Landmark Global Exports Pty Limited (ABN 44 131 015 373)http://www.landmarkglobalexports.com.au
Where used in this notice:
Landmark Global Exports means Landmark Global Exports Pty Limited ABN 44 131 015 373, the export division of Landmark Operations Limited ABN 73 008 743 217.
Content means the information made available to you through the Landmark Global Exports Website and/or a Service;
Landmark Global Exports Website means the World Wide Web site accessible from http://www.landmarkglobalexports.com.au;
Non-secure Website Areas means all areas of the Landmark Global Exports Website other than the Secure Website Areas;
Secure Website Areas means the following areas of the Landmark Global Exports Website to which access is password controlled;
Service means all or any of the applications contained on or accessible from the Landmark Global Exports Website; and
you or your means a person who accesses the Website and/or a Service.
3. Basis of Provision
3.1 The Landmark Global Exports Website and each Service rely in part on factors outside Landmark Global Exports's control and Landmark Global Exports does not provide any guarantee that the Landmark Global Exports Website or any Service is fault-free.
3.2 Without liability to you, Landmark Global Exports may at any time and without notice to you:
3.2.1 shut down or suspend the Landmark Global Exports Website or any Service, or disconnect or deny you access to the Landmark Global Exports Website or any Service; and
3.2.2 make improvements and/or changes to the Landmark Global Exports Website, any Service or the Content.
4. Information You Provide
4.1 Where you provide information to Landmark Global Exports electronically through the Landmark Global Exports Website, you must provide accurate, complete and current information. You agree to update this information from time to time to ensure that its accuracy, completeness and currency is constantly maintained.
5. Use of the Landmark Global Exports Website/Service
In using the Landmark Global Exports Website and/or a Service, you agree:
5.1 to maintain the confidentiality of all your Service identification and log-in information;
5.2 that you are responsible for any disclosure or loss of Service identification or log-in information;
5.3 to notify Landmark Global Exports immediately if you lose your Service identification or log-in information;
5.4 to comply with all directions of Landmark Global Exports relating to the use of the Service;
5.5 that you are entirely responsible for all activities that occur under or in respect of any Service account you open;
5.6 that you will immediately notify Landmark Global Exports of any unauthorised use of a Service account or other breach of security of which you are aware;
5.7 that the Content is valuable information and belongs exclusively to Landmark Global Exports; and
5.8 not to alter the Content or develop any derivative works from the Service.
6. What You Must Not Do
In using the Landmark Global Exports Website and/or a Service, you agree that you must not, whether directly or indirectly:
6.1 carry out activities, or post or transmit any information or materials, which infringe a third party's rights, are contrary to any relevant standards or codes or breach any laws or regulations;
6.2 interfere with another individual's or entity's use and enjoyment of the Service or similar services;
6.3 conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spamming or other duplicative or unsolicited messages (whether commercial or otherwise);
6.4 defame, harass, stalk or threaten any person;
6.5 publish or distribute any defamatory, obscene, indecent or unlawful material or information that could otherwise give rise to civil or criminal proceedings;
6.6 advertise or offer to sell or buy any goods or services;
6.7 collect information about others, including email addresses;
6.8 create a false identity for the purpose of misleading others as to the identity of the sender or the origin of any message;
6.9 transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
6.10 interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; or
6.11 attempt to gain unauthorised access to the Service, other accounts, computer systems or other networks connected to the Service, through password mining or any other means. This includes, without limitation;
attempting to access information or data for which the user has no authorisation;
attempting any breach of system or network security;
attempting to introduce a virus to Landmark Global Exports's computer system or network;
sending unsolicited e-mails through Landmark Global Exports's computer system or network.
Any violations of a Service, the Landmark Global Exports Website or any Landmark Global Exports system or network security may result in civil or criminal liability.
7. Landmark Global Exports May Monitor the Service
Landmark Global Exports may vary any of the conditions contained in this notice at any time by posting notice of any variations on this page. Your continued access to the Landmark Global Exports Website and use of a Service after such notice will constitute acceptance of the variation.
9. Personal Right
Unless otherwise agreed by Landmark Global Exports, your right to use any Service that involves password controlled access is personal to you. You cannot give this personal right to someone else and you must not allow any other person to access or use the relevant Service using your password.
10. Landmark Global Exports Website is protected by Intellectual Property Laws
You acknowledge that:
10.1 copyright in the material accessible from the Landmark Global Exports Website (including all text, graphics, layouts and images) is owned by Landmark Global Exports and certain third parties and all rights are reserved in that copyright;
10.2 registered and unregistered trade marks owned by Landmark Global Exports (or other members of Landmark Operations Limited) are displayed on and are also accessible from the Landmark Global Exports Website;
10.3 You must not use any copyright material or trade marks referred to above except in the manner described below. You may:
10.3.1 make temporary copies to the extent necessary to browse the Landmark Global Exports Website on screen; and
10.3.2 unless otherwise stated, download or print a single copy of such copyright material and/or trademarks for personal, private or research use provided that, in doing so, you must not make any alterations to the copyright material or trade marks (including to any applicable copyright or trade mark notice or disclaimer).
