Terms of Use – E. M. A. Hibberd, of www.462squadron.com

1. Website Terms of Use

As consideration for allowing you, the user (User, You, Your, and other similar terms) to view the Content on the Website located at www.462squadron.com (Website), You agree to the following terms of use (Terms of Use).

The Website is operated by E. M. A. Hibberd (Hibberd, Me, My, I, and other similar terms). I provide You with access to Website pursuant the terms and conditions contained herein.

You acknowledge and agree that You have had sufficient opportunity to read and understand the terms and conditions contained in these Terms of Use, and that You are legally able to agree to be bound by them.

If You do not agree to these Terms of Use, You must not use this Website.

2. Permitted use

2.1 Use of Content

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).

(a) I reserve all copyright in the Content and design of the Website. I own or am the licensee of all such copyright and provide it to You under the terms of a limited licence embodied in these Terms of Use each time You visit the Website. My Moral Rights are automatic.

(b) You must only access the Website for the purpose of browsing the Content.
Downloading, printing, copying, selling, leasing, or furnishing the Content, or permitting or otherwise causing others to access the Content will be a violation of these Terms of Use.

(c) You must not use, reproduce, communicate, publish, or distribute any of the Content on the Website, unless it constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, You must not reproduce or use any of the information on the Website for commercial benefit.

(d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms of Use, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

3. Prohibitions on use

The Website and the information contained herein must not be used in any manner that infringes My rights. You must not:

(a) data mine or conduct automated searches on the Website or the Content, whether through the use of additional software or otherwise;

(b) frame or mirror the Website;

(c) tamper with, hinder the operation of, or make unauthorised modifications to the Website or any of its Content;

(d) transmit any virus, worm or other disabling feature to or via the Website;

(e) abuse, defame, harass, stalk, threaten or otherwise violate My legal rights;

(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Website;

(g) delete any author attributions, legal notices or proprietary designations or labels unless authorised to do so; and

(h) use the Website to send commercial, unsolicited, or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).

4. Privacy Policy

In using the Website, You are deemed to have read, understood, and accepted My Privacy Notice.

5. Provision of service

(a) I may, without notice, suspend access to the Website or disconnect or deny You access to any part of the Website during any technical failure or maintenance period.

(b) I may also choose in My sole discretion to block or deny You access to any of the Content contained on the Website.

(c) I may make improvements and or changes to Website and the Content at any time without notice. I do not warrant that the information architecture or navigation will not change now or at any time in future.

6. Limitation of liability

6.1 Disclaimer of warranties

You expressly acknowledge and agree that, to the maximum extent permitted by law:

(a) Your use of the Website is at Your sole risk. The Website is provided on an "as is" and "as available" basis. I and My officers, employees and agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

(b) I make no warranty that:

(i) the Content will meet Your requirements;

(ii) the information contained in the Content is accurate or reliable;

(iii) the Content will be uninterrupted, timely, secure, or error-free;

(iv) the quality of the Content, or other material obtained by You through the Website will meet Your expectations; and

(v) any errors will be corrected;

(c) any Content downloaded or otherwise obtained through the use of the Website is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your computer or loss of data that results from the download of the Content; and

(d) no advice or information, whether oral or written, obtained by You from the Website or through or from the Content creates any warranty not expressly stated herein.

6.2 Limitation of liability

(a) Except for certain statutory warranties under consumer protection laws I do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Your use of the Content on the Website.

(b) Subject to any claims available under consumer protection laws I and My officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

(i) any inaccurate information provided on the Website;

(ii) Your use of the Content;

(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content;

(iv) any interference with or damage to Your computer systems which occurs in connection with use of the Website or any of its Content;

(v) the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;

(c) For claims that cannot be excluded or restricted under consumer protection laws, My liability for such a claim will (at My option and to the extent permitted by law) be limited to:

(i) if the breach relates to Content:

I. resupplying the Content or its equivalent; or
II. paying the cost of having the Content or its equivalent resupplied.

6.3 Links to other websites

(a) The Website may contain links to websites which are owned and operated by third parties which are not controlled by Me.

(b) In relation to the other websites which I link to, I:

(i) provide the links as a convenience to You and the existence of a link to other websites does not imply any endorsement of the linked Website; and

(ii) I am not responsible for the material contained on those linked websites.

7. Miscellaneous provisions

(a) Access to the Website outside the Jurisdiction - No representation or warranty is made that the Content on the Website complies with the laws of any country outside of Australia. If You access the Website from outside Australia, You do so at Your own risk.

(b) Changes to these Terms of Use - I may change these Terms of Use at My discretion by providing notice on the Website. The version of the Terms of Use that applies to You will be available on the Website each time You visit the Website.

(c) Entire agreement - These Terms of Use and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement between You and Me. Any contact with Me or My officers, employees or agents that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either You or Me are merged and otherwise are excluded and cancelled by those contained in these Terms of Use.

(d) Governing law and jurisdiction - This Agreement is governed by the laws of Queensland, Australia and each Party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.

(e) Indemnity - By using the Website, You indemnify Me and My employees, officers and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that I may incur or suffer as a direct or indirect result of:

(i) any breach of these Terms of Use by You;

(ii) an actual or alleged breach by You of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Website;

(iii) any claims brought by or on behalf of any third party relating to any act or omission by You, including breach of a third parties copyright or trade mark.

(f) Severance - If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining Terms of Use.

(g) Trade marks - I may be the owner of several common law, or where indicated, registered trade marks which appear on the Website. Unauthorised use of these trade marks will infringe My intellectual property rights. I reserve My right to act against You if You infringe My intellectual property rights.

(h) Waiver - If I do not act in relation to a particular breach of these Terms of Use by You, this will not be treated as a waiver of My right to act with respect to subsequent or similar breaches.

(i) Contact Details – You may contact Me using the following details:

E. M. A. Hibberd
PO Box 9503
Park Avenue Post Office
Queensland Australia 4701
Telephone: (Qld) 07 4922 3450
Email: refer contact page

 

These Terms of Use were last updated on on 06 February 2022.

 

(Legal support, advice, assistance and documentation from Dundas Lawyers Pty Ltd, Brisbane, Queensland, Australia)

 

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