Terms of Use

As a user of the Clarkson ITT web sites ('clarksonitt.com', 'clarksonitt.net', 'clarksonitt.info', 'clarksonitt.biz', 'clarksonitt.com.au', 'clarksonitt.net.au', 'clarkson.com.au' and 'clarkson.net.au'), you are bound by the following terms and conditions.  Accordingly, you should review them in relation to all or part(s) of the web site.

Licence

By allowing you to access the web site, Clarkson ITT grants to you a licence.  By accessing the web site, you accept the terms and conditions of this licence.  Pursuant to this licence and subject to the absolute right of Clarkson ITT to vary access to all or any part(s) of the web site, you acquire a non-exclusive right to:

  • View the material in the web site;
  • Access material contained in the web site; or
  • Use the web site strictly in accordance with the provisions of this licence.

If you wish to download and use any material contained in the web site for a temporary purpose (such as viewing offline), you may do so.

Brochures may be downloaded and circulated, provided they are not modified and are circulated in their original electronic form. Hyperlinks to the brochures may be circulated.

Materials provided for download in the 'downloads area' may be downloaded provided that this is done in line with the conditions provided for the download. However, downloading any other material contained in the web site for reproduction by you may only be done upon receipt of prior written consent from Clarkson ITT, and upon payment of any fee required by Clarkson ITT to be paid by you for that use.

Your Obligations

You hereby undertake the following obligations:

  • To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the web site without the express consent of Clarkson ITT, except as expressly authorised by this licence. To ensure your employees, subcontractors and other agents (if any) who have authorised access to the web site are made aware of the terms and conditions of this licence.
  • To not provide or otherwise make available any material in the web site in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of Clarkson ITT.
  • To not use the material in the web site for, or in connection with, a service bureau operation.

Warranties

Clarkson ITT does not warrant that the material in the web site is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the web site will not cause Clarkson ITT to be in breach of the terms of this licence.

Clarkson ITT reserves the right to change, add or remove any material in or from the web site without notice. It also reserves the right to change access levels in any area of the web site without notice.

Clarkson ITT does not warrant that the functions contained in the web site or third-party web sites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the web site and other third-party web sites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of Clarkson ITT for breach of any such implied term will be limited, at the option of Clarkson ITT, to any one or more of the following:

  • The replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
  • The repair of such goods or services;
  • The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
  • The payment of the cost of having the goods repaired or the services performed again.

Clarkson ITT will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials. When deciding to visit the web site, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Clarkson ITT which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Clarkson ITT (which material may be out of date or superseded).

Intellectual Property Rights

You acknowledge that the material in the web site is the subject of  copyright © and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the web site, except as otherwise expressly authorised by this licence.

Subscription Services

Subscribers to services of the web site may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription, subject to the terms of that subscription.

Password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation.

Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber's conduct violates applicable law, Clarkson ITT may immediately suspend or terminate a subscriber's subscription without notice.

Indemnity

You must indemnify and keep Clarkson ITT indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Clarkson ITT may incur to a third party or you as a result of your breach of the provisions of this licence.

This web site may contain hyperlinks to other web sites operated by third parties. You accept that Clarkson ITT has no control over, and is not responsible for, any material contained on any third-party web sites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's web site.

Users may place hyperlinks to the web site without the prior written consent of Clarkson ITT provided that the hyperlinks and the way they are presented are not designed to mislead or deceive a person. Hyperlinks must be made on terms satisfactory to Clarkson ITT and upon request, must be updated to reflect these terms. Hyperlinks must not breach the intellectual property rights or terms of use for the site to which they link.

Disclaimer

You accept that Clarkson ITT takes no responsibility for any error or omission relating to the material contained in the web site.

As set out in our disclaimer, you accept that Clarkson ITT makes no undertakings to provide access to the web site at any particular time, or for any particular length of time. You agree that Clarkson ITT will not be held liable for any lapse in the web site's accessibility or any consequences whatsoever that flow from the unavailability of the web site.

Term of Licence

This licence commences upon your accessing the web site and is granted in perpetuity. However, the licence may be terminated without notice by Clarkson ITT if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the web site that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Clarkson ITT.

Termination pursuant to this clause shall not affect any rights or remedies, which Clarkson ITT may otherwise have under this licence or at law.

Amendments to this Licence

Clarkson ITT may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the web site. You accept that by doing this, Clarkson ITT has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the web site.

Waiver

Failure or neglect by Clarkson ITT to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Clarkson ITT under this licence.

Jurisdiction

This licence shall be governed by and construed according to the laws of the state of New South Wales, Australia.

Definitions

'Clarkson ITT' means Clarkson ITT Pty Limited, all of its related bodies corporate as defined in the Corporations Law of Australia.

'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Clarkson ITT web sites.