This website, hereafter referred to as (“Site”) is owned, operated and maintained by IHO Global, also operating under the business/trading name of International Humanitarian Organisation Ltd, ABN 14 603 226 204, can be contacted via email: email@example.com, alternatively at PO Box 361, Wanneroo, Western Australia 6065. IHO Global, (represented by its directors, employees, officers, agents, contractors or related bodies corporate) are hereafter referred to as (“we” or “us”) on this Site.
Your access to and use of the Site is subject to these Terms & Conditions. Please read them carefully before using the Site. Use of the Site indicates your automatic acceptance of these Terms & Conditions.
1.1 The textual information, logos, materials, button icons, graphics, images, audio and video sound clips, trade marks (whether registered or unregistered), design, layout, formatting, arrangement, graphical user interface, overall presentation, and functionality of the Site (collectively the “Site Content”) are owned by the IHO Global, unless any existing text states differently.
1.2 IHO Global reserves all copyright on editorial text and information on the Site, excluding quotes, figures, facts, statistics or references derived from other sources as stated on this Site. IHO Global reserves all copyright on images, video or audio clips or graphic designs; excluding images, audio and video sound clips or graphic designs IHO Global has obtained from other sources by written permission for use on the Site and/or License Usage Agreement. With the exception for use that is permitted under the Copyright Act 1968 (Cth) or has been expressly granted in a separate written agreement, the use of Site Content on the Site for any purpose, including for CD-ROM or repackaging in hard copy or compilation any other electronic/digital media, is strictly prohibited without prior written permission by IHO Global being obtained; with the exception of images, video or audio clips or graphic designs that can be obtained by purchasing a License Usage Agreement and/or written agreement from the copyright holder of images, video or audio clips or graphic designs from other sources.
The unauthorised use of the IHO Global name and/or logo is against the law and is expressly forbidden.
2.1 In order to use this Website, you need the equipment and connections necessary to access the Internet. You are responsible for:
- the provision of any such connection or access to the Internet;
- the payment of any fees or charges associated with such connection or access, whether such connection or access is direct or indirect via a proxy server (such as those charged by an Internet Service Provider [ISP] or other online internet service); and
- the provision of all equipment necessary for you to make any such connection to the Internet, including a computer and a modem, and a Web Browser.
2.2 IHO Global reserves the right to deny you access to, or decline use of, all or part of the Site, without any prior notice, if you engage in any questionable conduct that IHO Global believes, in its sole discretion:
- violates or breaches any term or provision of these Terms & Conditions; or violates the rights of IHO Global or third parties; or is otherwise deemed inappropriate for continued access and use of the Site.
3. System integrity and user conduct
3.1 You must not use the Site to:
- misrepresent your identity, or feign or misrepresent your affiliation with any other person or entity; send junk, offensive, obscene, indecent, or threatening electronic mail or ‘spam’ to people who would not wish to receive mail from you; falsify or delete any proprietary designations of origin, legends, attributions, or source of any Site Content of this Site; disrupt or interfere with the Site or servers or networks connected to the Site, or disobey any policies, requirements, regulations or procedures of networks connected to the Site; attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means; harass or intimidate any individual or harm minors in any form or way; commit forgery (or attempted forgery); collect, store or use personal data or information about other users, including phone numbers, mobile numbers or email addresses; breach or violate any applicable statutory state, Commonwealth or international laws, any regulation or convention.
4. Links & advertising
4.1 The Site may contain links to third party websites. Those Sites are not under the control of IHO Global.
4.2 Neither IHO Global nor its directors, employees, officers, contractors, agents, or related bodies corporate are in any way responsible or accountable for the content of or within any third party sites which may be linked to or from this Site, or the services or products of any third party organisations described or mentioned on this Site or linked to or from this Site. You acknowledge that you enter any third party websites or social networking sites by your own decision and at your own risk.
4.3 The Site may contain references or links to third parties’ websites or services. The owner(s) of such third party websites are responsible for the accuracy of all content on those sites. Should you choose to use a service or acquire goods advertised by a third party’s website linked to this Site, you do so using your own personal judgment and at your own personal risk.
4.4 Unless otherwise stated on the Site, neither IHO Global nor its directors, employees, officers, agents, contractors or related bodies corporate endorse or recommend the services or goods that may be advertised on third party websites, nor are we responsible or liable, directly or indirectly, for the content of such websites, advertising, products, resources or services on or available from such websites or off-site pages. Unless otherwise stated, we make no other representation whatsoever of third-party websites or off-site pages.
5. Intellectual property rights and limited licence to use the Website
5.1 The Site Content of this Site is protected by copyright, trade mark and other intellectual property laws.
5.2 You must not republish, modify, copy, frame, reproduce, upload to a third party, distribute or transmit in any way the Site Content of this Site without the prior written permission of IHO Global, except as expressly provided in these Terms & Conditions or as permitted and defined by the Copyright Act.
5.3 IHO Global logo and name are the trade marks of IHO Global, and may not be used as part of your business or registered entity or in connection with any services or goods without the prior written permission of IHO Global.
