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AZoM warmly welcomes all users, potential contributors,
material suppliers and experts to its Website.
AZoM aims to provide material information for the engineering and
design community worldwide and to provide a forum for ideas, debate
and learning, and to facilitate interaction between all parts of the
materials sciences community worldwide. AZoM hopes that you find the
Website relevant, commercially useful, and stimulating. It is important
to AZoM that copyright and other laws, and principles of intellectual
integrity are observed. AZoM also hopes that any business conducted
independently between parties as a result of introduction through
the Website is conducted professionally, courteously, ethically, and
in compliance with the laws that apply to them in their part of the
world.
AZoM looks to Users to help keep the standards high. If you see a
contribution that you believe may breach the copyright of another
person, or may be using the ideas of others without proper acknowledgment,
please contact us.
The forum is intended to be open by nature. Participants are likely
to come from the tens of millions who comprise the diverse worldwide
materials sciences community, including industry professionals, academics,
technical journalists, students, government officials and amateur
enthusiasts.
Given the forum's open nature, AZoM has been advised that it can only
remain viable if all risk (except as specifically required by law)
remains with Participants and other third parties. Therefore, AZoM
requires all Participants to accept the terms and conditions of this
Website as a precondition of their participation. Use of this Website
in any way or capacity constitutes acceptance of these terms and conditions.
This Website is owned and operated by AZoM.com Pty Limited (ACN 092
434 529) of Suite 24, MVB, 90 Mona Vale Road, Mona Vale, NSW, 2103, Australia
(AZoM). Please send any e-mail enquiries to enquiries@azom.com.
Becoming a Participant
Users may become such by use of the Site or by
any registration procedures shown on the Website, including acceptance
of these Terms and Conditions.
Persons wishing to become Contributors are warmly invited to submit
material for consideration to be included as Content for the Website.
To ensure the highest editorial standards, AZoM may from time to time
request information from persons submitting material, and reserves
the right to reject any submitted material. Contributors can supply
information on-line by clicking through the "submit content link"
which is above all articles.
Persons wishing to become Experts are warmly invited to apply. Before
you can be considered for inclusion in the Website, you must complete
the AZoM Experts Registration Form, this is available by clicking
through the "list as an AZoM Expert" link above all articles.
AZoM may request further information from applicants, and reserves
the right to reject any applicant.
TERMS AND CONDITIONS |
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1. NO LIABILITY REGARDING CONTENT
& AUTHORSHIP
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AZoM expects to attract Content from
a wide variety of sources, and AZoM has limited capability to thoroughly
verify the accuracy or authorship of Content, and largely relies on
the word of contributors. You acknowledge and agree that:
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(a) The Content (including
opinions, ideas, products, information, statistics and representations)
is not, and should not be regarded as, endorsed or guaranteed by AZoM
in any way, or relied upon as a substitute for professional advice.
In respect of Content, AZoM accepts no responsibility, and liability
in this respect is expressly disclaimed.
(b) Any representations regarding authorship of any work forming
part of the Content must not be inferred as any endorsement by AZoM:
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(i) That the person named as author of any work is necessarily
a true and complete representation of authorship of the relevant
work;
(ii) That the person named as author has the legal right to submit
the work for inclusion on the Website without unlawfully infringing
intellectual property rights of any other person; and
(iii) That any work within the Website is necessarily the original
work of the person named as author. 1
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and AZoM excludes all liability in
respect of any breaches of same.
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2. USING EXPERTS
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AZoM expects the Website to contain
from time to time links to Experts who may be available to provide
various services to Users. The purpose of the Website is merely to
act as a market place for buyers and sellers of such services and
accordingly:
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(a) AZoM neither makes nor
endorses any representations or claims regarding the experience, competence,
qualifications or suitability of an Expert to meet the needs of a
particular User.
(b) AZoM expressly excludes all liability to Participants in
relation to any service provided by any Expert engaged pursuant to
an introduction via the Website, including but not limited to:
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(i) Any liability to Users in respect of any wrong committed
or alleged, whether arising in either contract, tort, statutory
duty or otherwise, by an Expert in the provision of any service
to a User; and
(ii) Any liability to Experts in respect of any failure by any
User to pay fees and disbursements for any services provided by
Experts to Users.
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3. NO LIABILITY FOR LINKS, ADVERTISERS,
STRATEGIC PARTNERS
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(a) The Website may, from
time to time, have links to other sites (including links to sites
operated by AZoM's strategic partners). AZoM has no control over the
content on any such sites and for that reason AZoM makes no warranties,
either express or implied, concerning such content, including the
accuracy, completeness, reliability or suitability for any particular
purpose. AZoM also does not warrant that such sites or content are
free from any breaches of copyright, trademark or other infringement
of the rights of third parties or that such sites or content are devoid
of viruses or other contamination.
