Terms of Use
TERMS OF USE
"We", "Our" and "Us" refers to Mining Industry Skills Centre Inc. tradingin as Kinetic Group Worldwide. ARBN 130 219 902. "You" and "Your" refers to you as the user of the website we operate at the domain name www.projectcanary.com.au (the "Website").
Your use of the information and material on the Website is governed by our Privacy Statement and these Terms of Use.
Please read these terms and conditions carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Website.
1. Accessing the Website
We reserve the right to withdraw or amend the service we provide on
the Website without notice (see below). We will not be liable if
for any reason the Website is unavailable at any time or for any
period.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions, and that they comply with them.
You may use the Website only for lawful purposes. You may not
use the Website:
• In any way that breaches any applicable local, national or
international law or regulation.
• In any way that is unlawful or fraudulent, or has any
unlawful or fraudulent purpose or effect.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
2. Accuracy of information
Although we make all reasonable attempts to ensure the accuracy of
information supplied on the Website, we do not accept any
responsibility or liability for any failures or
inaccuracies.
Specifically, subject to any legal responsibilities which cannot be excluded, we make no warranty or representation regarding the quality, accuracy, merchantability or fitness for purpose of the material or services we provide on the Website, or that access to the Website will be uninterrupted.
We do not endorse or recommend any specific third party services or products referred to or mentioned on the Website.
3. Intellectual Property
Except where specifically indicated, we own and retain all
proprietary rights, including intellectual property rights, to the
Website and its content, and the products and services we provide.
Except where necessary to use the Website, you may not use, copy,
adapt, frame, distribute in any way, or link to any material on the
Website without our written consent.
"Kinetic Group", "Mining Industry Heartbeat Project", "Generic Induction", "GI Connect", "TORCH" and "ASRO" and their associated logos are trademarks of Kinetic Group Pty. Ltd.
4. Third party websites and software
Although the Website may contain links to third party operated web
sites ("Third Party Site"), unless specifically stated we do not
endorse or approve of the operators of, or the information
contained on, any Third Party Site. The content of the Third
Party Site is the responsibility of the site's operator.
We make no representations or warranties regarding the accuracy, quality or fitness for purpose of the services or information provided on the Third Party Site. We make no representations or warranties that the material on the Third Party Site does not infringe the intellectual property rights of any other person.
5. Limitation of Liability
We do not make representations or warranties that the Website, or
access to and use of the Website, will be uninterrupted, error
free, or free from defects, viruses or other harmful
components. However on-going efforts will be made to ensure
such occurrence are minimised. We will not be liable for any
loss or damage caused by viruses or other technologically harmful
material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of the
Website or to your downloading of any material posted on it, or on
any website linked to it.
Subject to any responsibilities implied or imposed by law which cannot be excluded, we and all our related bodies corporate exclude any liability to you for any for any direct, indirect, incidental, consequential, special or punitive loss or damage in relation to your use of the Website, the material on the Website, or use of or material on any Third Party Site.
Liability which cannot be excluded is limited to the extent
possible, at our discretion, to:
a) the supply of the goods or services again; or
b) the payment of the cost of having the goods or services
supplied again.
6. Reliance on information posted
Commentary and other materials posted on the Website are not
intended to amount to advice on which reliance should be
placed. We therefore disclaim all liability and
responsibility arising from any reliance placed on such materials
by any visitor to the Website, or by anyone who may be informed of
any of its contents.
7. Changes to the Website
We reserve the right to vary any material that appears on the
Website, or these Terms of Use, at any time. Any variations
will be published on the Website. You agree that by doing
this we have provided sufficient notice of any variations.
You are expected to check this page from time to time to take
notice of any changes we made, as they are binding on you. Some of
the provisions contained in these terms and conditions may also be
superseded by provisions or notices published elsewhere on the
Website.
8. Email and Telephone Enquiries
All enquiries should be directed to +61 7 3872 8500 or info@projectcanary.com.au.
9. Jurisdiction
These Terms of Use are governed by the laws of Queensland,
Australia.
10. Other matters
We expressly reserve our rights in relation to any matter not
referred to in, or rights not granted by, these Terms of Use.
If you are dissatisfied with the Website or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website. These terms and conditions will survive any such discontinuation of use.