11. Links are not Endorsements
11.1 Any links or frames connecting the Landmark Global Exports Website with other websites are for convenience only and do not mean that Landmark Global Exports endorses or approves those responsible for those other websites or the information accessible from them.
11.2 Any links to or frames of the Landmark Global Exports Website are permitted but Landmark Global Exports reserves the right to prevent linking or framing immediately by giving notice.
12. Beware of Hackers and Viruses
The world wide web exists across open, public networks that are neither secure nor private. You acknowledge and accept the risk that:
12.1 transmissions to or from the Landmark Global Exports Website may be intercepted, used and modified by third parties; and
12.2 material obtained from or through the Landmark Global Exports Website may contain computer viruses and other defects.
13.1 Landmark Global Exports is committed to protecting information received from users of the Landmark Global Exports Website and any transaction instructions between Landmark Global Exports and users of the Landmark Global Exports Website.
13.3 Landmark Global Exports has a number of security practices in place to protect the information of Landmark Global Exports Website users. This includes 128 Bit encryption of defined transactions that are made in the Secure Website Areas using secure socket layers (SSL) technology. This means that these transactions can only be intercepted in their encrypted form. Landmark Global Exports also uses firewalls, intrusion detection and virus scanning technologies in order to protect information against unauthorised access and viruses. Access to Secure Website Areas is restricted via user IDs and passwords.
13.4 When accessing Secure Website Areas, you should use secure passwords that:
cannot be easily guessed;
are not in written form; and
are not disclosed to any third party.
13.5 Where you have registered for a function or Service accessible via the Landmark Global Exports Website which is password controlled, you should note that Landmark Global Exports, Landmark Operations Limited or AWB employees and agents will never contact you requesting your password. If you are contacted by an individual asking for your password, please notify Landmark Global Exports by using the Contact Us page. Do not disclose your password to anyone.
13.6 In Non-secure Website Areas, any information supplied by you to Landmark Global Exports will not be in an encrypted form, and you should be aware that there is a risk that a third party may attempt to intercept and/or read the information that you supply. Landmark Global Exports will take all reasonable steps available to it to ensure the security of your information but accepts no responsibility for any loss or damage to you as a result of such interception.
13.7 To ensure your security you should always take your own precautions which includes running reputable anti-virus software on your computer.
13.8 If you have any questions about security and the Website, please use the Contact Us page.
14. Disclaimer and Limitation of Liability
14.1 To the maximum extent permitted by law, neither Landmark Global Exports nor any of Landmark Global Exports's officers, employees, agents, contractors or related bodies corporate (including without limitation Landmark Global Exports) or the officers, employees, agents, contractors or related bodies corporate of Landmark Global Exports's agents, contractors or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you, or claims made against you, through or arising in connection with your use of the Landmark Global Exports Website or any Service, any failure to provide the Landmark Global Exports Website, any information ordinarily available from it or in connection with any products, services (including the Services) or information supplied, offered to be supplied or advertised through or via the Landmark Global Exports Website.
14.2 To the maximum extent permitted by law and subject to any express warranty, condition or representation agreed in writing by Landmark Global Exports, all warranties, conditions and representations about the Landmark Global Exports Website, including the availability of the Landmark Global Exports Website or any Service for use, the products and services (including the Services) advertised or available to be supplied through or via the Landmark Global Exports Website and the information available from or linked to the Landmark Global Exports Website, are excluded.
14.3 Where a term is implied by law and that law prohibits provisions in a contract excluding or modifying liability under that term, then Landmark Global Exports agrees to observe and adhere to that term. However, Landmark Global Exports's liability for breach of such term will be limited, at Landmark Global Exports's option, to one or more of the following:
14.3.1 in relation to goods:
126.96.36.199 the replacement of the goods or the supply of equivalent goods;
188.8.131.52 the repair of such goods;
184.108.40.206 the payment of the cost of replacing the goods or acquiring equivalent goods; or
220.127.116.11 the payment of the cost of having the goods repaired; and
14.3.2 in relation to services:
18.104.22.168 the supply of the services again; or
22.214.171.124 the payment of the cost of having the services supplied again.
If any provision contained in this notice is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability only and without invalidating the remaining provisions contained in this notice or affecting the validity or unenforceability of that provision in any other jurisdiction.
If Landmark Global Exports does not act in relation to a breach by you of this notice, this does not waive Landmark Global Exports's right to act with respect to subsequent or similar breaches.
You are bound by this notice and any conditions governing your use of a particular Service. If there is any inconsistency between any condition set out in this notice and any specific condition governing a particular Service, the specific condition governing use of the particular Service will prevail to the extent of the inconsistency.
18. Applicable Law
You agree that the laws of the State of Victoria in Australia apply to this notice. You submit to the non-exclusive jurisdiction of the courts of that State.