(b) The Website may contain advertising and sponsorship. Advertising
and sponsorship helps defray the costs of operating the Website, and
is therefore a much welcomed contributor to the Website's ongoing
viability. Advertisers and sponsors must ensure all advertising and
other submitted material complies with relevant laws, including intellectual
property laws. AZoM excludes to the extent allowed by law any liability
to Participants and third parties for any error or inaccuracy appearing
in any advertising or sponsorship material, or for any breach in tort,
contract or statutory duty (including duties imposed under copyright
and other intellectual property laws) in relation to such material.
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4. NO LIABILITY FOR ANY DISRUPTIONS
TO YOUR SYSTEM
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Whilst AZoM expects to maintain its
IT infrastructure to the highest standards, it cannot accept legal
responsibility to Participants for any act or omission (including
viruses and the like) that inadvertently results in any damage, interference
or other problems with any system, data or personal information. If
you have any problems in that regard, AZoM would appreciate appropriate
advice from Participants.
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5. NO LIABILITY FOR INTERRUPTIONS
OF SERVICE DUE TO MAINTENANCE, UPGRADES, ETC
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AZoM shall not be liable for any
disruptions to the Website for any reason, including but not limited
to disruptions caused by any third party service provider, and any
Website downtime for any reason, including but not limited to repairs,
maintenance, Website design changes, or the implementation of any
changes to the Content.
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6. FURTHER ON EXCLUSION OF DAMAGES
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(a) Exclusion of liability
under these Terms and Conditions extends to exclude from liability
AZoM and Related Parties.
(b) Exclusion extends to all kinds of liabilities, including
but not limited to special, incidental, consequential, or indirect
damages, loss of goodwill or business profits, work stoppage, data
loss, computer failure or malfunction, all other commercial damages
or loss, or exemplary or punitive damages relating to the Website.
(c) Exclusion of liability shall only apply to the extent permitted
by law.
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7. INDEMNITIES
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(a) In respect of his/her
relevant participation in the Website, each Participant (and if more
than one in respect of participation, jointly and severally) indemnifies
and holds AZoM and its Related Parties harmless from and against all
claims, liabilities, and costs, including reasonable legal fees, incurred
by AZoM and/or its Related Parties arising from any third party claim
resulting directly or indirectly from the Participant's participation
in the Website. Such indemnity includes but is not limited to claims
in respect of the infringement of intellectual property rights.
(b) The relevant Participant shall reimburse AZoM and/or any
relevant Related Party for all costs reasonably incurred by it/them
in any such proceeding in which it is a party.
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8. EXCLUSION OF WARRANTIES
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You acknowledge and agree as follows:
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(a) Your participation in
the Website is at your own risk. The service is provided on an "as
is" and "as available" basis. To the extent permissible
by law, AZoM expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement;
(b) To the extent permitted by law, in respect of the Website
and any associated service or advice provided (Services),
whether supplied by or on behalf of AZoM or by a third party including
any Expert, Supplier or Advertiser, AZoM makes no warranty that:
(c) The Services will meet your requirements;
(d) The Services will be uninterrupted, timely, secure, or
error-free;
(e) The results that may be obtained from the use of the Service
will be accurate or reliable; and
(f) The quality of any products, services, information, or
other material purchased or obtained by you through the service will
meet your expectations.
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9. AZOM'S COMMISSION
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AZoM hereby discloses that a commission
or listing fee may be payable by Experts to AZoM for any fees received
by them as a result of an introduction of a client through the Website.
Further details may be obtained from AZoM on request.
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10. PRIVACY & SECURITY
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(a) AZoM is committed to protecting
the privacy of all Participants and to keeping secure personal information
that Participants provide to AZoM (Personal Information). AZoM is
also committed to fully observing the privacy laws of Australia as
they stand from time to time. Unless otherwise compelled by law, AZoM
shall restrict access to Personal Information to such AZoM officers,
employees, agents, contractors and advisers who are properly authorised
by AZoM in good faith. Authorisation of such persons shall only extend
to legitimate internal purposes of AZoM.
(b) By way of exception to this requirement and subject to
relevant Australian laws:
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(i) AZoM may from time to time disclose part or all of the Personal
Information supplied to AZoM by a User to third parties, including
third parties who may wish to offer goods and services to the
User, but AZoM may only disclose any such Personal Information
to such third parties with the prior consent of the relevant User.
AZoM may seek such consent from Users from time to time.
(ii) As part of registration processes, Contributors and Experts
can expect to be asked for certain Personal Information, including
contact details, qualifications, and employment details. Disclosure
of any such Personal Information by a Contributor or Expert to
AZoM in any registration process shall be deemed to be a grant
of permission by the relevant person to AZoM to publish any such
Personal Information on the Website. AZoM will use reasonable
endeavours to ensure all Personal Information published on the
Website in respect of a Contributor or Expert is correct, but
accepts no liability for any errors in that regard. If Contributors
or Experts identify any errors in respect of their Personal Information
on the Website, AZoM would appreciate prompt notification and
will use reasonable endeavours to promptly make necessary corrections.
