Disclaimers and limitations of liability

a) General disclaimers

Description or reference to a product or service does not necessarily imply total endorsement of that product or service, unless it is owned or delivered by Brisbane Fire Protection ‘BFP’ and in which case it is subject to the disclaimers limitations of liability herein and within any licence or other agreement with you the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.

We try and ensure our websites are available for use 24 hours per day, 7 days per week other than for a small period for scheduled down time, however we do not warrant that at other time our websites will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the any of our websites inaccessible to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BFP EXPRESSLY EXCLUDES:

i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;

ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;

iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND

iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSEOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING NEITHER FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXLUDED OR LIMITED UNDER THE APPLIACABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.

Your conduct

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or other device to BFP. You must use the website for lawful purposes only. You must not use the website for any of the following:

For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights, or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your content
To reproduce, duplicate, copy or resell any part of our site in contravention with these terms of use or any other agreement with the BFP.
Governing law and jurisdiction

To the fullest extent permitted by law, these terms will be governed by the laws of Queensland and Australia and shall be governed and construed in accordance with their provisions, whose courts shall have exclusive jurisdiction, unless as at the date of formation of any agreement with you either i) the laws of Queensland and Australia and would not be upheld in the Courts in the users stated country location; ii) an Australian judgement could not be enforced in the user stated country location; or iii) it would take six months or more for BFP to enforce a Queensland or Australian judgement in the users stated country location, then it is hereby agreed that this Agreement shall be governed by the laws of the subscriber’s stated country (or state if applicable) and their courts. Notwithstanding any of the above, this clause is governed by the laws of Queensland and Australia.

Date of last update of document: June 2012