Events by Colour (“EBC”) and Big Red Bus Web Design (“BRB”) Disclaimer
1 The Agreement
Please read the following terms and conditions of agreement. By accessing or visiting this web site, you agree to be bound by the terms and conditions of this agreement. If you do not wish to be so bound, you must not access or visit this web site.
Copyright in this web site rests with EBC and BRB unless otherwise stated. You may download and use information from this web site for your own personal reference only. Such information is not to be used for commercial purposes and it must not otherwise be reproduced, distributed or transmitted to any other person or otherwise incorporated into any publication without the prior permission of EBC and BRB.
2.2 Disclaimer: general
EBC does not warrant that information provided by EBC in the course of business is all-inclusive or accurate or current as to its content and clients should make independent enquiries in all situations where they intend to rely upon such information.
EBC and BRB accept no liability or responsibility to any person or entity as a consequence of acting upon or in any way relying upon the information or material contained in this web site.
You agree that the use of this web site is at your sole risk and you understand that you are solely responsible for any damage to your computer system or for any loss of data that results from any material and/or data downloaded from this website or otherwise.
EBC and BRB do not warrant that any defects in this web site will be corrected or that this web site or the server that makes it available will be free of viruses or other harmful elements.
As a user or visitor to this web site you agree to take full responsibility for all costs associated with its use and you agree to fully indemnify EBC and BRB against all claims and damages arising directly or indirectly from or related to your access and use of this web site.
2.3 Content: accuracy and currency and subject to change
Every effort has been made to ensure the accuracy and currency of information contained within this web site. EBC and BRB give no assurance and do not warrant the accuracy, completeness, currency, non-infringement or availability of information on this web site and take no responsibility for circumstances which may affect the accuracy or currency of information on this web site. If you consider any information inaccurate or misleading in any way EBC and BRB bear no legal responsibility but invite you to contact this webmaster at BRB.
EBC and BRB reserve the right to make changes to web site content at any time and without notice and shall bear no legal responsibility for technical inaccuracies or typographical errors which may occur.
2.4 Content: general comment
All web site content is general comment only. Information posted on this web site must not be construed as professional advice. Web site content is not intended to replace consultation with a qualified professional. No person or entity shall rely on any information contained in this web site. It is recommended that users and visitors to this web site obtain specific advice from a qualified professional.
2.5 Content: no warranties or contract
No information on this web site shall create a warranty. This web site is provided on an “as is” or “with all faults” basis without warranties of any kind, express or implied. This disclaimer applies to, but is not limited to, title, merchantability, fitness for a particular purpose and any warranty which may otherwise arise from a trade practice, course of dealing or usage. This web site is not intended to be a contract, explicit or implied.
2.6 Content: no representations or endorsements
All Web site references to legal entities; their products or services; hypertext links to other web sites; or mentions/images of trade names or trademarks are provided solely for the purpose of convenience and do not constitute or imply any representation or endorsement by EBC or BRB who are not responsible for the web site content, practices, products or services of any other unrelated legal entity and are not liable for any resulting damage or injury.
2.7 Content: links to other sites
This web site may contain links or references to other web sites. EBC and BRB are not responsible for the accuracy, legality or copyright compliance of any information contained therein.
2.8 Web site: access at own risk
Persons or entities who access or visit this web site assume all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances, including negligence, shall EBC or BRB be liable for any direct, indirect, incidental, special or consequential damages or loss of profits that result from the use or inability to use this website and/or any other websites which are linked to this site.
EBC and BRB bear no legal liability for such events as interruptions, file deletions, viruses, defects, performance or communication failures, theft or unauthorised access which may occur from accessing or using this web site.
2.9 Third Party Services and Products: no warranty
In the course of business, EBC and BRB use services and products including but not limited to software which have been produced and/or supplied by third parties (“Third Party Services and Products”).
EBC and BRB do not give any warranty in relation to Third Party Services and Products, whether disclosed on this web site or not, including any warranty as to their features, performance, merchantability or fitness for purpose and are not liable for any claim or breach arising in relation to Third Party Services and Products.
3 Web site: security features and indemnity
By accessing or visiting this web site, you agree to observe and maintain the confidentiality of all security features relating to the use of this web site (including passwords, access arrangements, etc). EBC and BRB will not be liable for damages arising from any unauthorised breach or disclosure of these security features. You agree to indemnify EBC and BRB for any loss or liability incurred by them arising from any unlawful, unauthorised or improper access or use of this web site or any breach of these terms by you or your employees, staff, contractors or agents.
4 Web site: availability
EBC and BRB do not guarantee constant availability of access to this web site and accept no liability for down time or access failure for whatever reason. You agree to take no legal action against EBC or BRB for any loss incurred as a result of failure to access this web site.
5 Internet: transmission security
While every reasonable effort has been made to protect data transmission over the Internet, this cannot be guaranteed as totally secure. You agree that all information sent to EBC or BRB is transmitted at your own risk.
6 Governing Law
These terms and conditions will be governed by and constructed according to the laws of New South Wales, Australia. The imitations of liability mentioned in this agreement shall be limited to the maximum extent permitted by law.
EBC and BRB includes associated entities, related companies and all principals, directors, employees, staff, contractors and agents of all of them.
The Privacy Act 1988 (Cth) and the National Privacy Principles form part of the service that is offered to you by EBC. EBC only comes into possession of and holds personal or confidential information in the course of business.
Any information that you provide which is of a personal, sensitive or confidential nature whether it relates to you personally or to your organisation will be treated as confidential by EBC.
This means that EBC takes all reasonable steps to protect all personal and confidential information from misuse, loss, unauthorised access and disclosure. She does this by securing the personal and confidential information in files, computer systems, safes, locked storage rooms, as she considers reasonable and appropriate. She also takes advantage of modern technology, including firewalls and security databases, to ensure that only those whom an individual or organisation would reasonably expect will come into contact with the information. She ensures that all offices are securely locked and protected after hours.