In these Terms of Web Site Use, certain words (particularly capitalised ones) may have special meanings. If they do, these special meanings are set out in this "Definitions" section.
In these Terms of Web Site Use:
- "Loss" means any loss or damage and legal costs on a solicitor client basis, however caused either directly or indirectly and includes loss of profits, anticipated savings, lost opportunity, revenue, goodwill or other economic, punitive or consequential loss or damage or for damages for any indirect, incidental, consequential loss which you or any other person may suffer however caused.
- "Linked Web Sites" means web sites of people or organisations other than Drake which are hyperlinked from this Web Site.
- "Drake" means Drake Australia Pty Ltd (ACN 004 939 771) of Level 4, 60 Collins Street, Melbourne or any other entity in the Drake group of companies, and includes any of the directors and employees of Drake or any of its affiliates or any other person contributing to this Web Site.
- "this Web Site" means the whole or any part of the web pages located at http://www.drakeintl.com/ (including the layout of this Web Site; individual elements of the Web Site design; underlying code elements of this Web Site; or text, sounds, graphics, animated elements or any other content of this Web Site).
- "we" and "us" refer to Drake, and "our" has a similar meaning.
Disclaimer of Liability
Drake shall not be liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site or use of, or reliance on, information or software application(s) contained on, and/or accessed through this Web Site or a Linked Web Site.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers but does not attempt to exclude liability in relation to those warranties implied by law and specifically the Trade Practices Act and similar State and Territory legislation which cannot be excluded restricted or modified.
Specific Warnings and Disclaimers
You must ensure that your access to this Web Site is not illegal or prohibited by laws which apply to you or in your location. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to this web Site will be uninterrupted or error free or that any defects will be corrected.
While we have made every effort to ensure that the information or any software application contained on or accessed through our Web Site is free from error, we do not warrant the accuracy, adequacy, completeness or fitness for any purpose of this information or software application. In addition, we may, from time to time, change or add to this Web Site (including these Terms of Web Site Use) or the information, products or services contained therein without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date. To the extent permitted by applicable law, all representations, warranties and other terms are excluded. In circumstances where warranties are implied by law and cannot be excluded, Drake's liability is limited to:
1. In the case of services supplied or offered by Drake, (a) the supply of the services again, or (b) the cost of having the services supplied again; and
2. in the case of goods supplied or offered by Drake, (a) the repair, replacement or reimbursement for the goods supplied by Drake or (b) the payment of the cost of repair, the replacement or reimbursement of the goods supplied by Drake, at Drake's option.
This Web Site is our copyright property and copyright in the material on this Web Site is owned or licensed by us. Unless we agree otherwise in writing, you are provided with access to it only for your personal and non-commercial use. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 as amended and similar statutes that apply in your location, you may not, in any form or by any means:
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or
- commercialise any information, products or services obtained from any part of this Web Site, without our written permission.
The trade marks and other Drake products and services referred to in this Web Site are trade marks of Drake. Except where otherwise specified, any word or device to which is attached the or ® symbol is a trade mark of Drake. If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this Web Site).
Nothing in this Web Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of Drake or third party owner.
Linked Web Sites
This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained. If you follow the links you will depart this web Site and you do so at your own risk. We are not responsible for the privacy practices or the content of Linked Web Sites. Links to those Linked Web Sites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those Linked Web Sites, or for any information, graphics, material, products or services referred to on those Linked Web Sites, even if they contain a Drake logo. Unless stated otherwise on this Web Site, we have:
(a) no relationship with the owners or operators of those Linked Web Sites; and
(b) no control over or rights in those Linked Web Sites.
Product Information and Supply
Material on this Web Site may contain general information about Drake products and services. Unless expressly stated otherwise, this information:
- does not constitute an offer or inducement to enter into a legally binding contract; and
- does not form part of the terms and conditions for Drake products and services.
Also, you should be aware that some of the product and services Drake publishes on its Web Site may not be announced or available in your country. Any references to such products or services does not mean that Drake intends to make them available in your country at any time. Please consult your local Drake representative for more information on the availability our products and service.
Drake does not want to receive, either through our Web Site or otherwise, any information that is confidential or proprietary to you or a third party. You understand and agree that any information that you send to Drake will not be considered confidential by us and will therefore not be treated as such. If you chose to send Drake any information you agree that Drake will, as a result, have the right to adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works based upon the information. In addition, Drake will be free to use, for any purpose, any ideas, concepts or techniques you send to us. Notwithstanding the foregoing, Drake will not disclose your name or the fact that you provided information to us unless:
- we first receive your consent to use your name;
- we advise you, prior to the publication or use of the information, of our intention to publish or use the information you provided with your name on it; or if we are required to do so by law.
Unless we agree otherwise, your access to this Web Site may be terminated at any time by us without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Drake will survive termination, however, you will no longer be authorised to access the Web Site.
These Terms of Web Site Use are governed by the laws in force in the State of Victoria, Australia and by using it, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Web Site Use or this Web Site. Nothing contained in these Terms of Web Site Use derogates from Drake's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Drake with respect to that use.