Terms of Use

   

Terms of Use

1. Legal effect of these Terms of Use

1.1

These terms, together with any additional terms, notices and disclaimers (together the Terms of Use) contained elsewhere on this website (the Air Warfare Destroyer Program Website), comprise the conditions on which you may have access to the Air Warfare Destroyer Program Website and use of content and other services on the Air Warfare Destroyer Program Website.

1.2

The Air Warfare Destroyer Program Website is operated by the Commonwealth of Australia through the Defence Materiel Organisation, part of the Department of Defence using both Commonwealth and commercial web hosting facilities. In these Terms of Use, the Commonwealth is referred to as we, us or our.

1.3

Your continued access and use of the Air Warfare Destroyer Program Website constitutes your ongoing acceptance and acknowledgment of the Terms of Use, as amended from time to time. If you object to any of these conditions, you must immediately discontinue your access to and use of the Air Warfare Destroyer Program Website.

1.4

We may vary these Terms of Use at any time, but do not undertake to keep the Air Warfare Destroyer Program Website updated. We will give notice of any variations to you by posting the revised Terms of Use on the home page of the Air Warfare Destroyer Program Website. Your continued use after such notice will constitute acceptance of the variation.

2. Services we provide

Content

2.1

All content and other services on the Air Warfare Destroyer Program Website are provided in good faith and we will use reasonable endeavours to ensure that they are accurate and current as at the date of publication. However, we make no warranty as to the reliability, accuracy or completeness of such content and services. You use such content and other services at your own risk and should not rely on them as advice.

2.2

The Air Warfare Destroyer Program Website may contain hyperlinks to websites operated by a third party. Those websites are not part of the Air Warfare Destroyer Program Website and, unless otherwise indicated, are not under our control. We have no responsibility for the contents of any such linked websites, and you access them at your own risk. We have not checked the accuracy or completeness of the information or the suitability or quality of the content of any such linked websites. You must make your own enquiries with the relevant third party direct before relying on the third party information or entering into a transaction in relation to any such linked websites. You should check with the third party whether there are additional charges and terms which may apply.

Security

2.3

For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Air Warfare Destroyer Program Website servers. We are not responsible for any information you may lose if the Air Warfare Destroyer Program Website servers terminate your browser session due to prolonged periods of inactivity between your browser and the Air Warfare Destroyer Program Website servers.

3. Your conduct

3.1

You are responsible for all equipment and software used to access the Air Warfare Destroyer Program Website and information or services on it.

3.2

You must take your own precautions to ensure that your equipment and software, and whatever you take from the Air Warfare Destroyer Program Website is free of viruses or other damaging codes.

3.3

You must not:

a. use the Air Warfare Destroyer Program Website for any activities, or post or transmit to or via the Air Warfare Destroyer Program Website any information or materials, which breach any laws, infringe a third party's rights, or are contrary to any relevant standards or codes;

b. use the Air Warfare Destroyer Program Website in a way or post to or transmit to or via the Air Warfare Destroyer Program Website any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying the Air Warfare Destroyer Program Website;

c. impersonate any person or make any fraudulent registrations using the Air Warfare Destroyer Program Website;

d. post, or transmit via the Air Warfare Destroyer Program Website, any unlawful, defamatory, obscene, indecent, inflammatory or pornographic material, or material that could give rise to civil or criminal proceedings;

e. tamper with, hinder the operation of or make unauthorised modifications to the Air Warfare Destroyer Program Website;

f. knowingly transmit any virus or other disabling feature to the Air Warfare Destroyer Program Website; or

g. attempt any of the above acts or permit another person to do any of the above acts.

3.4

We may, but have no obligation to, monitor your use of the Air Warfare Destroyer Program Website.

4. Use of your information and material

4.1

When you send us your details and any other materials via the Air Warfare Destroyer Program Website, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in relation to privacy, as set out in the Air Warfare Destroyer Program Privacy Statement. This Privacy Statement explains in general terms how we protect the privacy of your personal information. It also sets out matters which we are required to disclose to individuals under Information Privacy Principle 2.

5. Copyright and trade marks

Copyright

5.1

Copyright in the Air Warfare Destroyer Program Website including all logos and content on it (other than content provided by you) belongs to us or our licensors.

5.2

You are provided access to the Air Warfare Destroyer Program Website only for your internal company use. Subject to applicable laws, you may not, without our permission:

a. store, distribute, perform, communicate to the public, adapt or create derivative works from any part of the Air Warfare Destroyer Program Website; or

b. commercialise any information or services obtained from the Air Warfare Destroyer Program Website.

5.3

Trade marks
The trade marks used on the Air Warfare Destroyer Program Website are our trade marks or the trade marks of a third party.

5.4

Nothing on the Air Warfare Destroyer Program Website should be construed as granting any licence to use any trade mark without the permission of the owner.

5.5

You must not use any of our trade marks:

a. as or as part of your trade marks;

b. in connection with goods or services which are not ours;

c. in a manner that may be confusing, misleading or deceptive;

d. in a manner that disparages us or our information or services or the Air Warfare Destroyer Program Website; and

e. otherwise than in accordance with the terms of protocols we may issue from time to time.

6. Disclaimer and limitation of liability

6.1

To the extent permitted by law, all warranties, conditions and representations about the Air Warfare Destroyer Program Website, the availability for your access and use of the Air Warfare Destroyer Program Website or the services and the information provided on the Air Warfare Destroyer Program Website are excluded.

6.2

If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will, to the extent permitted by law, be limited, at our option, to the supply of the relevant services again or the payment of the cost of having the relevant services supplied again.

6.3

To the extent permitted by law, we and our officers, employees, and agents will not be liable in any way (including in contract, for negligence or otherwise) for any loss, damage, costs or expenses suffered by you or claims made against you in connection with:

a. your use of the Air Warfare Destroyer Program Website;

b. any lack of availability, interruption, delay in operation, virus, Internet access difficulties, or equipment malfunction in relation to the Air Warfare Destroyer Program Website;

c. any failure to provide the Air Warfare Destroyer Program Website; or

d. any services or information supplied or offered on the Air Warfare Destroyer Program Website.

7. Termination

7.1

We may suspend, terminate or limit your access to the Air Warfare Destroyer Program Website, effective immediately, if, in our reasonable opinion, you breach any of these Terms of Use.

7.2

We may at any time suspend, limit or terminate:

a. any service provided on the Air Warfare Destroyer Program Website; or

b. all access and use of the Air Warfare Destroyer Program Website.

8. General

8.1

These Terms of Use are governed by the law in force in the Australian Capital Territory, Australia. Both you and we irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia and courts of appeal from them.

8.2

If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

8.3

If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

 

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