(iii) If AZoM disposes any part of its undertaking to a third
party where such disposal necessitates any transferee having need
in good faith to access to AZoM's records of Participants' Personal
Information, then nothing in these Terms and Conditions prevents
AZoM giving the relevant transferee access to such Personal Information
for the purpose of carrying on the relevant undertaking.
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11. USE OF WEBSITE
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In any capacity as a Participant,
whether as a User, Expert or Contributor, you agree to not participate
in the Website (including but not limited to submission of Content
and entering any arrangement for provision of service between User
and Expert) as follows:
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(a) To engage in any activity
that is unlawful, harmful or threatening (including to minors), tortious,
invasive of another's privacy, or otherwise objectionable;
(b) To misrepresent information about yourself, including your
identity (whether by giving a fictitious name or the name of another
person), contact details, qualifications, affiliation with any entity
and the like;
(c) To misrepresent yourself as the owner or authorised licensee
of intellectual property in any work or thing, or as the author of
any work;
(d) To transmit or otherwise deal with any Content that infringes
the intellectual property of any person, including AZoM;
(e) To transmit any material that contains software viruses
or the like that may limit the functionality of any software or hardware
or other equipment;
(f) To do anything which may impair the functionality of the
Website;
(g) To breach any relevant law in the jurisdiction where you
operate;
(h) To breach any part of these Terms and Conditions, including
any directions forming part of the Website.
(i) To do anything which in the opinion of AZoM damages or
could potentially damage the reputation and standing in the community
of AZoM and any Related Parties.
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Without limiting available remedies,
AZoM reserves the right to cancel the participation of any person
who engages in the above breaches. On such cancellation, AZoM may
take any necessary action, including cancellation of any password
and removal of any Content provided by them.
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12. RIGHT TO MODIFY THE SERVICE
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Without notice and without accepting
liability to you in this regard:
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(a) AZoM may modify or discontinue
the Website (or any part), including any associated service (whether
temporarily or permanently); and
(b) AZoM may amend these Terms and Conditions, except in relation
to privacy and security affecting pre-existing Participants, where
such changes are detrimental to those to whom an existing duty of
privacy and security are owed.
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13. PROPERTY RIGHTS OF AZOM AND
OTHERS
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(a) You acknowledge and agree
that the Website contains material that is the intellectual property
of AZoM and others. Without limitation, intellectual property rights
may subsist in parts of the Content, in software, domain names and
trade marks of AZoM and any advertisers and strategic partners.
(b) Unless authorised by the legitimate owner or licensee of
the relevant intellectual property, you agree:
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(i) Not to do any act in breach of the intellectual property
laws of Australia or the jurisdiction where you live, including
without limitation, copy, distribute, or create derivative works
based on the relevant material.
(ii) To indemnify fully AZoM and any related party for any loss
damage or cost incurred in relation to such breach caused by you.
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14. ANY DIRECTIONS ETC FORM PART
OF TERMS AND CONDITIONS
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The Website may, from time to time,
contain directions regarding its use, which also may be modified from
time to time. Any such directions are deemed to form part of these
Terms and Conditions, and any breach thereof shall be considered a
breach of these Terms and Conditions.
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15. REMEDIES
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No remedy conferred by any of the
provisions of these Terms and Conditions is intended to be exclusive
of any other remedy which is otherwise available at law, in equity,
by statute or otherwise. The election of any one or more of such remedies
by any of the parties hereto shall not constitute a waiver by such
party of the right to pursue any other available remedy.
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16. SEVERANCE
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Any provision in these Terms and
Conditions which is invalid or unenforceable in any jurisdiction is
to be read down for the purposes of that jurisdiction, if possible,
so as to be valid and enforceable, and otherwise capable of being
severed to the extent of the invalidity or unenforceability, without
affecting the remaining provisions of these Terms and Conditions or
affecting the validity or enforceability of that provision in any
other jurisdiction.
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17. SURVIVAL OF RIGHTS, DUTIES
AND OBLIGATION
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(a) Termination of these Terms
and Conditions or cessation of participation in the Website by a Participant
shall not release a party from any liability which at the time of
termination has already accrued to another party or which thereafter
may accrue in respect of any act or omission prior to such termination.
(b) Each indemnity in these Terms and Conditions is a continuing
obligation, separate and independent from the other indemnities and
survives termination of these Terms and Conditions or cessation of
participation by a Participant.
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18. ENTIRE AGREEMENT
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(a) These Terms and Conditions
embody the entire understanding and agreement between the parties
as to the subject matter of these Terms and Conditions.
