| Legal Notices
"Terms and Conditions of Use
1. The Terms and Conditions of Use including the Privacy Policy, Disclaimer and Copyright Policy Conditions ("the Terms") applies to all Users and Members of the BPS website ("the Website"). The Terms govern the use of the Website and the Services by Users and Members. Access and use of the Services and the Website is granted only on the basis that the User and Member has carefully read and agrees with all terms and conditions contained in the Terms.
2. "User" for the purpose of the Terms means any person, group or entity who accesses, uses or views in anyway the Website either directly or indirectly including in their capacity as advertiser, browser, subscriber, Member or any other use of the website, or uses, benefits or in anyway is connected with the Services.
3. "BPS" for the purpose of the Terms, Copyright Policy, Disclaimer, Privacy Policy means Best Practice Standards Pty Ltd, its employees, directors, owners, agents and affiliates, authors and publishers.
4. "BPS's Services" and "Services" and "services" means all products, items and services provided to Users or other third parties by BPS whether directly or indirectly via the Website or in any way connected with the Website.
5. BPS may amend the Terms, Copyright Policy, Privacy Policy and Disclaimer ("Terms") at any time in their sole discretion by posting the amended terms on the Website. All amended Terms shall be effective 30 days after they are posted on the Website. In the event that a User does not agree with the Terms, the User must immediately cease their use of the Website and the Services.
6. The Services are available only to persons or entities who can form legally binding contracts (i.e. in the case of individuals those over the age of 18 years or such other age as applicable by law).
7. BPS may amend the Services and Information provided on or via the Website at any time.
8. Unless otherwise stated, all amounts stated by BPS are quoted in Australian Dollars.
9. Each User will be responsible for paying all fees associated with using the Services and the Website and all applicable taxes including, but not limited to any Goods and Services Tax.
10. The User agrees to use the member's pages of BPS's website as a technical assistance area and not as a user forum.
11. Any information provided in the members pages or in any request for technical assistance or technical queries will be deemed as information which can be used by BPS in their sole discretion including making such information public knowledge and including such information and responses by BPS in any of BPS's publications (including the members and public areas of the BPS Website). If the User does not want certain information released to the public then the User must inform BPS in writing of such requests.
12. BPS merely provides a location on the internet for users and advertisers to meet to advertise products and services relevant to the Testing and Tagging Industry. BPS is not involved in actual transactions between buyers and sellers of any services or products advertised on the BPS website.
13. BPS has no control over the quality, safety or legality of any item or content posted by Users on the Website nor in respect to the truth or accuracy of the listings or advertisements, the ability of sellers to sell items.
14. The User uses this site at their own risk.
15. BPS does not warrant that your access to the Services or Website will be continuous or fault free and the User acknowledges that BPS does rely on various Service Level Agreements that is has with third parties from time to time and its ability to perform hereunder may be affected by the terms of such Service Level Agreement.
16. Without limiting any other remedies available to BPS, BPS may, in its sole discretion, suspend or terminate the Website access or the Services to any User or permanently delete or temporarily remove any item or information which is posted to the Website to the User or on behalf of the User if BPS suspects that the User has engaged in fraudulent activity in connection with the Website or in any conduct which BPS is of the view that it is offensive, unlawful, or if the item, information or User is breaching these Terms.
17. The User agrees that they will not use any robot, spider, other automatic device, or manual process to monitor or copy any content or web pages or other information on the Website without BPS?s prior written permission.
18. BPS provides the website and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, BPS specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. BPS does not guarantee continuous, uninterrupted or secure access to the Website or the Services, and it is acknowledged that the operation of the Website may be interfered with by numerous factors outside BPS's control.
19. To the extent that BPS are able to limit the remedies available under the Terms, and subject to Clause 20 of the Terms, BPS expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at BPS?s sole discretion):
a. in the case of goods, any one or more of the following; the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
b. in the case of services; the supply of the services again; or the payment of the cost of having the services supplied again.
