Site Terms and Conditions
These Terms and Conditions of Use (Terms) govern your use of the website of Imdex Limited and its subsidiaries (Imdex) located at www.imdexlimited.com together with its subsidiary pages and any downloadable content (Site) and forms a binding agreement between you as a user of the Site (User) and Imdex.
The User is responsible for ensuring that it is aware of its rights and responsibilities under these Terms and any subsequent changes to these Terms. In accessing the Site, the User acknowledges and agrees that it understands these Terms and agrees to be bound by them.
Imdex reserves the right to amend these Terms at any time without notice. If a User accesses the Site after Imdex has amended these Terms, any use of the Site will be deemed as an agreement by the User to be bound by these Terms as amended.
Should the User not agree to be bound by these Terms, the User should immediately discontinue use of the Site.
Use of the Site
The User is permitted to access and use the Site, including any incidental copying that occurs as part of that use, in the normal manner and may also print one copy of any page within the Site for its own personal, non-commercial use.
The User agrees to access and use the Site only for purposes permitted by these Terms, any applicable laws and regulations and in accordance with all of Imdex’s operational, privacy and other specifications, rules and policies.
The User must not engage in or attempt to engage in any activity that is not permitted by these Terms, interferes with or disrupts the Site or the servers and networks that host the Site or which may circumvent, disable or otherwise interfere with security-related features of the Site.
The User acknowledges that the Site may not operate on a continuous basis and may be unavailable from time to time. Access to the Site is offered on an "as is" and "as available" basis only.
The information, materials and services on the Site are provided by Imdex for general information purposes only. Although Imdex uses reasonable endeavours to ensure that information is current at the time of first publication, Imdex does not warrant that, and cannot be held responsible if, the material on the Site is not accurate, complete or up to date.
Neither Imdex nor any third party will be liable for any inaccurate, incomplete or superseded material on the Site or any action or inaction by the User taken in reliance of such material. Users are responsible for determining the validity, quality and relevance of any information before acting or relying on it.
The User acknowledges and agrees that Imdex retains complete editorial control over the Site and may, at any time, add, remove or vary any content of the Site at its sole discretion without notice.
The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright and are owned by or used under a licence held by Imdex or entities associated with Imdex.
Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Imdex.
The information, products, technology and processes contained in this Site may also be the subject of other intellectual property rights owned or licenced by Imdex or by other third parties. Nothing in these Terms constitutes a transfer of any intellectual property right or grants the User any rights in or right to use the intellectual property rights. It is a fundamental term of these Terms that the User acknowledges and agrees that, as between Imdex and the User, Imdex owns all intellectual property rights in and associated with the Site.
The User must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for and in accordance with these Terms or with the express prior written consent of Imdex.
Links to Third Party Sites
The Site may contain links to other websites. These websites are not under the control of, or maintained by, Imdex and as such Imdex is not responsible for and does not endorse or approve the content of these websites. Imdex makes no representation as to and will not be liable for the operation, availability, legality or contents of any linked websites and Users access any such websites at their own risk.
Security of Data Transmission
The User acknowledges that Imdex cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with the User's computer systems. The User acknowledges that Imdex provides no warranty that access to the Site will be uninterrupted or error free or that any content or information transmitted via the Site will be secure. Users transmit to the Site at their own risk.
The User is responsible for taking its own precautions to ensure that the process which it uses to access the Site (or any other website) does not expose it to the risk of viruses, malicious computer code or other forms of interference which may damage its computer system. The User agrees that Imdex has no responsibility or liability for any interference or damage to the User's computer system which arises in connection with the User's access or use of the Site (or any other website).
The User acknowledges that cookies may be used on the Site to gather data in relation to the Site and the User consents to such use, although the User may disable cookies on its computer system.
Limitation of Liability
Imdex makes no representations or warranties or gives any guarantees of any kind, express or implied, in relation to any information, content, materials or products included in the Site or to its availability, completeness, accuracy, functionality or performance, except as otherwise provided in these Terms or which are implied by, and cannot be excluded under, any applicable law.
To the extent permitted by law, Imdex excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the Site or any information on the Site. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Imdex limits its liability to the re-supply of the relevant information or services. This exclusion or limitation of liability any survives termination of these Terms.
The User agrees to indemnify Imdex and all other persons involved in the creation of the Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to its use of the Site or any damage that the User may cause to the Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement. This indemnity survives termination of these Terms.
These Terms are governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.
Imdex’s delay or any failure to enforce any of these Terms, at any time, shall not constitute or be deemed to constitute a waiver of Imdex’s rights.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
All communications regarding the Site, use of trademarks and services should be directed to:
216 Balcatta Road
Balcatta WA 6021
PO Box 1262
Osborne Park WA 6916