As a user of the Exact Mining Services website ('www.exactmining.com.au'), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.
By allowing you to access the website, Exact Mining Services grants to you a license. By accessing the website, you accept the terms and conditions of this license.
Pursuant to this license and subject to the absolute right of Exact Mining Services to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:
- View the material in the website.
- Access material contained in the website.
- Use the website strictly in accordance with the provisions of this license.
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.
However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from Exact Mining Services, and upon payment of any fee required by Exact Mining Services to be paid by you for that use.
You hereby undertake the following obligations:
- To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of Exact Mining Services, except as expressly authorised by this license.
- To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this license.
- To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of Exact Mining Services.
- To not use the material in the website for, or in connection with, a service bureau operation.
Exact Mining Services does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause Exact Mining Services to be in breach of the terms of this license.
Exact Mining Services reserves the right to change, add or remove any material in or from the website without notice.
Exact Mining Services does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this license, which cannot be lawfully excluded, such terms will apply to this license, save that the liability of Exact Mining Services for breach of any such implied term will be limited, at the option of Exact Mining Services, to any one or more of the following:
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
- The payment of the cost of having the goods repaired or the services performed again.
Exact Mining Services will not be liable for any indirect or consequential losses arising out of a breach of this license, or arising out of the supply of a defective program or incorrect materials.
When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Exact Mining Services which has not been stated expressly in this license or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Exact Mining Services (which material may be out of date or superseded).
You acknowledge that the material in the website is the subject of copyright © and that it is the subject of other intellectual property and legal rights (including third-party rights).
You must not, during or at any time after the expiry or termination of this license, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this license.
'Exact Mining Services' and all associated trademarks are trademarks of Exact Mix Pty Ltd and their related bodies corporate.
You must indemnify and keep Exact Mining Services indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Exact Mining Services may incur to a third party or you as a result of your breach of the provisions of this license.
This website may contain hyperlinks to other websites operated by third parties. You accept that Exact Mining Services has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.
Users are prohibited from placing a link to the website without the prior written consent of Exact Mining Services and on terms satisfactory to Exact Mining Services.
You accept that Exact Mining Services takes no responsibility for any error or omission relating to the material contained in the website.
You accept that Exact Mining Services makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Exact Mining Services will not be held liable for any lapse in the website's accessibility or any consequences whatsoever that flow from the unavailability of the website.
This license commences upon your accessing the website and is granted in perpetuity. However, the license may be terminated without notice by Exact Mining Services if you are in breach of any terms of this license.
Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Exact Mining Services.
Termination pursuant to this clause shall not affect any rights or remedies, which Exact Mining Services may otherwise have under this license or at law.
These are the current terms and conditions of the license.
Exact Mining Services may at any time vary and amend the terms and conditions of this license by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, Exact Mining Services has provided you with sufficient notice of the variation and amendment.
It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.
Failure or neglect by Exact Mining Services to enforce at any time any of the provisions of this license shall not be construed or deemed to be a waiver of the rights of Exact Mining Services under this license.
This license shall be governed by and construed according to the laws of the state of South Australia, Australia.
'Exact Mining Services' means Exact Mix Pty Ltd, all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.
'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Exact Mining Services websites. |