20. In no event shall BPS be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with The Services or the Website or these Terms. The User agrees to accept sole responsibility for the legality of the User's actions under the laws which apply to the User and any transaction conducted directly or indirectly or in any way connected with the Website or the Services. The User agrees that BPS has no responsibility for the legality of any other User's actions or inactions.
21. To the extent permitted by law, BPS's liability, to the User or any third parties in any circumstance is limited to the greater of:
a. The amount of fees the user pays to BPS in the 3 months prior to the action giving rise to the liability; and
b. AUD$150.00.
22. Notwithstanding the above provisions, nothing in the Terms is intended to limit or exclude any liability on the part of BPS where and to the extent that applicable law prohibits such exclusion or limitation.
23. The User is solely responsible for the supply of the content which is published on the Website. The User must ensure that an content does not include Prohibited Content and complies with all applicable laws. For the purpose of these Terms "Prohibited Content" means content that:
a. is likely to be, having regard to the contemporary attitudes of Australian society, offensive to reasonable adults;
b. is likely to be, having regard to the contemporary attitudes of Australian society, unsuitable for minors;
c. promotes, incites or instructs in matters of crime;
d. describes, incites or promotes unlawful sexual activity;
e. promotes or incites violence against any person or group, or incites racial hatred;
f. causes unnecessary alarm, distress or panic;
g. breaches a code of practice that applies to the Service;
h. is false, misleading or deceptive, or likely to mislead or deceive;
i. provides financial advice to any person;
j. is out of date, having regard to information generally available, subsequently published, or released, or made available.
24. The User agrees to indemnify and continue to indemnify and hold BPS harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or User due to or arising out of: (i) the User's breach of the Terms, or (ii) the User's violation of any law or the rights of a third party or (iii) as a result of any User having a dispute with any other User/s.
25. The User shall comply with all applicable domestic and international laws, statutes, ordinances, common law and regulations regarding the User?s use of the Website and Services. The User agrees to ensure that any information posted by the User on the Website does not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and any other applicable legislation. The User is responsible for confirming that all activities are lawful and the User must ensure that all applicable laws and the terms are complied with in every respect.
26. The User and BPS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
27. Any notice shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to BPS, c/- Tisher Liner & Co, Lawyers, 317 La Trobe Street, Melbourne, VIC 3000, Facsimile: +61 3 9670 6359, DX 181 Melbourne (in the case of BPS) or to the email address the User provides to BPS during the use of the Website or the Services (in the User's case).
28. Any claim arising out of or in connection with the Terms, the Website or the Services may at BPS's sole discretion be settled by binding arbitration by a Barrister arbitrator appointed by the President of the Law Institute of Victoria or by mediation with a solicitor mediator appointed by the President of the Law Institute of Victoria. The User agrees to be bound by the ruling arbitrator. The costs of the dispute including all reasonable legal fees of the parties are to be borne by the originator.
29. The Terms shall be governed by the laws of the State of Victoria, Australia and all Users irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
30. The provisions of the Terms are severable, and if any provision of the Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
31. BPS's failure to act with respect to a breach by any User or others does not waive its right to act with respect to subsequent or similar breaches.
32. The Terms are the entire understanding and agreement between the User and BPS and those terms and conditions which are intended to remain after the termination or expiry of these Terms including but not limited to all indemnities owed to BPS by the User, shall survive any termination or expiration of these Terms."
"Copyright Policy
1. The User and Member indemnifies and continues to indemnify Best Practice Standards Pty Ltd, its employees, agents, owners, and authors ("BPS" in relation to all claims, costs, losses and damages incurred as a result of the conduct, actions or inactions, or the User?s or Member's use of BPS's services or Website including claims by other Users, Members and third parties in respect to breaching of these Terms, a third party's intellectual property rights or other claims resulting from transactions, advertising or content on the Website or as part of the services.
2. Users and Members should ensure that all items and associated advertising on the Website or as part of the services does not infringe upon the copyright, trademark or other rights of third parties.
