PLANTMINER WEBSITE TERMS AND CONDITIONS

Copyright © 2013 PlantMiner

The website is owned by PlantMiner Pty Ltd ACN 159 872 054 (“PlantMiner”).  By using the website, you agree to these terms and conditions, and you agree that they are reasonable.  If you do not agree to the terms and conditions or do not think they are reasonable, you cannot use the website.

Our privacy statement forms part of these terms and conditions.

These terms and conditions may be changed by the PlantMiner without notice to you.  By browsing the website, you are accepting the current terms and conditions.  It is your responsibility to check these terms and conditions each time you access the website.

These terms and conditions, your use of the website and PlantMiner are subject to laws applicable in Queensland, Australia and you submit to the courts exercising  jurisdiction there.

 

  1. Using the PlantMiner Website (“Website”)

1.1    In accessing or using the PlantMiner Website you agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Websites;

(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;

(d) use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner or for the purposes of creating any derivative work, without first obtaining written permission from PlantMiner to do so;

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

(f) use our Website or any content from our Website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;

(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

(i) act in violation of any Term of Use or other condition posed by us or any applicable law;

(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or

(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;

(l) compromise the security or integrity of any network or system including any part of our network

1.2   We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

  1. Ownership of copyright

2.1   The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, PlantMiner grants visitors to the site permission to download copyright material only for private and non-commercial purposes. 

 

  1. Copyright license

3.1     PlantMiner grants to you a worldwide non-exclusive royalty-free revocable licence to:

  • view this website and the material on this website on a computer or mobile device via a web browser;

  • copy and store this website and the material on this website in your web browser cache memory; and

  • print pages from this website for your own personal and non-commercial use.

3.2   For reproduction or use of PlantMiner’s copyright material beyond such use, written permission must be obtained directly from PlantMiner or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

3.3   PlantMiner does not grant you any other rights in relation to this website or the material on this website.  In other words, all other rights are reserved.

  1. Data mining

The automated and/or systematic collection of data from this website is prohibited.

  1. Disclaimer

5.1   PlantMiner publishes or makes available on this website information, advertisements, product and service offers, equipment data, valuations and links supplied by PlantMiner and third parties. PlantMiner does not and cannot provide any warranty in relation to any goods or services advertised for sale on this website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller. 

5.2   This website is provided “as is” without any representations or warranties, express or implied unless such warranties are legally incapable of exclusion.  

  5.3   Without prejudice to the generality of the foregoing paragraph, PlantMiner does not warrant that:

  • this website will be constantly available, or available at all, or free of fault; or
  • the information on this website is complete, true, accurate, current or non-misleading.

5.4   It is your responsibility to make enquiries with us to ensure that any material or information on which you seek to rely is accurate and current.  Nothing on this website constitutes, or is meant to constitute, advice of any kind. You acknowledge that there has been no reliance on our skill, judgment or any representation by us whatsoever by you in deciding whether the website is fit for any particular purpose. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

  1. Limitations of liability

6.1   PlantMiner, our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website (including without limitation arising from the use of the website, any inability to access the website or any part of it or a linked website):

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

  6.2   These limitations of liability apply even if PlantMiner has been expressly advised of the potential loss.

6.3   Where such liability cannot be excluded, our liability to you is strictly limited, at our discretion, to the supplying of the relevant service again or the payment of the cost of having the relevant service supplied again.

6.4   Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit

  1. Consent and Website Content provided by users

7.1   You hereby grant PlantMiner and its service providers a worldwide, royalty free, irrevocable licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, sublicence, make derivative works of, and otherwise commercialize and exploit, details or information about you or that is posted or uploaded by you onto the Website (“Website Content”), including but not limited to your:

                (a) contact information;

                (b) use of the Website; and

                (c) information or photographs you have provided PlantMiner to be uploaded or entered into the Website.

7.2   You hereby consent to allow PlantMiner and its service providers to send you promotional material from time to time.

7.3   You warrant that any Website Content provided by You does not and shall not infringe upon or misappropriate any rights, including, without limitation, intellectual property rights, of any third parties or PlantMiner and its service providers; and that such Website Content is free of worms, viruses, Trojan Horses and other disabling code.

7.4   You agree to indemnify PlantMiner and its service providers against any liability which we may incur to a third party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of the use of the Website.

 

  1. Linking to third party websites

8.1   Many links from this website lead to external websites that are maintained and hosted by third parties, over which we have no control and are in no manner responsible. When you link to those websites you leave our Website and do so entirely at your own risk. PlantMiner makes no warranty as to the accuracy or reliability of the information contained on any third party websites, and PlantMiner and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by PlantMiner.

  1. Goods and Services Provided By Third Parties

9.1   Our Website contains content provided to PlantMiner by other parties ("Third Party Content"). PlantMiner does not have a practice of monitoring or making inquiries about Third Party Content. PlantMiner is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of PlantMiner and PlantMiner does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services.

9.2   You rely on Third Party Content completely at your own risk and PlantMiner will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person, or resolving any dispute between you and any person.