Terms and Conditions of use

Website Terms and Conditions of Use

BSR Australia Ltd, including subsidiaries and affiliates ("BSR Group", "we", "us" or "our") provides the information contained on this website, or any of the pages comprising the website ("our Site") to visitors (cumulatively referred to as "you" or "your"), subject to the terms and conditions set out in these website terms and conditions ("Terms and Conditions"), the Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of our Site.

Please read the Terms and Conditions carefully before using our Site.

By using our Site you consent to being bound by the Terms and Conditions which constitute a legal agreement between you and the BSR Group. If you do not agree with any of these Terms and Conditions, please do not use our Site.

1. No Professional Advice

All material available on our Site or through any sites that are linked to our Site by hypertext links (the "Content") is provided by us for background, educational, information and personal entertainment purposes only. The Content does not represent professional advice and should not be relied upon without our specific and written consent. The BSR Group reserves the right at any time to change or discontinue without notice, any aspect or feature of our Site.

2. Exclusion of Warranty

2.1 Whilst we have no reason to believe that the Content on our Site is inaccurate, we do not make any express or implied warranties, representations or endorsements whatsoever in relation to our Site and the Content or any information, products or services provided through our Site or through any sites that are linked to our Site by hypertext links (the "Linked Sites").

2.2 Our Site and Content, including any material contained on Linked Sites (the "Linked Material"), is provided on an "As-Is, As-Available" basis and we:

(a) do not guarantee that the Content or Linked Material is accurate, definitive, reliable, complete or up-to-date;

(b) do not undertake to keep our Site updated;

(c) do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, reliability, completeness or currency of information contained on our Site; and

(d) to the extent permitted by law, make no warranty or representation as to the quality, merchantability or fitness for purpose of the Content or Linked Material or any information, products or services provided through our Site or the Linked Sites.

3. Copyright and Trade Marks Notice

3.1 We have and hold copyright in all Content contained on our Site and in the selection, arrangement and presentation of this Content (including information in the public domain) and overall design of our Site.

3.2 You may reproduce any portion of the Content on our Site subject to the following conditions:

(a) you may down load to a local hard disk or print extracts from our Site for personal, non-commercial use only; and

(b) you may re-copy down loaded extracts to others for their personal, non-commercial use,

PROVIDED that unless for personal or non-commercial use, any reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form, without our express written consent is prohibited.

3.3 We do not own copyright in any third party material contained on Linked Sites or in any third party material which appears on our Site with the consent of the copyright owner. We do not:

(a) warrant or represent that Linked Material does not infringe the intellectual property rights of any third party; or

(b) authorise the infringement by any person of any intellectual property rights of any third parties contained in Linked Material.

3.4 The trade marks, logos and service marks (collectively the "Trade Marks") displayed on our Site to describe companies and their products are the registered and unregistered Trade Marks of the BSR Group and other third parties. Nothing contained on our Site or in these Terms and Conditions should be construed as granting, by implication or otherwise, a licence or any right to any party to use the Trade Marks without our written permission or the written permission of the third party that owns the Trade Marks. The use of the Trade Marks displayed on our Site except as provided for in these Terms and Conditions is strictly prohibited.

4. Links to Other Web Sites

4.1 Our Site contains links and references to websites maintained by organisations that may have no commercial or other relationship with us. The Linked Sites and references have been included for interest and convenience purposes only for visitors to our Site and may not remain current or be maintained. We:

(a) do not sponsor, endorse or approve of the views expressed on the Linked Sites or the information, products and services available on the Linked Sites;

(b) do not guarantee that the information on the Linked Sites is accurate, reliable, definitive, complete or up-to-date;

(c) do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, reliability, completeness or currency of information contained on the Linked Sites;

(d) make no warranty or representation as to the quality, merchantability or fitness for purposes of any Linked Material.

4.2 We reserve the right at our absolute discretion and without notice to remove any links to or frames of our Site from other web sites. For the avoidance of doubt, framing of our Site or any part of our Site is not permitted without express permission.

