1.1 This disclaimer shall govern your use of Earthd.
1.2 By using Earthd, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use Earthd.
- Copyright notice
2.1 Copyright (c) 2015 Earthd IT Solutions.
2.2 Subject to the express provisions of this disclaimer:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in Earthd and the material on Earthd; and
(b) all the copyright and other intellectual property rights in Earthd and the material on Earthd are reserved.
- Licence to use website
3.1 You may:
(a) view pages from Earthd in a web browser;
(b) download pages from Earthd for caching in a web browser; and
(c) print pages from Earthd,
subject to the other provisions of this disclaimer.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of this disclaimer, you must not download any material from Earthd or save any such material to your computer.
3.3 You may only use Earthd for your own personal and business purposes, and you must not use Earthd for any other purposes.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from Earthd (including republication on another website);
(b) sell, rent or sub-license material from Earthd;
(c) show any material from Earthd in public;
(d) exploit material from Earthd for a commercial purpose; or
(e) redistribute material from Earthd.
3.5 We reserve the right to restrict access to areas of Earthd, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Earthd.
- Acceptable use
4.1 You must not:
(a) use Earthd 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 Earthd 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 Earthd 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 Earthd without our express written consent;
(e) access or otherwise interact with Earthd using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for Earthd; or
(g) use data collected from Earthd for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from Earthd to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through Earthd, or in relation to Earthd, is true, accurate, current, complete and non-misleading.
- Limited warranties
5.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on Earthd;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
5.2 We reserve the right to discontinue or alter any or all of Earthd services, and to stop publishing Earthd, at any time in our 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 we stop publishing the website.
5.3 To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, Earthd and the use of Earthd.
- Limitations and exclusions of liability
6.1 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.
6.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:
(a) are subject to Section 6.1; 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.
6.3 To the extent that Earthd and the information and services on Earthd are provided free of charge, we will not be liable for any loss or damage of any nature.
6.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
6.5 We 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.
6.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
6.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
6.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the 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).
7.1 We may revise this disclaimer from time to time.
7.2 The revised disclaimer shall apply to the use of Earthd from the time of publication of the revised disclaimer on the website.
8.1 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.
8.2 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.
- Law and jurisdiction
9.1 This disclaimer shall be governed by and construed in accordance with Privacy Act 1988.
9.2 Any disputes relating to this disclaimer shall be subject to the non-exclusive jurisdiction of the courts of Australia.
- Our details
10.1 Earthd is owned and operated by Earthd IT Solutions.
11.2 We are registered as an Australia Business.
11.3 Our principal place of business is located in Lane Cove North, NSW Australia 2066.
11.4 You can contact us by writing to the business address given above, by using Earthd contact form, by email to [email protected] or by telephone on 1300 885 911.