Terms and Conditions
Terms and Conditions of the Sheerartar Minerals Pty Ltd (“Sheerartar”) Website
Disclaimer
By accessing this website you accept that Sheerartar takes no responsibility for any error or omission relating to the material contained on this website. You agree that Sheerartar makes no undertakings to provide access to the website at any time or for any length of time. You agree that Sheerartar will not be held liable for any lapse in the website’s accessibility, or any consequences whatsoever that flow from the unavailability of the website.
By using this website you accept and agree to the terms and conditions of the licence of use as set out below.
Definitions
‘Sheerartar’ means Sheerartar Minerals Pty Ltd and any related body corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.
‘The Website’ or ‘This Website’ mean the website: www.sheerartarminerals.com.
‘Licence’ means the licence to use the website that Sheerartar grants parties that access the website.
‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
‘Intellectual Property’ means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in relation to any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos, plans and drawings, confidential information, matter, materials or works accessible on or via the Sheerartar website.
Granting of a Licence
Sheerartar Minerals Pty Ltd grants you a licence that allows you to access the website. By accessing the website you accept and agree to observe the terms and conditions of this licence.
Under this licence you are granted a non-exclusive right to access the website, subject to the absolute right of Sheerartar to vary the terms of your access.
Under this licence you may:
- View the information, data and other material on the website;
- Access all information on the website but must always observe the provisions of this licence. You are permitted to download and use any of the material on the website for a temporary and private purpose, including later viewing, but the downloading of such material for reproduction will require prior written consent from Sheerartar.
Terms of Licence
This licence commences upon your accessing the website and is granted in perpetuity but may be terminated without notice by Sheerartar if you are in breach of any terms of this licence. Upon termination, all electronic and printed copies of material obtained from the website that you have in your possession or under your control must be destroyed or otherwise returned or disposed of in a manner directed by Sheerartar. Termination pursuant to this clause shall not affect any rights or remedies which Sheerartar may otherwise have under this licence or at law.
Variation to this Licence
Sheerartar may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, Sheerartar has provided you with sufficient notice of the variation and amendment. It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.
Warranties
Sheerartar provides no warranties that the material on the website is accurate, complete or up to date. Any inaccurate, incomplete or superseded material that may be on the website will not cause the licensor (Sheerartar) to be in breach of the terms of this licence.
Sheerartar has the right to change, add or remove any material on the website without notice. Sheerartar does not warrant that the pages and information on the website or third-party websites will be uninterrupted or without error, that any errors will be corrected, or that electronic material on the website and other third-party websites are free of viruses or other harmful components.
No Implied Terms
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence which cannot be lawfully excluded, such terms will apply to this licence, but the liability of Sheerartar for breach of any such implied term will be limited, at the option of Sheerartar, to any one or more of the following:
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
- The repair of such goods or services. The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services. The payment of the cost of having the goods repaired or the services performed again.
Sheerartar will not be liable for any indirect or consequential losses arising out of a breach of this licence or arising out of the supply of incorrect materials.
By visiting the website, you acknowledge that the decision to access material on the website was completely yours and you have not relied on any representation made by Sheerartar which has not been expressly stated in this licence or upon any descriptions or other details contained on this website.
Obligations of Website Users
Viewers of this website agree to accept the following obligations which they must observe:
- Not to copy, reproduce, adapt, vary or modify any material on the website for any commercial application without the express consent of Sheerartar, except as expressly authorised by this licence;
- Ensure all associates, employees, subcontractors and other agents who access this website fully observe the Terms and Conditions of this licence;
- Not to provide or otherwise make available any material on the website to any person other than associates employees, subcontractors and other agents without the consent of Sheerartar.
Intellectual Property Rights
You accept that all material on the website is the subject of copyright and the subject of other intellectual property, and third-party rights. You agree that you will not infringe any of those rights and you specifically acknowledge that you may not copy the material on the website, except as otherwise expressly authorised by this licence.
Indemnity
By accessing this website you fully indemnify the licensee against all liabilities, damages, claims, losses, costs and expenses, which Sheerartar may incur to any person, group company, third party or you because of your breach of the provisions of this licence. This website may contain hyperlinks to other websites operated by third parties. You accept that Sheerartar has no control over and is not responsible for any material contained on any third-party websites. You may be required to comply with all requirements of the conditions of use of any third party’s website accessed through the website. Users are prohibited from placing a link to this website without the prior written consent of Sheerartar and on terms satisfactory to Sheerartar.
Waiver
Failure or neglect by Sheerartar to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Sheerartar under this licence.
Jurisdiction
This licence shall be governed by and construed according to the laws of the state of Victoria, Australia.