under no obligation to update any Data. Formulas, opinions or strategies contained in the Data are based on assumptions, market conditions and information available at the time of writing and may change from time to time.
1.3 You understand and agree that the Data and information contained on the Website does not constitute advice and has been prepared for distribution over the internet, without taking into account your particular needs or objectives. You understand and agree that your use of the Data and information on this Website or any Linked Site is solely at your own risk. To the extent permitted by law, you release us from any claims that you might otherwise have against us relating to the information and Data on the Website and any Linked Sites. We recommend that you obtain your own independent advice before acting on any information or Data contained in the Website.
2. Linked Sites
2.1 The Website may contain links to, and content from, Linked Sites, including Facebook and Twitter. By accessing those Linked Sites, you agree to any terms of access or use imposed by those Linked Sites. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
2.2 Any Linked Site is provided to you for convenience only. While we will use our best endeavours to correct any errors or incorrect information provided in a Linked Site, we do not:
a) endorse any material on those Linked Sites;
b) provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose of any other aspect of the material on those Linked Sites; or
c) warrant that material on the Linked Sites will not infringe the intellectual property rights or other rights of any other person.
2.3 You acknowledge that we cannot and do not grant any permission, licence or authority to you in respect of the intellectual property rights in a Linked Site.
3. Your Content on our Linked Sites
When contributing content to Linked Sites owned or published by us, or on our behalf (such as Facebook or Twitter), please ensure that you:
a) protect your personal privacy and that of others by not including personal information of either yourself or of others in your comments on the Linked Site (such as names, email addresses, private addresses or phone numbers);
b) post material that is relevant to the issues, the subject matter of the Linked Site;
c) represent your own views and not impersonate or falsely represent any other person;
d) do not be abusive, harass or threaten others;
e) do not make defamatory or libellous comments;
f) do not use insulting, provocative, racist, sexist, homophobic or hateful language;
g) do not use obscene or offensive language;
h) do not post material on the Linked Site which you have copied from someone else, that is, which infringes the intellectual property rights of others;
i) do not post multiple versions of the same view to the Linked Site;
j) do not post anything relating to any ongoing or pending criminal trial anywhere in the world; and
k) do not advertise, solicit or promote commercial interests in your comments to the Linked Site.
4. Links and Sharing
4.1 You may link the homepage of this Website to another website or 'share' the link to the homepage of this Website but in linking this Website or sharing the homepage link, you must not:
a) falsely imply our sponsorship of you, affiliation with, endorsement or approval of you; or
b) display the information contained on this Website except in full screen format unless permission has been obtained from us.
4.2 You agree that we may at any time, in our absolute discretion, without liability to you and without notice, for any reason whatsoever, bar any link to this Website.
5.1 You warrant and agree that in using the Website, you:
a) will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
b) will not tamper with another persons' access to the Website or commit unauthorised intrusion into any part of the Website, including computers, files, accounts, networks and equipment;
c) will not attempt to bypass the network firewall;
d) will not use any part of the Website for which you are not authorised, or devise ways to circumvent security in order to access part of the Website for which you are not authorised. This includes but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not;
e) will not attempt to misuse the Website. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, intentional invasion of privacy;
f) will not data mine or conduct automated searches of the Website;
g) will not frame or mirror the Website; and
h) will not include links to the Website (other than to the home page) from any other website except in accordance with section 6 or where the Website indicates that it is acceptable to do so.
6.1 When you access the Website, personal information provided by you is collected by us. If you have any questions in relation to the treatment of your personal information or would like access to your personal information, please refer to our Privacy Statement.
6.3 You agree that we may contact you to provide you with information or comments about your use of the Website, to seek further information from you in respect of your use of the Website or for any other purpose that is consistent with the purposes of the Website.
6.4 You agree that we may provide your personal information to other government agencies and organisations which are engaged in waste management, including local councils and waste management groups (“Waste Agencies”). Waste Agencies will treat your personal information in accordance with our Privacy Statement and these Terms.
7. Warranties and indemnity
7.1 You represent and warrant to us that your use of the Website will comply with these Terms, any directions published from time to time by us and all applicable laws and regulations.
7.2 You acknowledge that any breach of these warranties may cause us damage or loss and you indemnify and hold us, our employees, officers, agents, and contractors harmless from and against any claims, proceedings, actions, liabilities, costs, expense, loss or damage ("Loss") suffered or incurred by any of those indemnified where such loss was caused, directly or indirectly, by your access to and use of the Website or a Linked Site.
8. Liability and disclaimer
8.1 To the extent permitted by law, in no event will we be liable (whether based on contract, tort, negligence, strict liability or otherwise) for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation:
a) damages for loss of use of data, loss of data, loss of profits, loss of revenue, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising out of or in any way connected with the use or performance of the Website or any Linked Site; or
b) any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the Data, the Website or any Linked Site.
8.2 You agree that any legal liability on the part of us, will be reduced by the extent, if any, to which you contribute to the loss.
8.3 The Competition and Consumer Act (2010) (Cth) or similar legislation may imply certain non-excludable terms, conditions, or warranties into these Terms, or may give you certain non-excludable remedies against us ("Statutory Rights"). To the extent permitted by law, if we breach a non-excludable term, condition or warranty, then our liability for that breach will be limited to, at our option:
a) (if the breach relates to goods), the replacement of the goods, the supply of equivalent goods, the repair of the goods or payment of the cost of replacing the goods, of acquiring equivalent goods or of having the goods repaired, and
b) (if the breach relates to services), the supply of the services again or the payment of the cost of having the services supplied again.
9.1 We reserve the right to amend, delete, add to, or otherwise revise any information or materials contained on the Website at any time on reasonable notice, including these Terms. It is your responsibility to monitor any such changes. If you do not accept a change made by us, to the extent permitted by law, your only remedy is to immediately cease accessing and using the Website.
9.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
9.3 If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
9.4 These Terms are governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction of the courts of Victoria, Australia.
9.5 These Terms terminate automatically if, for any reason, we cease to operate the Website. We may otherwise terminate these Terms at any time without notice.
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