Terms and Conditions
As consideration for allowing you the (User) to view the Content on our Website, located at the internet address www.mincka.com.au (Website) Users agree to the following Terms and Conditions of Use (Terms and Conditions). Mincka Engineering Pty Ltd described as (We, Our) provides Users with access to the Content and Facilities on the Website pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms and Conditions.
By viewing the Content and using the Facilities on the Website, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them. If You do not agree to these Terms and Conditions, please leave this Site immediately.
Content means the written material, documents, graphics and all the works shown in physical form on the Site.
Facilities means any feature that appears on the Website for Users to use that is not Content.
Permitted use of Content and Facilities
Unless otherwise indicated, Mincka Engineering Pty Ltd reserves all copyright in the Content and design of the Website. We own all such copyright or provide it to Users it under the terms of a limited licence embodied in these Terms and Conditions each time You visit the Site.
Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
Users must not use, reproduce, communicate, publish, or distribute any of the Content on our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, You must not reproduce or use any of the information on our Site for commercial gain.
Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in this copyright notice, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without Our prior written permission.
If Users utilise any of the Facilities on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the full article on the Site and show any included attestation.
Prohibitions on use
This Website and the information and Facilities contained herein must not be used in any manner that infringes Our rights. Users must not:
(1.a) data mine or conduct automated searches on our Site or the Content on our Site, whether through the use of additional software or otherwise;
(1.b) frame or mirror our Site;
(1.c) tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;
(1.d) transmit any virus, worm or other disabling feature to or via our Website;
(1.e) abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;
(1.f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our Site or the domain;
(1.g) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(1.h) use our Site or domain to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
Users access the Website at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to these Terms and Conditions.
Provision of service
We may without notice suspend access to the Site or disconnect or deny Users access to any part of the Website during any technical failure or maintenance period.
We may also choose at our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Website.
We may make improvements and or changes to Website and the Content at any time without notice. We do not warrant that the information architecture or navigation will not change now or at any time in future.
Limitation of liability
We make the Website available for Users to use, however we do not assume a duty of care to Users. Viewing material on our Website does not create a Solicitor/Client relationship and does not mean that you have had legal advice. We makes no representation or provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.
If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.
No warranty or representation that Our Site and the Content will not cause damage or are free from any computer virus or any other defects or errors is made.
Where any law implies a warranty into these Terms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
Where liability cannot be excluded, any liability incurred in relation to the use of the Site or the Content is limited as provided under the Competition and Consumer Act 2010 (Cth).
Under no circumstances will We be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on the Site.
Links to third party sites
We do not represent that the Content on other websites to which our Site is linked does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
By inadvertently linking to infringing third party content, We are not authorising infringement of any intellectual property rights contained on those Sites. Please contact us to remove the link immediately by emailing email@example.com if you find a link that is suspect.
Users represent and warrant in relation to information that they provide to the Site that:
(1.i) they will not knowingly transmit any worm, virus or other disabling feature to Our Site;
(1.j) they are authorised to provide the information submitted;
(1.k) the information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(1.l) the information is not the ‘passing off’ of any product or service;
(1.m) the information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information, trade secrets and copyright;
(1.n) by providing the information the User is not breaking any law of the Queensland, Australia.
Use of uploaded information
We maintain editorial control over the site and do not warrant that anything provided to Us will be published. If any Content, or suggestion for improvement is posted or added to the Site then:
(1.o) Users grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that information in any way (including, without limitation, by reproducing, creating derivative works in, and communicating the content) and permit us to authorise any other person to do the same;
(1.p) Users consent to any act or omission which would otherwise constitute an infringement of their moral rights.
Access to the Site outside the Jurisdiction
No representation or warranty is made that the Content on the Website complies with the laws of any country outside Australia. If Users access the Site from outside Australia, You do so at your own risk.
Changes to Terms and Conditions
We may change the Terms and Conditions at our discretion by providing notice on our Website. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Website.
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with Our Officers, Agents or Authorised Representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.
By using the Website, Users indemnify Mincka Engineering Pty Ltd and our respective Officers, Employees, Agents and Licensors against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Mincka Engineering incurs or suffers as a direct or indirect result of:
1. a breach by you of these Terms and Conditions of Use;
(1.q) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Website;
(1.r) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.
Users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Queensland Australia.
In any dispute between the parties to these Terms and Conditions will be heard by a Court in that Jurisdiction.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
If We do not act in relation to a particular breach by You of these Terms and Conditions, this will not be treated as a waiver of Our right to act with respect to subsequent or similar breaches