3. Solely to enable BPS to use the information the User or Member supplies to it, so that BPS is not violating any rights the User or Member might have in that information, the User and Member agrees to grant BPS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, and database rights (but no other rights) the User and Member has in the information provided to BPS or the Website by the User or Member, in any media now known or not currently known. All information provided by the User or Member will be used in accordance with the Privacy Policy.
4. The User or Member agrees that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for information provided by the User or Member) from the Website or the services without the prior written permission of BPS and/or its authors.
5. BPS does not guarantee that any product advertised on the Website or the services by a User, Member or Advertiser is correct, accurate, authentic or available. It is the responsibility of the User or Member to make their own enquiries in respect to any items purchased from another User, Member or Advertiser or third party from or via the Website or through the services.
6. The User or Member agrees to indemnify and continue to indemnify and hold BPS harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or User or Member due to or arising out of a purchase or sale of an item purchased by that User or Member or another User or Member or third party from or via the Website or through the services.
7. In respect of any reproduction, adaptation or copy of an artistic work, creation, file or other data ("Work"), forming part of the content that BPS receives or delivers in connection with the provision of the services or the Website, the User or Member warrants to BPS that:
i. The User or Member has the right to change the format of the Work to make it suitable for the publication on to the Website and in subsequent publications of the services;
ii. The User or Member has the Intellectual Property Rights, permission or proper authority necessary to allow BPS to distribute, publish the Work in hard or soft copy, over the internet on the Website or by electronic message transmission anywhere in the world without infringing the rights of any third party; and
iii. if applicable, The user or Member has paid or will pay any royalty, license fees and/or other properly imposed fees ("Royalty") associated with the Work to the proper regulatory body.
8. The User or Member agrees that they will pay BPS:
i. the amount of any unpaid properly imposed Royalty;
ii. fines associated with non-payment by the User of any Royalty; and
iii. any reasonable legal fees incurred by BPS;
iv. in connection with the User's or Member's breach of warranties given under the Terms.
9. The User or Member indemnify and keep indemnified BPS against any loss BPS suffers in respect of any failure by the User or Member to comply with the obligations imposed by, or breach of, the warranties contained in the Terms.
10. The User or Member agrees to indemnify and continue to indemnify and hold BPS harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or User or Member due to or arising out of any infringements of copyright, trademarks or other rights which have resulted from the actions or inactions of a User or Member or the use of the Website and or Services.
11. The User or Member grants to BPS, an exclusive, non-transferable licence to use the Users or Members content, advertising, images, video and personal information and Intellectual Property Rights (including the right to communicate to the public) necessary for BPS to supply the services and to publish and maintain the Website."
"Privacy Policy
1. The User and Member agrees to abide by the Best Practice Standards Pty Ltd ("BPS") Privacy Policy as amended from time to time and as available on this Website. The Privacy Policy forms part of the BPS Terms and acceptance of the Privacy Policy by the User is a term and condition of the use of the Website and the Services.
2. BPS is committed to maintaining the confidentiality and security of personal information we hold. This privacy policy outlines the manner in which we collect, store and use personal information.
3. BPS collects personal information for the purposes of providing the BPS Website and services to Users and Members in accordance with our Terms and Disclaimer available on this Website. Any use of the information will be in accordance with the User's or Member's directions. Where information is required to be disclosed by law, we will only disclose necessary information.
4. Please note that any video, image or other content posted at the direction of Users or Members on this Website becomes published content and is not considered personally identifiable information subject to this Privacy Policy and such information becomes publicly available and can be collected and used by others.
5. When a User or Member visits this Website, we may send one or more cookies- a small text file containing a string of alphanumeric characters to the User's or Member's computer that uniquely identifies their browser including the use of cookies which may remain after the browser is closed and used in subsequent visits to our Website. To remove cookies or to disable their use, see the help files in the web browser for further information.
6. Our server may also automatically record information that a web browser sends when a User or Member visits the Website such as server log details which may include items such as your IP address, browser details, pages viewed and other items.