(b) No oral explanation or information provided by any party
or its officer, employee, agent or adviser to another:
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(i) affects the meaning or interpretation of these Terms and
Conditions; or
(ii) constitutes any collateral agreement, warranty or understanding
between any of the parties.
(iii) No waiver of any of the provisions of these Terms and Conditions
by a party shall be effective unless made in writing addressed
to the other parties and duly signed by the party making the waiver.
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19. MUTUAL AGREEMENT
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The parties recognise that it is impracticable
to make provision for every contingency that may arise in the course
of performance of the provisions of these Terms and Conditions and
accordingly declare their intention that these Terms and Conditions
shall operate among them with fairness and covenant and agree with
each other that they shall act reasonably at all times in carrying
out their respective obligations and use all reasonable endeavours
to ensure that full effect be given to the terms of these Terms and
Conditions in the spirit in which it was agreed.
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20. ASSIGNMENT
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These Terms and Conditions shall
be binding on the parties hereto and their respective successors and
assigns.
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21. NO PARTNERSHIP
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Unless otherwise specifically agreed
in writing, nothing in these Terms and Conditions or in your participation
in the Website in any capacity imply any relationship between AZoM
and you other than that of service provider and customer. No relationship
of agency, partnership, joint venture, employment, or franchise shall
be construed.
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22. NOTICE
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Any notice to you or to AZoM shall
be made by either e-mail or regular mail.
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23. FURTHER ASSURANCE
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Each party shall promptly execute
all documents and do all things that any other party from time to
time reasonably requires of it to effect, perfect or complete the
provisions of these Terms and Conditions and any transaction contemplated
by it.
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24. GOVERNING LAW AND JURISDICTION
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This Agreement shall be governed
by and construed in accordance with the laws of New South Wales, and
where Commonwealth jurisdiction applies, the laws of Australia.
The parties irrevocably agree that the courts of New South Wales and
the Australian Commonwealth shall have non-exclusive jurisdiction
to settle any dispute, which may arise out of or in connection with
these Terms and Conditions.
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25. DISPUTE RESOLUTION
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(a) Except for the right of
either party to apply to a court of competent jurisdiction for an
injunction or other provisional remedy to preserve the status quo
or prevent irreparable harm, the parties will endeavour first to resolve
any dispute, controversy or claim arising out of or relating to these
Terms and Conditions among themselves prior to resorting to any other
method.
(b) If the parties are unable to resolve the dispute, controversy
or claim within 30 days, either party may submit such dispute, controversy
or claim to conciliation administered by the Australian Commercial
Disputes Centre Limited (the Centre) conducted and held
in accordance with the conciliation rules of the Centre in force at
the date of these Terms and Conditions.
(c) In the event that the dispute, controversy or claim has
not been resolved within 30 days (or such period as agreed in writing
between the parties) after the appointment of the conciliator by the
parties, the dispute, controversy or claim shall be submitted to arbitration
administered by the Centre conducted and held in accordance with the
rules of the Institute of Arbitrators Australia for the conduct of
commercial arbitrations. Arbitration shall be conducted by a expert
appointed by the Centre. Notwithstanding anything else contained in
these Terms and Conditions the Commercial Arbitration Act 1984 (NSW)
shall apply to any arbitration referred to in this clause.
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26. DEFINITIONS
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(a) 'Content' means all content
of the Website, including articles published on the Website, but excludes
any content on any other website not operated by AZoM to which a hyperlink
my be provided on the Website.
(b) 'Contributor' means any person who submits material for
inclusion as Content on the Website, whether the author or otherwise
of that material.
(c) 'Expert' means any person contactable through the Website
for provision of advisory and related services to Users.
(d) 'Participant' means a Contributor, Expert or User, and
includes a person who may take part in the Website more than one of
these capacities.
(e) 'Related Parties' means in respect of AZoM, its successors
and assigns, its subsidiaries, affiliates, officers, agents, co-branders
or other strategic partners, contractors and employees, and the successors
and assigns of any of them.
(f) 'User' means any member of the public who registers with
AZoM to access Content and to generally operate.
(g) 'Website' means the website operated under the URL 'www.AZoM.com'
or such substitute as AZoM decides from time to time, and includes
any pages of that website.
(h) Reference to a person includes a corporation.
(i) Reference to the singular includes reference to the plural
and vice versa.
(j) Headings are for convenience only and shall not affect
the interpretation of this Agreement.
(k) Where an expression is defined, another part of speech
or grammatical form of that expression has a corresponding meaning.
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27. ACKNOWLEDGE YOU ARE OVER 18
OR IF NOT, HAVE PARENTAL CONSENT
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You acknowledge that as a Participant
either :
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(a) You are 18 years of age
or over, or
(b) You are under 18 years of age but have the permission of
a parent, guardian or other person with parental responsibility for
you to use this Website.
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