Please read this agreement carefully and completely before using this site. By entering this site or the links accessible through this site or mobile applications, you expressly agree to be bound by this agreement. The information and the resources contained on and accessible through this site are made available by iseekplant.com.au, and/or its suppliers and vendors, and are subject to your agreement to their terms and conditions.
1. COPYRIGHT TRADEMARKS AND LICENCE
- All materials on iseekplant.com.au and associated servers or mobile applications, including the site's design, layout, organisation, data and images are owned and copyrighted © ISEEKPLANT Pty Ltd 2019, or its suppliers or vendors or members/subscribers, and are protected by Australian and International copyrights. All rights reserved.
iseekplant.com.au makes this web site available for the sole purpose of providing general information on related issues and to provide Internet access to related resources.
All materials on this server and this Internet site or mobile applications, including the site's design, layout, organisation, data and images are owned and copyrighted by iseekplant.com.au, or its suppliers or vendors or members/subscribers, and are protected by Australian and International copyrights.
- iseekplant.com.au and other names of iseekplant.com.au product and/or services referenced herein are trademarks or registered trademarks of ISEEKPLANT Pty Ltd. Other product and company names mentioned on the iseekplant.com.au may be the trademarks of their respective owners.
- You warrant that:
- You own, or hold any necessary licence of any intellectual property rights in any Content;
- In utilising any Content, ISEEKPLANT Pty Ltd will not infringe, violate or otherwise conflict with any intellectual property rights owned by a third party; and
- Utilising any Content will not compromise the security or operation of ISEEKPLANT Pty Ltd’s computer systems, through a virus or otherwise.
2. USE OF ISEEKPLANT.COM.AU WEBSITE AND MOBILE APPLICATIONS
By using this site, you expressly agree to be bound to the foregoing terms and conditions.
- The accuracy of the iseekplant.com.au web site, information, and resources identified are not warranted or guaranteed, or intended to substitute for professional advice or information, to contradict advice or information given, or for further services and information of any kind.
- In using the iseekplant.com.au Website and Mobile Applications, you must not:
- change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site, or through any other iseekplant.com.au properties;
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material from this site;
- use or attempt to use any material published on iseekplant.com.au to create any web site or publication;
- mirror or frame any web site or page within iseekplant.com.au;
- use any automated process of any sort to query, access or copy any material on iseekplant.com.au or generate or compile any document or database based on the material published on iseekplant.com.au; or
- transfer or sell any information, functionality or products or services offered on iseekplant.com.au;
- without the written approval of iseekplant.com.au.
- iseekplant.com.au may terminate your right to access and use iseekplant.com.au at any time.
- Any requests for iseekplant.com.au's permission to publish, copy, reproduce, distribute, transfer, or otherwise use any materials contained in the web site should be directed through to www.iseekplant.com.au/contact-us
- iseekplant.com.au makes this site available for the sole purpose of providing general information on related topics and providing Internet access and search engines to identify various resources, products and services listed on the web site.
- This site may not be used as a supplement or alternative for services, and is not intended and does not warrant or guarantee the quality or quantity of any services of any of the advertisers, users or members/subscribers identified; further, the information provided is merely for educational and informational purposes, and its accuracy is not guaranteed. Do not use this site as a substitute for precise information or advice.
- Please consult with our advertisers, users or members/subscribers directly regarding any further information or questions you may have. This site is not maintained by the products and or service providers displayed and should not be used for advice. Do not use this site to disregard any other advice, nor to delay seeking advice or representation, because of something you read or see in this site.
- You understand and agree that neither iseekplant.com.au nor its suppliers or vendors or linked domain names are responsible or liable for any claim, loss, or damage, of any kind, directly or indirectly resulting from your use of this site or the information or the resources contained on or accessible through it.
- iseekplant.com.au expressly disclaims any implied warranty or representation about the information or accuracy, relevance, timeliness, completeness, or appropriateness for any particular purpose of any kind.
- Your use of this site is also subject to all additional disclaimers and caveats that may appear throughout the site.
- iseekplant.com.au may provide you with the ability to communicate with iseekplant.com.au, users, members/subscribers and advertisers through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, SMS, online forums, inbound phone number services and other forms of electronic messaging.
- You acknowledge that communications through iseekplant.com.au may be public and not private communications. Further, you acknowledge that communications should not be considered reviewed, screened, or approved by iseekplant.com.au.
- You agree and acknowledge that we provide a concierge answering service for suppliers and seekers on iseekplant.com.au in the event a call is not connected. We provide this service to ensure that using iseekplant.com.au is quick and efficient for suppliers and seekers searching for suppliers and to ensure all customer accounts are current.
