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To subscribe to MSDS.com.au as a Member, you must agree to the following terms and conditions:
SUBSCRIBER AGREEMENT
MSDS.COM.AU Pty Ltd (ABN 12 083 142 205) ("MSDS.COM.AU") maintain this site (the "Site") for your personal entertainment, information, education and communication. The Site contains material provided by third parties and advertisers (“Participants†). By clicking on the “I AGREE†button you accept and agree to be bound, without limitation or qualification, by the Subscriber Agreement ("Agreement"). If you do not wish to be bound by the Agreement, click the “I DECLINE†button.
| 1. | Use of Site from Outside Australia |
| 1.1 | The Site and its contents are protected by worldwide copyright laws and are designed to comply with Australian laws and regulations. Although accessible by others, the Site and its contents are intended for access and use by Australian residents only. Neither MSDS.COM.AU nor the Participants make any representation that materials in this Site are appropriate or available for use in other countries. The names, descriptions and material safety data sheets of products listed on this Site are of Australian origin. If you choose to access this Site from a country other than Australia (“the User Country†) you do so at your own initiative and risk and you are responsible for compliance with the User Country’s laws and regulations. If accessing the Site from outside Australia, you agree to indemnify MSDS.COM.AU and the Participants for any loss or damage arising from any failure of this Agreement or the information on the Site to comply with the laws of the User Country. |
| 2. | No warranties |
| 2.1 | The Site contains information concerning the Participants’ products that may be useful to the Participants’ customers and employees as well as the public. However, neither MSDS.COM.AU nor the Participants make any representation or warranties nor assume any liability or responsibility for the accuracy (including errors and omissions), reliability, completeness or timeliness of any information contained herein and expressly disclaim any obligation to update the said information. The use of the Site and the information is at your own risk. Changes are periodically made to the Site and may be made at any time. |
| 2.2 | Everything on the Site is provided to you "AS IS" and, to the extent permitted by law, all express, implied or statutory warranties, representations, terms and conditions other than those expressly contained in this Agreement are excluded. Please note that some jurisdictions may not allow the exclusion of all implied warranties, so some of the above exclusions may not apply to you. |
| 2.3 | MSDS.COM.AU does not warrant that the Site will operate error free or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material. Nor does MSDS.COM.AU warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, or will give notice of such use, modification or alteration. |
| 3. | Use of the Site |
| 3.1 | You may freely browse the Site and download material from the Site. You may use downloaded materials for personal, non-commercial use. You may not distribute, modify, transmit, reuse, re-post or use any such materials for public or commercial purposes without the express written permission of MSDS.COM.AU. No graphics may be used separately from the accompanying text. All copyright and other proprietary notices contained in downloaded materials and printed copies thereof must be retained. |
| 3.2 | Images of people or places displayed on the site are either the property of, or used with permission by, MSDS.COM.AU. The use of these images by you is prohibited unless specifically permitted by this Agreement or by specific permission provided elsewhere on the Site. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes. |
| 3.3 | You must not transmit or attempt to transmit any data, code or other material of any kind to the Site, which contains a virus or other harmful component. |
| 3.4 | You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. |
| 4. | Limitation of Liability |
| 4.1 | Your use of the Site is at your own risk. Neither MSDS.COM.AU nor any other party involved in supplying the material, creating, producing or delivering the Site is liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, consequential, or punitive damages or lost profits) arising out of your access to, use of or inability to use and access the Site. This includes damage to your computer equipment by computer viruses or otherwise. If your use of the Site results in the need for servicing or replacing equipment or data, we are not responsible for those costs. |
| 4.2 | Although MSDS.COM.AU may, from time to time, monitor or review the transmissions on the site, MSDS.COM.AU is under no obligation to do so. MSDS.COM.AU assumes no responsibility or liability arising from the content of the Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. |
| 4.3 | MSDS.COM.AU reserves the right to alter or delete material from the Site at any time and will not be liable in any way for possible consequences, loss or damage whatsoever arising from such changes. |
| 5. | Subscription to MSDS.COM.AU |
