These terms of use govern access to and
use of the AILA web-site each time you access or use the site. If
you do not agree to these terms and conditions then you
should cease accessing and using the site immediately.
In these terms of use:
"AILA": The Australian Institute of Landscape
Architects
“Loss” means any direct or indirect
loss, damage, expense, claim or demand however arising (including
through negligence).
“web site” means this web site,
the AILA web site, and the whole or any part of the web pages
incorporated in this web site (including the layout of the web-site;
individual elements of the web site design; underlying code elements
of the web site; or text, sounds, graphics, animated elements
or any other content of the web site).
“We” and “us” refer
to The Australian Institute of Landscape Architects (AILA), it’s
officers, directors, employed and contracted staff, agents, contractors
and representatives (“AILA”)
and “our” has a similar meaning.
DISCLAIMER
We do not guarantee that the web site will be accessible at all
times, or that access to and use of the web site will be uninterrupted,
secure, timely or error free.
While we attempt to ensure that the information and data provided
on or via the web site is correct, we cannot guarantee its reliability,
accuracy or completeness.
We do not review any content posted by users
of this web site (through forums etc) prior to its posting and
we take no responsibility for any such content. The views
of users of this web site are not necessarily endorsed by the
AILA or reflective of the views of the AILA.
EXCLUSION OF LIABILITY
In no event will we be liable for any Loss arising from, or relating
to this agreement or the web site, including, without limitation,
any Loss arising from:
Your use or non-use of the web site.
Any failure of the web site,
or of any documents or materials provided by us to you, to be
fit for the purpose for which you intend using those items.
- Unauthorised
use of your user name or password.
- Your reliance on information contained
on the web site or otherwise provided by us to you (including
any action taken by you as a result of any such information).
- Information
posted on the web site, or communications to you from other
users of the web site.
- Any failure by us to provide information about,
or take or accept orders for, any particular goods or services.
- Any
failure by us to receive any order or other message (whether
placed by email, telephone, facsimile, post or electronically
via the web site) sent by you (or by any other person on your
behalf) or any corruption of any such order or message.
- Interception of, or
any other unauthorised dealing with, any electronic order or
other electronic message sent by you or by any other person
on your behalf.
- Inaccuracy
or incompleteness of any information contained on the web site.
- Temporary
or permanent unavailability of the web site or any goods or
services advertised on it.
- Defects in, or problems with, any computer system
or communication link (including delays in electronic communication).
- Any
computer virus or other program device which could damage or
interfere with data, hardware or software.
Except for those which are expressly specified in these terms
and conditions, all warranties, conditions and representations
(including those that are implied) relating to the web site,
any information on the web site, and any goods or services that
may be ordered or are ordered through the web site are, to the
maximum extent permitted by law, excluded.
Notwithstanding the above, these terms and conditions
do not exclude, restrict or modify any non-excludable condition,
warranty, right or remedy conferred to you, or implied by,
the Trade Practices Act 1974 or any other applicable legislation. If
we breach any condition or warranty implied by that Act or
any other applicable legislation, our liability will (where
permitted) be limited, at our option to any one or more of
the following:
- In the case
of the supply of goods – replacing or
repairing the goods or supplying equivalent goods, or paying
the cost of replacing or repairing the goods or of acquiring
equivalent goods.
- In the case of the supply of services – supplying
the services again, or paying the cost of having the services
supplied again
YOUR OBLIGATIONS
You must only use the web site in accordance
with these terms of use and at all times in accordance with all
laws applicable to you.
You must not use the web site to post any content
which is illegal, obscene, defamatory, or which infringes the
rights of another person (including, without limitation, any
unauthorised use of content which is the copyright of another
person or which contains confidential information of another
person).
You agree to indemnify us in respect of any claim, liability,
loss, damage, cost (including any legal cost) or expense which
we may suffer or incur as a direct or indirect result of your
wilful or negligent act or omission with regard to this agreement,
the use of the web site, your purchase of goods or services through
the web site (or any part of it) or through us, or any breach
by you of these terms and conditions.
LINKS TO OTHER SITES
The AILA web site may contain links to other
web sites maintained by third parties. We do not make any
representation as to the accuracy or sustainability of any of
the information contained on those other sites, and do not accept
any responsibility or liability for the conduct or content of
those other web sites.
If the web site contains third party advertisements
(such as banner ads or referral buttons) which contain embedded
links to other web sites where goods or services are advertised,
the placement or such advertisements on this site does not
constitute the recommendation or endorsement by us of any goods
or services advertised by the third party. The third
party advertiser is solely responsible to you for any representations
or offers made by it, and for any goods or services which you
agree to purchase from those third parties.
COPYRIGHT AND TRADE MARKS
Unless otherwise indicated, intellectual property in all materials,
documents, information, data, images, logos and trade marks that
we provide to you or which are contained on the web site is owned
by or licensed to us and all rights are reserved.
Except as required for the purpose of using the web site, or as
otherwise permitted under the Copyright Act 1968 (Commonwealth)
or other applicable laws, you must not copy, reproduce, adapt,
transmit, broadcast, make available, redistribute, publish or
otherwise deal with any part of the web site (or any related documents
or materials) without our prior written consent.
You must not use any trademarks, service marks or logos which
appear or are used on the web site (or any related documents
or materials), or do anything to prejudice the rights of the owner
or licensee of such trademarks, services marks or logos.
Full AILA Members are entitled to a link to
any part of the web site. Other individuals and agencies must
not create a link to any part of the web site (other than for
private and non-commercial purposes) without our prior written
consent.
ELECTRONIC PAYMENT AND ON-LINE FORUMS
This web site incorporates an electronic payment
option for the payment of membership dues, events admission charges
and for other products and services as well as a number of
on-line forums for use by AILA members.
The provision by
us and the use by you of the electronic payment option on this
web site are subject to both these terms of use and the Electronic
Payment Terms of Use.
The provision by us and the use by
you of any of the restricted access forums on this web site are
subject to both these terms of use and the
Forums Terms of Use.
JOBS PAGES
This web site also incorporates an on-line employment
register consisting of a Jobs
Pages for use by prospective employers
and recruitment agencies. The provision by us and the use by
you of the on-line jobs pages on this web site are subject
to both these terms of use and the Jobs Pages Conditions
of Use.
VIRUS WARNING
We do not warrant that any data (including any
file) obtained through the web site is free from computer viruses
or other faults or defects.
It remains your responsibility to ensure that
you use appropriate virus scanning software.
We will not be
liable for any loss or damage caused (whether negligently or
otherwise) by any virus transmitted through the web site.
PRIVACY AND CONFIDENTIALITY
We will use reasonable endeavours to keep your
personal information private in accordance with the provisions
of our Privacy Policy.
We
may however from time to time use your personal information to
contact you about promotional offers and services.
You must keep confidential all information provided by us to you
of a confidential nature and must not disclose or use that information
for any purposes other than that for which the information was
provided.
ENTIRE TERMS AND CONDITIONS
These terms and conditions incorporate the entire understanding
between you and us with respect to the subject matter of this agreement
and supersede all prior oral and written communications and proposals.
We may from time to time vary or amend these terms and conditions
by posting changes to these terms and conditions on the web site.
GOVERNING LAW
This agreement is governed by the laws in force in the ACT, Australia
and you submit to the non-exclusive jurisdiction of the courts
of the ACT, Australia and any courts, which may hear appeals
from those courts in respect of any proceedings in connection with
or arising out of this agreement or the web site.
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