Conditions of Use
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Transtasman Fisheries Pty Ltd Website form the conditions of supply of material on, use of and access to Transtasman Fisheries Pty Ltd Website. Your continued use of Transtasman Fisheries Pty Ltd Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Transtasman Fisheries Pty Ltd Website.
Accuracy of information and disclaimer of warranties
All material on Transtasman Fisheries Pty Ltd Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of Transtasman Fisheries Pty Ltd Website is at your sole risk. Access to Transtasman Fisheries Pty Ltd Website is provided on an ‘as available’ basis. Neither Transtasman Fisheries Pty Ltd Website its related bodies corporate nor its or their directors or employees make any representation or warranty that:
(i)
any material on Transtasman Fisheries Pty Ltd Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
(ii)
your access to Transtasman Fisheries Pty Ltd Website will be uninterrupted, timely or secure. Transtasman Fisheries Pty Ltd Website will not be liable for loss resulting from any action or decision by you in reliance on the information on Transtasman Fisheries Pty Ltd Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
General information only – non advisory.
The material on Transtasman Fisheries Pty Ltd Website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Copyright.
The material provided on Transtasman Fisheries Pty Ltd Website is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Transtasman Fisheries Pty Ltd or the appropriate supplier or licensor of Transtasman Fisheries Pty Ltd.
You may not use any part of the material on a Transtasman Fisheries Pty Ltd Website site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Trademarks.
The logos of Transtasman Fisheries Pty Ltd and the logos present on the Transtasman Fisheries Pty Ltd Website sites registered trademarks of Transtasman Fisheries Pty Ltd or its related bodies corporate. Other trademarks may be displayed on Transtasman Fisheries Pty Ltd Website from time to time. These may belong to third parties. Nothing displayed on Transtasman Fisheries Pty Ltd Website should be construed as granting any licence or right of use of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant owner.
Your conduct.
As a condition of your use of Transtasman Fisheries Pty Ltd Website or any services on Transtasman Fisheries Pty Ltd, you warrant to Transtasman Fisheries Pty Ltd that you will not use Transtasman Fisheries Pty Ltd Website for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on Transtasman Fisheries Pty Ltd Website. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
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use Transtasman Fisheries Pty Ltd Website to defame, abuse, harass, stalk, threaten or otherwise offend others; publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
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use any automated scripting tools or software;
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engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Transtasman Fisheries Pty Ltd Website;
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impersonate any person or entity;
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upload, post, e-mail, transmit or otherwise make available using Transtasman Fisheries Pty Ltd Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
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breach any applicable laws or regulations.
Transtasman Fisheries Pty Ltd Website has no obligation to monitor any user’s use of Transtasman Fisheries Pty Ltd Website Corporate website, however Transtasman Fisheries Pty Ltd retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify Transtasman Fisheries Pty Ltd if Transtasman Fisheries Pty Ltd or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Transtasman Fisheries Pty Ltd Website.
Third Party links to advertising.
Hyperlinks and pointers to websites operated by third parties will appear on Transtasman Fisheries Pty Ltd Website from time to time. These websites do not form part of Transtasman Fisheries Pty Ltd Website and are not under the control of Transtasman Fisheries Pty Ltd or its related bodies corporate and neither Transtasman Fisheries Pty Ltd nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave Transtasman Fisheries Pty Ltd Website and do so entirely at your own risk.
Transtasman Fisheries Pty Ltd Website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Transtasman Fisheries Pty Ltd Website or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
If you contact a third party using functionality provided on Transtasman Fisheries Pty Ltd Website, including via e-mail, Transtasman Fisheries Pty Ltd Website accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Limitation of Liability.
Transtasman Fisheries Pty Ltd Website and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise Transtasman Fisheries Pty Ltd and its related bodies corporate exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Transtasman Fisheries Pty Ltd liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Transtasman Fisheries Pty Ltd Website’s option, to:
in the case of services supplied or offered by Transtasman Fisheries Pty Ltd Website:
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the re-supply of those services; or
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the payment of the cost of having those services re-supplied; and
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in the case of goods supplied or offered by Transtasman Fisheries Pty Ltd
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the replacement of the goods or the supply of equivalent goods;
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the repair of the goods;
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the payment of the cost of having the goods replaced; or
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the payment of the cost of having the goods repaired.
You expressly agree and understand that in no circumstances will Transtasman Fisheries Pty Ltd Website or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Transtasman Fisheries Pty Ltd or its related bodies corporate) which result from:
(i)
the use of or access to or any inability to use or access Transtasman Fisheries Pty Ltd Website or any material on Transtasman Fisheries Pty Ltd Website;
(ii)
unauthorised access to or alterations of your transmissions or data; or
(iii)
statements or conduct of any third party on Transtasman Fisheries Pty Ltd Website.
Excluding liability for negligence the maximum liability of Transtasman Fisheries Pty Ltd and its related bodies corporate is equivalent to the total of any amounts you have paid to Transtasman Fisheries Pty Ltd and its related bodies corporate in respect of goods or services supplied to you by Transtasman Fisheries Pty Ltd or its related bodies corporate through Transtasman Fisheries Pty Ltd Website.
