Terms of Use

Please read these terms carefully before using this site.

This Website is operated by a group company of Dye & Durham Australia Pty Ltd ABN 72 646 898 160  (“the Website”).

The Website is operated on behalf of Dye & Durham and its related bodies corporate. Except for this paragraph, a reference to Dye & Durham in this notice includes any related bodies corporate.

By using the site or downloading materials from the site, you agree to abide by the terms and conditions as set out in this notice and in our Privacy Policy (together, “the Terms”), also accessible on the Website.

You acknowledge that access to some parts of the Website may be provided subject to the acceptance of additional requirements or restrictions to those set out in the Terms. In the event of an inconsistency between these Terms and any additional requirements, the additional requirements will prevail to the extent of the inconsistency.

The Terms are subject to change at any time without notice and are effective as soon as posted to the Website. Your continued use of the Website constitutes acceptance of any modification to the Terms.

Use of content on the Website

Except where explicitly stated otherwise, the Website is provided for informational purposes only about Dye & Durham products and services. You should always obtain specific advice before deciding on the suitability of any product or service.

Dye & Durham reserves the right, in its sole discretion, to make any changes at any time and without notice to the Website or parts of it.

Unless explicitly stated, no part of this Website forms part of the terms and conditions under which a particular product or service is provided and is not an offer to enter into a legally binding contract.

Accessing the Website

Unless explicitly stated otherwise, Dye & Durham grants you a non-exclusive, non-transferable, limited right to view and download a single copy of the content on the Website for your personal, non-commercial use.

Access to this website is available 24 hours a day, 7 days a week, subject to the right of Dye & Durham to suspend the operation of this website, or the availability of all or any products or services on or to be obtained through this website, for any period of time without any prior notice or liability, whether for the purposes of website upgrading, system maintenance or otherwise. This website and the information, products and services obtained through this website may be modified, deleted, edited or withdrawn by Dye & Durham at its discretion and at any time without prior notice. You agree to destroy any copy of content sourced from the Website in the event of such termination.

You agree not to interrupt or attempt to interrupt the operation of the site in any way.

You agree not to deal with any content on the Website or sourced from it except as explicitly permitted under the Terms, as may be reasonably required to give effect to the Terms, or under any additional licences or agreements you may enter into with Dye & Durham from time to time.

Disclaimer and Limitation of Liability

YOUR USE OF THIS WEBSITE AND ANY CONTENT DOWNLOADED FROM IT IS AT YOUR OWN RISK. THIS WEBSITE AND ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED BY DYE & DURHAM TO THE FULLEST EXTENT PERMITTED BY LAW. DYE & DURHAM DOES NOT REPRESENT OR WARRANT: (1) THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR THE PRODUCTS AND SERVICES ON OR TO BE OBTAINED THROUGH THIS WEBSITE; (2) THE SUITABILITY OF ANY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE OR OBTAINED THROUGH THIS WEBSITE FOR ANY PURPOSE; (3) THAT THIS WEBSITE OR THE INFORMATION, PRODUCTS AND SERVICES ON OR TO BE OBTAINED THROUGH THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (4) THAT THIS WEBSITE OR THE INFORMATION, PRODUCTS AND SERVICES ON OR TO BE OBTAINED THROUGH THIS WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, INCLUDING BUT NOT LIMITED TO BEING FILED WITHIN THE SPECIFIED TIME AND/OR LIMITATION PERIOD.

IN NO EVENT SHALL DYE & DURHAM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, DOCUMENTS, PROPERTY, MATERIALS OR EQUIPMENT, OR OTHER ECONOMIC ADVANTAGE OR INTANGIBLE LOSS), ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OF, OR DELAY OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE; (2) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR INACCURACY, ERROR OR OMISSIONS IN YOUR CONTENT, TRANSMISSIONS OR DATA; (3) SERVICE OUTAGES THAT ARE CAUSED BY DYE & DURHAM’S MAINTENANCE ON THE TECHNOLOGY THAT UNDERLIES THIS WEBSITE; (4) PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (5) FAILURES OF DYE & DURHAM’S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING, AND POWER PROVIDERS); (6) COMPUTER VIRUSES; (7) NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF DYE & DURHAM’S FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE, OR ANY OTHER CAUSE BEYOND DYE & DURHAM’S REASONABLE CONTROL; OR (8) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF DYE & DURHAM CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, DYE & DURHAM IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY ACTING ON INSTRUCTIONS FROM DYE & DURHAM.

Indemnity

You agree to indemnify Dye & Durham from any claim for loss or damages suffered by Dye & Durham in connection with your use of the Website or your breach of the Terms.

Third Party Sites

Dye & Durham may, as a convenience to you, provide links from the Website to other sites. This does not constitute an endorsement or any warranty as to the content of any linked sites. Dye & Durham does not control such websites and is not responsible for their contents.

You agree that if you visit these sites, you do so at your sole risk and will be subject to the terms and conditions of use of the respective third- party websites. Once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

External Links to the Site

You must obtain prior written approval from Dye & Durham before linking to the Website except where:

• the link contains only the words “Dye & Durham”;
• when activated, the link directs the user to www.dyedurham.com.au;
• the link opens in a full-sized, fully operable browser window not forming part of the linking site screen;
• the link does not in any way create the impression of endorsement or association of the linking entity with Dye & Durham, nor attempt to devalue the goodwill associated with Dye & Durham or its trademarks.

Dye & Durham reserves the right to revoke this consent to link at any time in its sole discretion.

Information Provided By You

You warrant that any information or know-how you submit via the Website will not be proprietary, confidential, nor violate the intellectual property rights of any party. You further agree that Dye & Durham may use or deal with any information or know-how received via the Website without charge or restriction.

You warrant that you shall not, provide any information or materials to Dye & Durham that are defamatory, threatening, obscene, harassing, or otherwise unlawful.

Jurisdiction

The laws of the State of New South Wales, Australia shall govern the interpretation of the Terms, without giving effect to the conflict of laws provisions, and all parties submit to the jurisdiction of the courts of this state.

If any part of the Terms is found to be invalid or unenforceable, it shall be severed without effecting the remainder.

Copyright and trademark information

Copyright in this Website, unless explicitly stated otherwise, is owned by Dye & Durham. No part of this Website confers any transfer of title in any intellectual property rights. Dye & Durham and all other trademarks, unless otherwise noted, are owned or licensed by Dye & Durham. All other brand names, product names, or trademarks belong to their respective holders.

Except as expressly provided, Dye & Durham reserves all intellectual property rights in respect of any content on the Website.

Legal Notices

Communications made through this website’s e-mail and messaging system is for convenience only and shall not be deemed to constitute legal notice to Dye & Durham, or any of its officers, agents, employees or representatives, with respect to any existing or potential claim, or cause of action, or for any other purpose.