Safety Bro

Terms and Conditions

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Introduction

This website ('Site') is owned and operated by Sharpe Bros (Aust) Pty Ltd (' SHARPE BROS, we, our, us'). Access to the contents of this Site is conditional upon your acceptance and compliance with these Terms and Conditions which should be read together with the Privacy Policy that appears on this Site.

Your use of the Site shall be deemed to mean that you have read and agree with these Terms and Conditions and the Privacy Policy.

All persons under the age of 18 years must obtain the consent of their parent or legal guardian before using the Site.

Intellectual Property

This Site and all its constituent contents including its text, information, design, graphics, software and all material appearing on the Site ('Works') are the subject of copyright owned by Sharpe Bros unless otherwise stated and in certain cases may be protected by trade mark law. For example, the trade marks SAFETY BRO, SAFETYBRO, SAFETY BRO logo, the “S” logo and WHAT WOULD SAFETY BRO THINK? are trade marks of SHARPE BROS (“the Trade Marks”). You may not use any of the Works and/or the Trade Marks in any way without first obtaining the prior written permission of SHARPE BROS.

Licence to users of Site

SHARPE BROS grants you a non-exclusive revokable licence to access the Works, the Site and/or Trade Marks solely for your private personal use which may not be for commercial gain.

You must first obtain the prior written permission of SHARPE BROS to reproduce, broadcast, communicate, adapt or modify the whole or any part of the Works, Site and/or the Trade Marks. Under no circumstances can you delete, edit or otherwise change any credits, trade marks or other legal notices included in the Works, Site and the Trade Marks.

SHARPE BROS grants all Internet service providers the non-exclusive right to supply the Works and Trade Marks in this Site to their subscribers subject to compliance with these Terms & Conditions and the Privacy Policy.

SHARPE BROS ownership of submitted material

You assign all right, title and interest in all material communicated by you to this Site in whatever format (including without limitation whether the material consists of text, graphics or music) ('Material') to SHARPE BROS, its assigns, successors and licensees to use for all purposes in any manner in all media throughout the world in perpetuity.

Your submission of Material to the Site shall be deemed a valid and binding signature of the assignment to SHARPE BROS in written, electronic form as permitted under relevant legislation.

Warranties

You warrant to SHARPE BROS that:

Indemnity

You agree to indemnify SHARPE BROS and hold SHARPE BROS indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of your use of the Site or any breach of these Terms and Conditions by you.

Communication Channels

To the extent that this Site provides users with the ability to participate in chat rooms, message boards and other real time communications with other users ('Communication Channels').

SHARPE BROS requires its users to participate in the Communication Channels in a responsible manner and all users must ensure that (unless otherwise agreed) they do not communicate material which:

infringes or adversely impacts on the rights of any person;

is under copyright, trade mark or other intellectual property protection if they have not obtained a full and proper licence from the owner;

brings SHARPE BROS into disrepute with any party or is defamatory, obscene, pornographic or offensive or which incurs criminal or civil liability;

is technically deficient in some manner including any material which contains a computer virus; or

is promotional or advertising in its nature.

You acknowledge that SHARPE BROS does not monitor, review or edit the content of the Communication Channels nor does it assert any editorial control. Regardless, SHARPE BROS still reserves the right to monitor all content on the Site. SHARPE BROS may in its sole discretion delete any communication deemed to breach these Terms and Conditions and remove or bar any user posting such communication from using this Site.

Health and Safety issues on the Site

This Site contains information on health and safety issues presented in different formats including without limitation user health and safety queries, fact sheets and information contained on the Communication Channels ('Health and Safety Information').

SHARPE BROS is not qualified to provide any medical advice and does not purport to offer such advice as part of the Health and Safety Information. You accept that all Health and Safety Information is of a generic nature and does not take into account the actual health requirements or medical status of any particular individual needed to provide an individual diagnosis for the treatment of any health or medical condition. You accept that you must in all cases without exception obtain an individual diagnosis for all health or medical conditions from a qualified medical practitioner or assessment by a safety expert and never solely rely upon any Health and Safety Information. SHARPE BROS, its related bodies corporate and all their directors, employees and/or agents expressly disclaim all responsibility for, and liability in respect of, the accuracy of the Health and Safety Information in any particular circumstances, including without limitation any persons use of the Health and Safety Information without obtaining a proper medical examination and advice from a qualified medical practitioner. All opinions expressed by any health professional on the Site are those of the relevant health professional and not SHARPE BROS. Any user that offers advice on health and safety issues to any other user by means of the Communication Channels shall be solely and directly liable for any such advice and SHARPE BROS shall not be responsible for its accuracy.

Disclaimer

SHARPE BROS provides no guarantee that the information on this Site is accurate or that this Site is free from defects, including but not limited to computer viruses and you agree that by using this Site, you accept all risk and any associated costs incurred.

Unless otherwise permitted by law, SHARPE BROS, its related bodies corporate and all their directors, employees and/or agents will not be liable for any loss, claims, damages or expenses (including legal expenses) arising out of or in connection with any use of this Site including but not limited to indirect, incidental, special and all consequential damages or loss of profits or opportunity to any person even if such loss or damages were reasonably foreseeable. If this provision is unenforceable in whole or in part in any jurisdiction due to relevant laws in that jurisdiction then in no event will the liability of SHARPE BROS to you for any damages, losses, claims or otherwise exceed the amount paid by you, if any, for accessing this Site.

Unless otherwise permitted by law, SHARPE BROS's liability (if any) for any breach of a condition or warranty implied by any relevant state or federal law in Australia which cannot be excluded is limited to any of the following as solely determined by SHARPE BROS:

in the case of goods, the replacement of the goods, repair of the goods, supply of equivalent goods, payment of the costs of repairing the goods, or of arranging equivalent goods; or in the case of services, supply of the services again or payment of the costs of having the services supplied again.

General

This licence constitutes the entire agreement between SHARPE BROS and you regarding your use of the Site and your grant of all rights in any Works submitted to SHARPE BROS. No waiver of any breach of these Terms and Conditions shall be deemed a waiver of any other breach of the same or any other term.

If any provision of these Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law or ordinance in Australia any such provision will to the necessary extent be severed from this Agreement, as applicable, and the remaining provisions will not be affected. Your indemnity and assignment of all rights in the any Works submitted to SHARPE BROS will survive termination of these Terms and Conditions. These Terms and Conditions are governed by the laws of New South Wales, Australia and any dispute shall be subject to the non-exclusive jurisdiction of the Courts of New South Wales.

© SHARPE BROS Pty Ltd 2007. All rights reserved.

Last updated 27 March 2007

Copyright © 2007 Sharpe Bros (Aust) Pty Ltd. All Rights Reserved