Terms of Use

Insitu Pacific Website – Terms of Use

Please read these Terms of Use carefully as they apply to your use of www.insitupacific.com.au (“the Website”).

By using the Website, you agree to be bound by these Terms of Use which form a legally binding agreement between you and Insitu Pacific.  If you do not want to be bound by these Terms of Use, do not continue to use this Website.

Insitu Pacific may amend these Terms of Use at any time.  Your continued use of the Website is considered to be acceptance of the amended Terms of Use.

Other Applicable Terms

You or your company may have previously executed a contract or other agreement with Insitu Pacific governing training or other services, including access to the Website.  For the purposes of precedence, those other contracts or agreements shall prevail to the extent of any inconsistency or conflict with these Terms of Use.

Purpose of Website

The Website is operated and presented by Insitu Pacific for the purpose of describing Insitu Pacific’s products and services, and in order to provide Insitu Pacific’s customers with a means of ordering products and services.

Insitu Pacific reviews the information available on this web site and updates the information as required.

Privacy

Insitu Pacific collects information on the Website for the following purposes:

• to confirm your continuing right to access the Website;
• to provide you with services;
• to analyse your usage in order to customise and tailor the Website for greater functionality and to meet Insitu Pacific’s users’ needs; and
• to develop statistical data for internal use.

Insitu Pacific will not disclose your private information to third parties, except where disclosure is required to verify your right to access the Website.  By using the Website, you authorise Insitu Pacific to use your private information stored on or collected by the Website for these purposes.  Insitu Pacific will provide you with access to the information collected about you, should you request.

To safeguard your personal data, all electronic storage and transmission of personal data is secured with appropriate security technologies.

Intellectual Property

No right, title or interest in the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website is transferred to you, whether as a result of downloading such content or otherwise.  Insitu Pacific reserves complete title and full intellectual property rights in all content.  Except as expressly authorized by these Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from the content of the Website except as expressly permitted by the Terms of Use.

Copyright

Copyright in the material on this Website, unless otherwise acknowledged or stated is owned or licensed by The Boeing Company, including its subsidiaries Insitu Inc. and Insitu Pacific Pty Ltd.

The material on this Website, including all information such as text, graphics, images, photographs and sound, is protected by copyright pursuant to the Copyright Act 1968 (Cth), as amended from time to time and the laws of other countries.  Except where necessary to view the material on the Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, you must not alter, reproduce, store in retrieval system or transmit the material on this Website or any part thereof, unless authorised by Insitu Pacific in writing or permitted by the Copyright Act 1968 (Cth).

Trade Marks

All trademarks that are included on this Website are the property of their respective owners and are protected by relevant laws in Australia and other countries. You must not use any of these trade marks (including the reproduction, modification, distribution, repudiation, display or communication of these trade marks) except by saving or printing out a copy of this Website for personal non-commercial use, unless expressly authorised by Insitu Pacific or the owner of the relevant trade mark in writing.

Links from the Website

The Web Site may contain links to other web sites.  Insitu Pacific takes reasonable care in linking web sites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external web sites.

Links to external web sites do not constitute an endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites. Users of links provided by this web site are responsible for being aware of which organisation is hosting the web site they visit.

Subject to any applicable law which cannot be excluded, Insitu Pacific makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of the material or content of the other web sites or the products or services available or offered through those websites; or
• that the other websites do not infringe the intellectual property rights of any person.

Insitu Pacific does not authorise the reproduction of any materials or content on any third party website by linking to that website.

Links to the Website

If you would like to link to the Website, please contact the Website Administrator.   Unless specifically authorized by Insitu Pacific, you may not connect “deep links” to the Website, i.e, create links to this site that bypass the home page or other parts of the Website.  You may not mirror or frame the home page or any other pages of this Website on any other web site or web page.

Liability

Insitu Pacific makes no warranties, whether express or implied or representations about this Website or any of its content.  Insitu Pacific is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct, incidental, special, exemplary, indirect or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties, interruption of Website availability or service, infringement of third party intellectual property or title, unauthorised changes to your personal data, inaccuracies, errors or defects in the content of the Website, or the transmission of a computer virus, suffered in connection with the use of this Website whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise ,even if Insitu Pacific is informed in advance of the possibility of such damages.  Insitu Pacific excludes, to the extent permitted by law, any liability which may arise as a result of the use of the Website.

By using the Website, you agree to indemnify Insitu Pacific its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers for any loss or liability arising out of your use.  Use of the Website is at your own risk and you assume full responsibility and risk of loss resulting from your downloading, use of, or access to data, files, information, or other material on or through the Website.  Insitu Pacific’s aggregate liability to you for any other losses resulting from the use of the Website is limited to the nominal amount of $1.

Subject to any responsibilities implied by law and which cannot be excluded, Insitu Pacific is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the Website, whether in contract, tort including negligence, statute or otherwise.

Insitu Pacific recommends that users exercise their own skill and care with respect to their use of this Website and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the web site for their purposes.

The Website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

Governing Law

The Terms of Use will be governed by and interpreted in accordance with the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Termination

These Terms of Use and your access to the Website may be terminated at any time by Insitu Pacific without notice.  All restrictions, licences granted by you and all disclaimers and limitations of liability by Insitu Pacific will survive termination, however, you will no longer be authorised to access the Website.

User Conduct

You agree to use the Website only for lawful purposes.  You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content.  You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you.  You agree not to use the Website in any manner that might interfere with the rights of third parties.

Feedback

Insitu Pacific welcomes feedback regarding the Website.  Please contact the Website Administrator if you have any comments.

No Waiver

No waiver by Insitu Pacific of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies

Insitu Pacific reserves the right to correct any errors, inaccuracies or omissions and to change or update the content of the Website at any time without prior notice.  Insitu Pacific does not guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.