This
general disclaimer is not restricted or modified
by any of the following specific warnings and
disclaimers.
This
Website isour copyright property. Davis’
intellectual property and subject to copyright.
Other
than for the purposes of and subject to the conditions
prescribed under the Copyright Act 1968
(Commonwealth of Australia) and similar statutes
that apply in your location, you may not, in any
form or by any means:
Trade
marks
These
trade marks [insert Davis trade marks]
and other names of Davis products and
services referred to in this Website are trade
marks of Davis.
Other
products and company names mentioned in this
Website may be the trade marks of other people
or entities.
If
you use any of Davis’ trade marks
to refer to our activities, products or services,
you must include a statement attributing that
trade mark to us. You must not use any of Davis’
trade marks:
- in
or as the whole or part of your own or other
trade marks;
- in
connection with activities, products or
services which are not Davis’;
- in
a manner which may be confusing, misleading
or deceptive; and
- in
a manner that disparages us or our information,
products or services (including this Website).
Links
and other business relationships
Other
than as required by law, Davis makes
no representations or warranties whatsoever
about any other website which may be accessed
through this Website. Links are provided as
a courtesy to our clients only and in no way
should be interpreted as an endorsement.
Davis
makes no representations or warranties and accepts
no responsibility for the accuracy, completeness,
content or use of the information accessible
via this Website or any website with which it
is linked.
Further,
Davis is not responsible for any information
or opinions published on any website linked
to or from this Website.
In
no event will Davis be liable to any
person for any direct, indirect, special or
other consequential damages from any use of
this Website, or on any other linked website,
including without limitation, any loss of profits,
business interruption, loss of programs or other
data on your information handling system or
otherwise, even if we are expressly advised
of the possibility of such damages.
Linking
to this Website
Linking
to this Website will only be permitted with
the express prior written consent of Davis.
Any links if allowed, must link directly to
this Website’s homepage and none of the
other pages within unless otherwise agreed by
us in writing.
Contents
This
Website and its contents must not be distributed,
posted, transmitted, modified, reused or otherwise
reproduced in whole or part without Davis’
express prior written consent.
Warranties
To
the extent permitted by applicable law, all
representations, warranties and other terms
are excluded other than as required by law.
You must ensure that your access to this Website
is not illegal or prohibited by laws which apply
to you or in your location.
No
liability
Davis
assumes no liability for the use of any information
posted here.
In
no event will Davis or its employees,
agents, suppliers, or contractors be liable
for any damages of any kind or character, including
without limitation any compensatory, incidental,
direct, indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss of
income or profit, loss of or damage to property,
claims of third parties or other losses of any
kind or character, even if Davis has
been advised of the possibility of such damages
or losses, arising out of or in connection with
the use of this Website or any Website with
which it is linked.
To
the extent permitted by law, Davis’
liability in relation to any product or service
purchased as a consequence of your use of the
Website is limited to the purchase price paid
by you to Davis for that product or service.
Interference
Davis
is not liable to you or anyone else if interference
with or damage to your computer systems occurs
in connection with use of this Website or a
linked website. You must take your own precautions
to ensure that whatever you select for your
use from this Website is free of viruses or
anything else (such as "worms" or
"trojan horses") that may interfere
with or damage the operations of your computer
systems.
Invitation
to Treat
Nothing
in this Website, including these Terms and Conditions
of Use, is to be construed as an offer to enter
into a contract with Davis in relation
to the provision of any goods or services. This
Website and the goods and services displayed
within it is an invitation to treat only.
Publishing
information about a product or Service on this
Website does not ensure its availability. Products
are advertised subject to availability.
Davis
is not liable to you or anyone else if errors
occur in the information on this Website or
if that information is not up to date.
Indemnification
You
agree to fully indemnify and hold Davis
harmless from any claim, cost, demand or damage
(including legal costs on a full indemnity basis)
incurred or which may be incurred arising from
a breach by you of these Terms and Conditions
of Use.
Waiver
Davis’
failure to exercise or enforce any one or more
of its rights under these Terms and Conditions
of Use will constitute a waiver of such rights
unless such waiver is granted by Davis
in writing.
Governing
law
These
Terms and Conditions of Use will be governed
and interpreted in accordance with the laws
of New South Wales. The parties submit to the
non-exclusive jurisdiction of the courts of
that State.
If
any of the provisions of these Terms and Conditions
of Use is, or the application of one or more
of those provisions to any person or circumstance
is, or becomes illegal, invalid or unenforceable
in any jurisdiction, that or those provisions
will be:
- interpreted
in that jurisdiction, as nearly as possible,
to reflect the intentions of the parties;
and
- if
necessary to maintain the effectiveness
of these Terms and Conditions of Use,
be severed for the purposes of that
jurisdiction,
with
the remaining provisions remaining in full force
and effect
All
legal content contained on this Website relates
only to the laws of New South Wales, unless
specifically stated otherwise. The laws of New
South Wales may be different from your laws.
Language
The
parties agree that the Terms and Conditions
of Use have been prepared in English and to
the extent any translation of these Terms and
Conditions of Use is necessary, such interpretation
must be consistent with the English meaning
of these Terms and Conditions of Use.
