Australian Enviro Services Pty Limited (Australian Business No. 84 133 878 627) owns and operates this website. This Terms of Use Agreement states the terms and conditions under which you may access and use this website. By accessing and using this website you agree to be bound by these terms and conditions.
If you do not accept the terms and conditions of the Australian Enviro Services Pty Limited website, you must discontinue using it. Australian Enviro Services Pty Limited may revise this Agreement at any time by updating this website. Use of the website after such changes are posted will indicate your agreement to these revised terms. You should visit this page periodically to review this Agreement.
Disclaimer
This website and all content is provided on an ‘as is’ basis. By accessing and using this website you acknowledge and agree that use of this website and the content is entirely at your own risk.
Australian Enviro Services Pty Limited makes neither representations nor warranties regarding this website and the content, including, without limitation, no representation or warranty:
* (i) that this website and/or content will be complete, accurate, reliable, suitable or timely;
* (ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through this website will be of merchantable quality or fit for a particular purpose;
* iii) that the operation of this website will be uninterrupted or error free;
* (iv) that defects or errors in this website will be corrected;
* (v) that this website will be free from viruses or harmful components; and
* (vi) that communications to or from this website will be secure or not intercepted.
The information contained on this website is for information purposes only. It is not intended to provide accounting, legal, investment, financial, or other advice to you, and you should not rely upon the information to provide any such advice.
All information posted on this website is intended only as a basis for further discussion, enquiry and study. Australian Enviro Services Pty Limited disclaims any liability for direct, indirect or consequential loss arising in connection with the use of the contents of this website or reliance on those contents by any person or organisation, whether in its original form or altered in some way by the user.
Australian Enviro Services Pty Limited gives no warranties nor does Australian Enviro Services Pty Limited make any representation in respect of the contents of this website. Australian Enviro Services Pty Limited advises users of this website to seek their own appropriate independent professional advice to matters raised in this website.
Limitation of Liability
(A) To the extent permitted by law Australian Enviro Services Pty Limited aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content is limited to the following, the choice of which is at Australian Enviro Services Pty Limited sole discretion:
(i) In the case of goods any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
(B) To the extent permitted by law Australian Enviro Services Pty Limited will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(C) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
Australian Enviro Services Pty Limited expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of this website or any advertiser or sponsor of the website. Under no circumstances shall Australian Enviro Services Pty Limited and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from this website.
If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to this website, you do so entirely at your own risk.
You hereby release Australian Enviro Services Pty Limited and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through this website or by third parties through this website.
Links, Downloads, Features and Advertisements this website contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Australian Enviro Services Pty Limited of the contents of such third-party web sites.
We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against Australian Enviro Services Pty Limited or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that Australian Enviro Services Pty Limited or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo, or copyright symbol of Australian Enviro Services Pty Limited or any of our affiliates.
Australian Enviro Services Pty Limited is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation
* (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site;
* (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or
* (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Australian Enviro Services Pty Limited encourages links to this website, it does not wish to be linked to or from any third-party web site which:
* (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Australian Enviro Services Pty Limited or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
* (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy, or which is protected by copyright, trademark or other proprietary rights. Australian Enviro Services Pty Limited reserves the right to prohibit or refuse to accept any link to this website, including, without limitation, any link which contains or makes available any content or information of the aforementioned nature, at any time. You agree to remove any link you may have to this website upon the request of Australian Enviro Services Pty Limited.
Indemnity
You agree to indemnify, defend and hold harmless Australian Enviro Services Pty Limited and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Australian Enviro Services Pty Limited website or any Australian Enviro Services Pty Limited website Content or other content to which the Australian Enviro Services Pty Limited website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Australian Enviro Services Pty Limited website; and/or (iv) your violation of any law or regulation.
Governing Law and Jurisdiction
This website (excluding linked Web sites) is controlled by Australian Enviro Services Pty Limited based in the state of New South Wales, Australia. By accessing or using this website, you agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the state of New South Wales and the laws of Australia. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Australia and/or the courts of the state of New South Wales with respect to such matters.
