Terms and Conditions
The ‘Adavale Resources Limited’ website is owned and operated by ‘Adavale Resources Limited’. Your access to this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (known collectively as “Terms and Conditions”). Your use of, and/or access to, the Network constitutes your agreement to the Terms and Conditions. ‘Adavale Resources’ reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere on the Network.
Intellectual property and restrictions on use of Content on the Network
All information, text, material, graphics, software and advertisements on this website (“Content”) are Copyright ©1997-2007 ‘Adavale Resources’, its suppliers and/or licensors unless expressly indicated otherwise on this website. The Content is protected by Australian and international copyright and trademark laws. Content on this website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for or expressly authorized in writing by ‘Adavale Resources’ or its Affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on this website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use this website in any manner or for any purpose which is unlawful or in any manner which violates any right of ‘Adavale Resources’ or an Affiliate or which is prohibited by the Terms and Conditions.
It is a condition of your use of any Communication Facility and your access to this website that you do not do any of the following
- restrict or inhibit any other user from using or enjoying any Forum;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
‘Adavale Resources’ may from time to time monitor or review the contents of its Communication Facilities. While ‘Adavale Resources’ reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in ‘Adavale Resources’s’ sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions, ‘Adavale Resources’ has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is ‘Adavale Resources’ responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on this website are solely their own).
‘Adavale Resources’ reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Advertising, links to third party websites and e-commerce offers
This website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of ‘Adavale Resources’, and ‘Adavale Resources’ is not responsible for the contents of any linked web or any hyperlink contained in a linked website. ‘Adavale Resources’ provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by ‘Adavale Resources’ or its Affiliates. You link to any such website entirely at your own risk.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by ‘Adavale Resources’, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by ‘Adavale Resources’ of goods or services on the Network which cannot be excluded, restricted or modified (“Non-excludable Rights”). ‘Adavale Resources’ does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all Content is provided “as is” and without warranties of any kind, either express or implied,
- ‘Adavale Resources’ and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
- ‘Adavale Resources’ does not warrant that the functions contained in any Content or any Communications Facility or your access to this website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits Content to you are free of viruses or any other harmful components,
- ‘Adavale Resources’ does not warrant or make any representation regarding your access to, or the results of your access to, this website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
- you (and not ‘Adavale Resources’) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of ‘Adavale Resources’) will ‘Adavale Resources’ or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content. You expressly acknowledge and agree that ‘Adavale Resources’ does not exert control over users of the website (including client / site administrators and its individual members) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, ‘Adavale Resources’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of ‘Adavale Resources’ to the following:
In the case of services supplied or offered by ‘Adavale Resources’,
- the supply of the services again, or
- the payment of the cost of having services supplied again; and in the case of goods supplied or offered by ‘Adavale Resources’,
- the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods,
- the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
The Terms and Conditions are effective until terminated by ‘Adavale Resources’, and ‘Adavale Resources’ may terminate this agreement and your access to this website at any time without notice. In the event of termination, you are no longer authorized to access this website, but all restrictions imposed on you, licenses granted by you and all ‘Adavale Resources’ disclaimers and limitations of liability set out in the Terms and Conditions will survive.