- Use of the iseekplant.com.au communications services is provided on condition that you do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material;
- use the communications services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by iseekplant.com.au;
- download any file posted by another user that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;
- excessively use the communications services in a manner which may hinder or prevent iseekplant.com.au from providing services to any other persons or which may threaten the integrity or use by any person of iseekplant.com.au;
- authorise, aid, abet, encourage or incite any person to do any of the above acts.
- iseekplant.com.au may, but has no obligation to do so, review communications by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted on iseekplant.com.au.
- You hereby consent to allow iseekplant.com.au and its service providers to send you promotional material from time to time.
- You agree to abide by iSeekplant’s Review Posting Guidelines
- Any software, including HTML code and ActiveX controls, that is made available to download from iseekplant.com.au ("Software") is owned by iseekplant.com.au and/or its suppliers.
- Your use of the Software is governed by the terms of the end user License Agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.
- If there is no License Agreement, iseekplant.com.au grants you a personal, non-transferable license to use the Software for viewing and otherwise using iseekplant.com.au in accordance with these terms and conditions, and for no other purpose. You must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in part the Software;
- reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
- You agree to indemnify, defend, and hold harmless iseekplant.com.au and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable solicitors' fees) related to your violation of this agreement or use of this site in any manner.
- Your use of this site shall constitute your acceptance of the terms of this Agreement, as revised and modified, if any, each and every time you access this site.
5. WARRANTY AND LIABILITY
- iseekplant.com.au and its suppliers and vendors disclaim all express or implied representations or warranties with regard to the information, services, products, materials, and any other resources contained on or accessible through this site, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All information provided by iseekplant.com.au is made available "as is" and "as available" without warranty of any kind, or any express or implied promise, including, by way of example, its continuing availability.
- To the maximum extent permitted by applicable law, in no event shall iseekplant.com.au or its suppliers or vendors be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this site, with the delay or inability to use this site, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this site, even if advised of the possibility of such damages.
- With respect to products, goods, or services purchased from any entity identified, listed, named or contacted through iseekplant.com.au web sites, or any links to iseekplant.com.au’s web site, in no event shall iseekplant.com.au be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
6. EXTERNAL SITES
- This site also includes links to other Internet sites created and maintained by iseekplant.com.au's suppliers, vendors, affiliates, users or members/subscribers. Be aware that iseekplant.com.au does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any other Internet sites.
- Further, the inclusion of these links is merely for your convenience and is not intended and does not reflect iseekplant.com.au's opinion on the accuracy or the importance of these other sites; further, iseekplant.com.au does not endorse in any manner any of the views expressed in, or products or services offered by this or these other sites.
- All information in any iseekplant.com.au site, or associated or linked site, is extracted, read, used, or relied upon by you at your own risk.
7. GOODS AND SERVICES PROVIDED BY ISEEKPLANT.COM.AU
- If iseekplant.com.au offers goods or services to you, including advertising, the services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail.
8. INDIGENOUS OWNERSHIP & AFFILIATION
iseekplant.com.au is committed to supporting efforts to promote and identify indigenous owned and affiliated businesses supplying to mining, resources and infrastructure projects.
- Members/subscribers listed on may have the Aboriginal Flag present on their listing.
- Businesses must comply with the following conditions, as recognised by iseekplant.com.au to claim this denotation:
- Be majority owned, or part owned by an indigenous person, group of people, company or Trus
- Have a minimum of 25% of its workforce staffed by indigenous people
- Undertake extensive social and community programs to the benefit of indigenous communities
- iseekplant.com.au reserves the right to determine the validity businesses making these claim through any means possible and to remove the denotation from listings if it can be substantiated that the business does not comply with these conditions.
- iseekplant.com.au takes no responsibility for the representations made by users and customers on the site, with respect to indigenous ownership or affiliation and does not warrant that these claims are true or correct.
- iseekplant.com.au's failure to insist upon strict enforcement of any provision(s) of this agreement shall not be construed as a waiver of any provision or right.
- This agreement and the resolution of any dispute related to this agreement or this site shall be governed by and construed in accordance with the laws of Queensland, without giving effect to any principles or conflicts of law. Any legal action or proceeding between iseekplant.com.au or its links, suppliers, users, members/subscribers or vendors and you, related to this agreement or this site shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the state of Queensland.
- Members/subscribers consent to iseekplant.com.au's handling of personal information, including such recording of calls, as a condition of membership/subscription.
- Members/subscribers must ensure that:
- their staff are aware that telephone calls to those staff made through iseekplant.com.au numbers may be recorded; and
- any staff receiving such calls have consented to the recording.
- Members/subscribers agree to indemnify iseekplant.com.au and its agents, staff and contractors for any costs, expenses, losses, damages, claims, demands, proceedings, and other liability they incur or suffer, directly or indirectly, however caused, arising wholly or partially, directly or indirectly in connection with members/subscribers' failure to fulfil their obligations under clause 11.3. This indemnity shall apply to the fullest extent permissible by law, subject to any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.