7. BPS may provide Users and Members with a unique password to verify their identity before allowing access to some features of the Website. The User and Member is responsible for maintaining the secrecy of this password and therefore any information which can be viewed by entering this password on our Website.
8. BPS may also collect your credit card details when Users or Members pay for our Services. BPS does not forward this information to any third parties except for those of the User's or Member's bank and our Bank in order for the transactions to occur.
9. Users and Members wishing to access their personal information held by BPS may do so by prior written request. We may also use your personal information to keep you informed of our Services, Website changes and other matters that we consider may be of interest or relevance to the User or Member. If a User or Member does not wish to be contacted for these purposes, please let us know using the contact details set out below.
10. If personal information held by BPS is inaccurate or out of date the User or Member has the right to request it to be updated or corrected.
11. BPS's website is hosted in Australia, if the User or Member does not reside in Australia, then the User by using this Website consents to the transfer of any personal information to Australia.
12. BPS reserves the right to change this Privacy Policy from time to time. The latest Privacy Policy will be available from the offices of BPS and from this Website.
13. If a User or Member has any queries about our privacy policy or requires further information on how we handle personal information, please contact BPS's office during business hours at:
Best Practice Standards Pty Ltd
Post Office Box 5057
Wantirna South Victoria 3152
Australia
Fax: +61 3 9800-2484
info@bps-testntag.com.au"
"Disclaimer
Although the authors have extensively researched the services to ensure accuracy:
1. Best Practice Standards Pty Ltd ACN 118 204 229 its owners, authors, advisors, employees, contractors, agents, publishers, distributors ("together known as BPS"), informs you (the reader) and declares that the services:
(a) is for general information only and does not purport to be comprehensive;
(b) has the conclusions that were drawn and based on the consideration of the general information alone without regard to the specific circumstances of the reader. The services should be used as a guide only and at your risk;
(c) is not intended to provide expert opinion or advice on the subject matter of the Publication or services and the Reader should not use or rely on the Publication or services or the contents thereof for any purpose whatsoever without seeking your own independent expert advice in the subject matter of the Publication or services;
(d) is not warranted to be current either in the Publications, services, information, references, processes, techniques or in any other way at the time of publication or services and BPS and their respective directors, officers, employees and agents have no obligation to update the information or to rectify any errors or inaccuracy which may subsequently become apparent in the Publication or services; and
(e) may include, or be linked to, statements, opinions or advice of third parties, information providers or content providers and any use or reliance on any such statements, opinions or advice is at your own risk.
2. There is no express or implied warranty of any kind given by BPS in regard to the accuracy, reliability, completeness or timeliness of information supplied in the Publication or services. Any use or reliance on the information is at your own risk. BPS suggests that you obtain the opinion of your expert in the subject matter of the Publication or services prior to undertaking any electrical or other works, whether in training or not.
3. To the maximum extent permitted by law, BPS specifically excludes any liability for any inaccuracy in or error in, or omissions from, the BPS Database and disclaims any liability for any loss or damage which you or any other person may suffer by using or relying on any information in the BPS Database whether caused by the negligence of BPS or otherwise. Such liability of BPS is limited in every case to the cost of replacement of the Publication or services.
4. To the maximum extent permitted by law, all information and materials contained in the Publication or services and any third party linked information are provided "as is" without any express or implied warranty of any kind including warranties as to merchantability, non-infringement of copyright or suitability for a particular purpose.
5. The content, information and any advice contained in this publication or services is provided on the basis of BPS's knowledge at the time of publication or services and the laws in existence and in force at the date of the Publication or services. The content, information and advice contained in the publication or services is also dependent on factual circumstances, which might change. Moreover, you should note that it is possible for laws to change either by legislation or case law at any time. The laws have been known to be amended with retrospective effect in some instances. BPS can give no warranties in regard to the currency of laws and the Reader should make their own enquires to ensure that all references to legislation and laws are correct and up-to-date prior to relying on the information in this publication or services.
6. All references to him, her, his, hers, man, woman, boy and girl all mean person and the one gender."
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