Disclaimer

1. Introduction

1.1 This disclaimer shall govern your use of the Pilbara for Purpose Inc (Pilbara for Purpose) website.

1.2 By using this website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our Privacy Policy and Terms of Use.

 

2. Credit

2.1 This disclaimer was created using a support document from SEQ Legal.

 

3. Copyright notice

3.1 Copyright (c) 2017 for Pilbara for Purpose.

3.2  Subject to the express provisions of this disclaimer:

(a) Pilbara for Purpose, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in the Pilbara for Purpose website and the material on the Pilbara for Purpose website are reserved.

 

4. Licence to use website

4.1 You may:

(a) view pages from the Pilbara for Purpose website in a web browser;

(b) download pages from the Pilbara for Purpose website for caching in a web browser; and

(c) print pages from the Pilbara for Purpose website,

subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from the Pilbara for Purpose website or save any such material to your computer.

4.3 You may only use the Pilbara for Purpose website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from the Pilbara for Purpose website (including republication on another website);

(b) sell, rent or sub-license material from the Pilbara for Purpose website;

(c) show any material from the Pilbara for Purpose website in public;

(d) exploit material from the Pilbara for Purpose website for a commercial purpose; or

(e) redistribute material from the Pilbara for Purpose website.

4.5 Pilbara for Purpose reserves the right to restrict access to areas of the Pilbara for Purpose website, or indeed the whole website, at the discretion of Pilbara for Purpose; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Pilbara for Purpose website.

 

5. Acceptable use

5.1 You must not:

(a) use the Pilbara for Purpose website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use the Pilbara for Purpose in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use the Pilbara for Purpose website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from the Pilbara for Purpose website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through the Pilbara for Purpose website, or in relation to the Pilbara for Purpose website, is true, accurate, current, complete and non-misleading.

 

6. Limited warranties

6.1 Pilbara for Purpose not warrant or represent:

(a) the completeness or accuracy of the information published on the Pilbara for Purpose website;

(b) that the material on the Pilbara for Purpose website is up to date; or

(c) that the Pilbara for Purpose website or any service on the Pilbara for Purpose website will remain available.

6.2 Pilbara for Purpose reserves the right to discontinue or alter any or all of its website services, and to stop publishing the website, at any time at Pilbara for Purpose’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Pilbara for Purpose stops publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, Pilbara for Purpose exclude all representations and warranties relating to the subject matter of this disclaimer, this website and the use of the Pilbara for Purpose website.

 

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a) are subject to Section 7.1; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3 To the extent that the Pilbara for Purpose website and the information and services on the Pilbara for Purpose website are provided free of charge, Pilbara for Purpose will not be liable for any loss or damage of any nature.

7.4 Pilbara for Purpose will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 Pilbara for Purpose will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 Pilbara for Purpose will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 Pilbara for Purpose will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that Pilbara for Purpose has an interest in limiting the personal liability of its officers and employees and, having regard to that interest, you acknowledge that Pilbara for Purpose is an incorporated entity; you agree that you will not bring any claim personally against Pilbara for Purpose officers or employees in respect of any losses you suffer in connection with this website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

8. Variation

8.1 Pilbara for Purpose may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of the Pilbara for Purpose website from the time of publication of the revised disclaimer on the website.

 

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

10. Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with the laws of Western Australia and, where applicable, the Commonwealth of Australia.

10.2 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of Western Australia and, where applicable, the Commonwealth of Australia.

 

11. Our details

11.1  This website is owned and operated by Pilbara for Purpose Inc.

 

12. Contact

12.1  You can contact us:

(a) By using our website contact form here;

(b) By email, using admin@pilbaraforpurpose.org.au.

 

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