5. Viruses, Errors, Defects, Security and Interruptions

5.1 You acknowledge that access to our Site and Linked Sites is affected by matters beyond our control. We do not guarantee that the files contained in our Site, Linked Sites or the servers on which our Site or Linked Sites are hosted is unaffected by viruses, errors, defects or will be accessible to users on a continuous or uninterrupted basis.

5.2 We do not guarantee that any viruses, errors or defects discovered to exist on our Site, Linked Sites or the servers on which they are hosted will be corrected. Users of our Site and Linked Sites do so at their own risk.

5.3 For the avoidance 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 our Site or the Linked Site.

5.4 Subject to our Privacy Policy, we do not guarantee that personal or confidential information provided to our Site is secure. Users of our Site acknowledge that personal or confidential information submitted to our Site is sent at the user’s own risk.

6. Specific Warning

You must ensure that your access to our Site is not illegal or prohibited by laws which apply to you. We do not make any warranty or representation that information on our Site is appropriate for use in any jurisdiction other than Australia. By accessing our Site, you warrant and represent to us that you are legally entitled to do so and to make use of information made available via our Site and the Linked Sites.

7. Restricted Use

7.1 Unless we agree otherwise in writing, you are provided with access to our Site only for your personal, non-commercial use.

7.2 You agree that you will not use our Site:

(a) for any purposes that are commercial or may prejudice the reputation or interests of the BSR Group;

(b) to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene sexually orientated, racially offensive, profane, pornographic or violates any application law.

7.3 Without limiting the foregoing, you may not:

(a) without our written permission on-sell information obtained from our Site;

(b) hack into, change or otherwise interfere with the operation of our Site or the Content (including knowingly transmitting a virus or other damaging item to our Site).

8. Privacy Policy

Our Privacy Policy can be viewed here.

9. Disclaimer of Liability

9.1 Subject to any applicable law to the contrary, in relation to any direct or indirect access and use of or reliance on our Site, Linked Sites, the Content or Linked Material, or the inability to use or rely on our Site, Linked Sites, the Content or Linked Material, we:

(a) exclude all liability to third parties;

(b) will not be responsible and/ or liable for any incidental, special, direct or consequential damages, however caused, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if we have notice of the possibility of such damage.

9.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.

9.3 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 replacing the 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.

10. Exception to Disclaimer

This disclaimer set out in the Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded, including without limitation, those implied by the Trade Practices Act 1974 (Cth).

11. Indemnification

You agree to indemnify us (and our employees, officers, managers, assistants, members and agents) from and against all loss, liability, claims, damage or expense of whatever nature which the BSR Group or any third party may suffer (including legal fees), arising out of or relating to, whether directly or indirectly:

(a) your use of our Site, including to send or post such message or material as outlined in clause 7.2(b);

(b) your breach of any provision of these Terms and Conditions; and/or

(c) any intentional wrongdoing by you.

12. General

12.1 Entire Agreement

These Terms and Conditions constitute the sole record of the agreement between you and the BSR Group in relation to your use of our Site. Neither you nor the BSR Group shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the BSR Group in respect of your use of our Site.

12.2 Governing Law and Jurisdiction

These Terms and Conditions are governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. The State or Federal Courts located in Queensland will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms and Conditions.

12.3 Updating or Modification of Terms and Conditions

We may amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on our Site as and when we see fit. Your continued use of our Site constitutes acceptance of these revised Terms and Conditions.

12.4 Last Update

These Terms and conditions were last updated on 1st April 2008.

12.5 Conflict

Where any conflict or contradiction appears between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of our Site shall prevail in respect of your use of the relevant section or module of our Site.

12.6 Waiver

No indulgence or extension of time which either you or the BSR Group may grant to the other will constitute a waiver of or limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

12.7 Assignment

The BSR Group shall be entitled to assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

12.8 Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excised and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

12.9 Contact Information

If you have any queries, comments, or concerns regarding these Terms and Conditions, you may contact us here.