6. Use of material
6.1 The information provided on the Site is not intended to be scientific, agricultural, medical, environmental, socio-economic recommendations or advice. Any scientific, agricultural, medical, environmental, socio-economic information posted on this is prepared and presented for the general information of users of the Site.
6.2 Your particular aims, purposes, circumstances and needs have not been given consideration or taken into account in the preparation or presentation of information and on the Site. Your particular circumstances may affect or determine the applicability and appropriateness of the information contained on the Site. The information contained within the Site is of relevance to and is in accordance with the Constitution of IHO Global, consequently it not intended to constitute or replace independent professional advice for your individual or specific conditions. You should seek professional advice about your own circumstances. The applicability of the information contained in this Site is relevant and appropriate within the objects of the Constitution of IHO Global and the specific parameters of the IHO Global approved projects. You agree that, to the fullest extent that is permitted by law, we will not be responsible, liable or accountable for information derived from this Site and applied independently of IHO Global’s approval and oversight.
6.3 Further, to the fullest extent permitted by law, we will not be liable for any, punitive special, indirect, consequential or incidental damages or losses of any kind related to or arising out of this Site or you’re use, alleged wrongful use or non-use thereof, notwithstanding the mode of action whether in contract, tort (a civil wrong that unfairly causes loss or harm, including negligence or otherwise, regardless of whether IHO Global have been informed of the possibility of such losses or damages and in no event shall IHO Global’s maximum aggregate liability exceed ninety nine Australian dollars ($99.00 AUD).
7. Disclaimers and limitation of liability
7.1 The Site is provided by IHO Global on an ‘as is’ basis without any implied or express warranty of any kind; IHO Global has put in place reasonable security measures to protect the information you provide or obtain when accessing the Secure Pages of this Site. However, the World Wide Web exists across open public networks that are neither private nor secure. Accordingly, you agree to acknowledge and to accept the risk that any communication to or from this Site may be intercepted, modified or used by third parties; IHO Global does not warrant that access to or use of this Site will be intercepted or error free or that this Site or any Site Content that is on or accessible through this Site is free from errors or malware, viruses, trojan horses, worms, time bomb, spyware, systems failure, mal-function, failure to deliver or other harmful components; Unless otherwise stated, IHO Global does not warrant anything regarding the accuracy, quality, reliability, relevance, suitability, timeliness, physical state, completeness or fitness for a particular purpose of Site Content on this Site.
7.2 IHO Global will use reasonable efforts to update the Site Content on the Site, however IHO Global does not make any commitment in this regard. You are responsible for assessing the accuracy, reliability, suitability and relevance of the Site Content on this Site.
7.3 You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using this Site or the material on or accessible through this Site. Neither IHO Global nor any of its directors, employees, officers, agents, contractors or related bodies corporate shall be liable under statutory law for any damages or losses incurred (including without limitation), for loss of profits, business loss of information, interruption, special, indirect, consequential or punitive losses or damages arising out of the use or inability to use the material or information available on or accessible through this Site, even if IHO Global has been advised of the likelihood of such loss or damages.
7.4 Certain legislation, including the Australian Consumer Law (Cth) and/or the Trade Practices Act 1974, may imply conditions or warrantees or impose obligations upon us which cannot be restricted, excluded or modified (or except to a limited extent). If IHO Global cannot legally exclude, modify or amend its liability under a statutory term, condition or warranty, then the warranty, condition or term is considered to be included in these Terms & Conditions and the liability of IHO Global, its directors, employees, officers, agents, contractors and related bodies corporate for a breach of that condition, term or warranty, (including any consequential or economic loss) is limited, at the option of IHO Global, to:
- in the case of services, the supply of the services again, or the payment of having the services resupplied; and
- in the case of goods, the contractors, repair or replacement of the goods, the supply of equivalent quality or standard of goods, or the payment of the costs of repairing or replacing the goods or acquiring equivalent quality or standard of goods.
8.1 IHO Global may from time to time update, amend or change the Site or the Site Content on the Site, including these Terms & Conditions, without prior publication to that effect or notice thereof.
8.2 These Terms & Conditions constitute the entire agreement between you and IHO Global with respect to the Site.
8.3 If any provision of these Terms & Conditions is found to be invalid or unenforceable, then that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.
8.4 The failure by IHO Global to enforce strict performance or insist upon any of these Terms & Conditions will not be construed or interpreted in any particular way as a waiver of any legitimate right or remedy of IHO Global in respect of any existing or subsequent violation or breach of these Terms & Conditions.
8.5 An email which is sent to IHO Global using this Site or any other means is taken to be received by IHO Global when the email message enters the electronic mail box of IHO Global and is able to be opened in an acceptable readable form. The proof of an email being received in IHO Global’s electronic mail box is established by the production of an electronic or paper record of the date and time that the email message entered the electronic mail box of IHO Global and was able to be opened in acceptable readable form.
8.6 These Terms & Conditions shall be governed by the laws of Western Australia, Australia and it’s Territories and each party submits to the exclusive jurisdiction of the Courts of Western Australia, the Federal Court, and the High Court of Australia, Perth Registries.