| 5.1 | To become a subscriber of the Site, you will need to complete the online subscription form. Any information that you provide in the course of subscribing to this site shall not be false, inaccurate or misleading. MSDS.COM.AU reserves the right to terminate the subscription of any users who have intentionally provided false, misleading or inaccurate information while subscribing. In order to activate your subscriber account, an invoice will be e-mailed to you at the e-mail address, which you provide. Upon payment of the invoice, your subscriber account will be activated. |
| 5.2 | MSDS.COM.AU will not sell or rent the information, which you provide while subscribing to the Site without your consent and will only use any information that you provide in the manner described in our Privacy Policy. |
| 5.3 | Once you have become a subscriber, you may not transfer any rights or obligations that you have under this agreement. MSDS.COM.AU reserves the right to transfer this agreement or any right or obligation without your consent. |
| 6. | Your communications with us |
| 6.1 | You agree that any communication or material that you transmit to, or post on the site by electronic mail or otherwise, including any data, questions, comments, suggestions and the like, is and will be treated as non-confidential and non proprietary information. You agree that, with the exception of sensitive information as defined in the Privacy Act, 1988 (Cth), MSDS.COM.AU or any of the Participants or international associated companies may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Furthermore, MSDS.COM.AU and its associated companies, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Further, if you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, acknowledgment. You further consent to any infringement by MSDS.COM.AU or the Participants of the moral rights you may hold in the material you communicate to us arising from the reproduction, transmission, publication, broadcast and further posting of this material. |
| 7. | Intellectual Property |
| 7.1 | You should assume that all contents of the site are copyrighted unless otherwise noted and may not be used except as provided herein. |
| 7.2 | The names, trade marks, logos and service marks on this Site (the "Trade Marks") displayed on the Site are registered and unregistered trademarks owned by or licensed to MSDS.COM.AU its associated companies or the Participants. Nothing contained in this Site should be construed as granting by implication any license or right in and to the Trade Marks (including any rights to use or distribute the Trade Marks) without the express written permission of MSDS.COM.AU, the Participants or such third party. Any use of the Trade Marks, except as provided in this Agreement. |
| 7.3 | You are advised that MSDS.COM.AU will aggressively enforce its intellectual property rights in the site and its contents to the fullest extent of the law, including by seeking criminal sanctions. |
| 8. | Hyperlinks |
| 8.1 | MSDS.COM.AU has not reviewed all of the sites that may be linked to or from the Site (“Linked Sites†) and is not responsible for the content of any Linked Sites or any hyperlink contained in any Linked Site. Your utilisation of Linked Sites is at your own risk. |
| 9. | Restriction of Use |
| 9.1 | You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. MSDS.COM.AU will fully cooperate with any law enforcement authorities or court order requesting or directing MSDS.COM.AU to disclose the identity of anyone posting any such information or materials. |
| 9.2 | You agree that you will not take any action that will pose an inappropriately large load on our infrastructure. |
| 10. | Indemnity |
| 10.1 | You agree to indemnify MSDS.COM.AU for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of material described in the above clause or your failure to comply with this Agreement. While MSDS.COM.AU does not and cannot review every message posted by users in the forums and is not responsible for the content of these messages, MSDS.COM.AU reserves the right to delete, move, or edit messages that it, at its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. |
| 11. | Changes to Agreement |
| 11.1 | MSDS.COM.AU may, at any time, revise this Agreement by updating this posting. The revised Agreement will be effective 14 days after posting and you will be bound by such revisions from that time. You should, therefore periodically visit this page to review the most current version of the Agreement. |
| 12. | Termination |
| 12.1 | The Agreement is effective for a period of 12 months from the date that your subscription is activated. If you re-subscribe, you will continue to be bound by the agreement. If you violate any part of the Agreement your right to use and access the Site automatically will be terminated. In the event of termination, you are no longer authorised to access the Site. All restrictions imposed on you, disclaimers and limitations of liability set out in the Agreement will survive termination. You will not be able to recover the subscription fee or any part of it upon termination. |
| 13. | Governing Law |
| 13.1 | The Agreement is governed by and construed in accordance with the laws of the Australian Capital Territory, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. |
| 14. | Miscellaneous |
| 14.1 | If any provision of the Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Agreement, which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between MSDS.COM.AU and you with respect to the use of this Site. |
| 15. | Refunds |
| 15.1 | All member registration payments are non-refundable. |
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