TERMS & CONDITIONS OF USE

The Pickering Brook History Web Site is committed to the accessibility and exchange of information and the processes of public consultation and debate. The challenge for Western Australia, and all heritage related groups, is to ensure that we keep pace with the changes and ensure that all people have access to the benefits being presented by the Internet. The message is: the Internet is for everyone. This web site (the 'Site') and any linked web sites are presented to you in the context of this approach.

Before using the Site you must carefully read these terms and conditions. By visiting and using the Pickering Brook History Web Site, you agree to be bound and abide by these terms and conditions.

In addition to these terms, there may also be additional terms and conditions that govern your use of or access to specific parts or sections of this Site, in which case those specific terms and conditions will apply to your activities at those locations in addition to these terms.

1. Limited Licence

This Site and the materials located on it are provided for personal, non-commercial use only. Visitors to the Site are granted a single copy licence to print or download one copy of any of the information on the Site for personal, non-commercial use only.

You may:

1. only use this Site and the materials located on it for personal, non-commercial use; and
2. view, print or download one copy of any of the information on this Site for your own (non-commercial) use.

You may not:

1. make commercial use of this Site or any materials located on it;
2. amend, adapt or modify any of the materials on this Site;
3. use any of the materials on this Site for public performance;
4. publish, sell, rent, copy, distribute, transmit or display any material located on this Site to any other person.

2. Disclaimer

To the extent permitted by law, all materials on this Site and third party sites are provided 'as is' without any warranty (whether express, implied statutory or otherwise) of any kind.

The Pickering Brook History Web Site, its consultants, employees, agents and contractors do not warrant that:

1. the information, links, text, graphics or any other item contained on this Site or third party sites are accurate, reliable, legal, copyright compliant, complete or up-to-date;
2. the Site will operate without interruption or is free from errors or omissions;
3. the Site is free of viruses or other harmful components; or
4. the Site is suitable for your intended use.

No person should act or fail to act on the basis of the materials found at the Site.

Subject to limits imposed by law, the Pickering Brook History Web Site, its Consultants, employees, agents and contractors do not accept liability for any loss (including without limitation, liability for negligence), damage, cost or expense (including, without limitation, loss or damage for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) arising out of or in connection with the use of the Site or any web site with which it is linked including but not limited to:

1. any action or failure to act by any person in accessing, downloading, uploading, using or relying on, or inability or use or rely on, or dealing in any way with any materials from the Site or from any other web site on the Internet;
2. any errors or omissions on the Site or on any other web site on the Internet (including but not limited to errors or omissions arising as a result of the negligence of the Pickering Brook History Web Site, its Consultants, employees, agents or contractors); or
3. any delay or interruption in access to or use of the Site or any other web site on the Internet (including, without limitation, delay or interruption arising as a result of the negligence of the Pickering Brook History Web Site or its Consultants, employees, agents or contractors).

To the extent permitted by law, the Pickering Brook History Web Site limits its liability for breach of any implied condition or warranty that it cannot exclude to, at its option:

1. resupply of the goods or services;
2. repair of the goods; or
3. refund of the amount paid by you for that product or service.

These terms and conditions do not modify or exclude any condition or warranty implied or any liability imposed by any Australian law (including the Trade Practices Act 1974) if to do so would contravene the law or make any part of this clause void.

3. Indemnity

You agree to fully indemnify and hold the Pickering Brook History Web Site harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by the Pickering Brook History Web Site, its Consultants, employees, agents and/or contractors arising out of or in connection with a breach of these terms and conditions, use of the Site or infringement of any intellectual property or other right of any person or entity.

4. Copyright and Trademarks

Unless labeled to the contrary, the Pickering Brook History Web Site owns copyright in, or is licensed to use, all works located at the Site.

Except as expressly provided by the limited licence granted above, the materials on this Site, including all information, graphics and text, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the Pickering Brook History Web Site's express written permission, and the Pickering Brook History Web Site does not grant any express or implied right to you in respect of any of its trade marks or logos, copyright or other proprietary information.

The Pickering Brook History Web Site's trade marks or logos may only be used with the written permission of the Pickering Brook History Web Site. Other marks and logos mentioned in the Site or linked web sites may be the trade marks of other persons or entities. You must not use, modify, or permit the modification of any of the trade marks in any way.

5. Hotlinks and Framing

The Site may contain hypertext links, frames or other references to other parties and their web sites. The Pickering Brook History Web Site cannot control the contents of those other web sites, and makes no warranty as to the accuracy of any hypertext links provided at the Site, nor the suitability of any content located at those links. Links and frames connecting the Site with other web sites are for convenience only and do not mean that the Pickering Brook History Web Site endorses or approves those other web sites, their content or the people who run or contribute to them. Use or reliance on the content of those web sites is at your own risk.

You may only link to the site with the express written permission of the Pickering Brook History Web Site. Any links, if allowed, must only link directly to the Site's homepage (and no other pages within the Site) unless otherwise agreed by the Pickering Brook History Web Site in writing.

6. Virus Warning

The Internet and the World Wide Web are unsecured public networks. You acknowledge and agree that (and, to the maximum extent allowable by law, will be responsible for any loss or damage caused by the following):

1. information sent to or from this online area may be intercepted, corrupted or modified by third parties; or
2. files obtained from or through this online area may contain computer viruses or other defects.

7. Modification

The Pickering Brook History Web Site may at any time, in its sole discretion, amend, change, add to or modify these terms and conditions. It is your responsibility to check for any modifications. Changes will be effective immediately, and subsequent use by you of the Site will constitute your acceptance of these modifications.

8. Waiver

The Pickering Brook History Web Site's failure to exercise or enforce any one or more of its rights under these terms and conditions will not constitute a waiver of such rights unless such waiver is granted by the Pickering Brook History Web Site in writing.

9. Interpretation

If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

10. General

These terms and conditions will be construed and enforced in accordance with the laws of Western Australia. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to the Site, litigation must be brought in a State or Federal Court in Perth, Australia. By using this Site, you consent to the exclusive jurisdiction of those courts.