1) ACCEPTANCE OF TERMS
1.1) Your access to and use of gettingdownunder.com and any Products/Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Products/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Products/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Products/Services.
1.2) We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Products/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2.1) Services, products and information offered on this site is property of gettingdownunder.com, none of the content of the site can be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent.
You accept that:
2.2.1) We provide assistance and advice in CDR preparation. We don’t prepare CDR for you. CDR preparation is your own work and it is in accordance with Engineers Australia policy.
2.2.2) All articles we provide you during the process of assistance in CDR preparation are only our advice to you on subject of CDR preparation.
2.2.3) Usage any product from this site is entirely at your own risk. We do not guarantee successful skills assessment with Engineers Australia if you purchase any of our products or use our service. We do not have any responsibility on result of your skills assessment.
Competency Demonstration Report (CDR) Samples
You accept that
2.3.1) The Products (CDR samples) on this site are designed to help the user understand what they are and what they do. Purpose of these samples is to be used as a reference for creation of your own CDR.
2.3.2) Usage any product from this site is entirely at your own risk. We do not guarantee successful skills assessment with Engineers Australia if you purchase any of our products or use our service. We do not have any responsibility on result of your skills assessment.
2.3.3) The CDR samples on this site are examples of their kind and may not be suitable for all uses. They should be used as general drafting guides only.
2.3.4) You may not provide any CDR sample for re-sale or re-publish any CDR sample for free use by others.
2.3.5) Your purchase of CDR sample are in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000. Under this regulation there will be no right of refund or cancellation Due to the digital nature of the product. We will however in the interest of goodwill (without obligation), consider each case on a merit bases if the situation arises.
3.1) We are committed to responsible data management and subscribe to the principals of the data protection legislation in Australia. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you and will not share or distribute this information to any third parties.
4) ACCEPTABLE USE
4.1) You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Products/Services you may be exposed to Content that is offensive and/or indecent. gettingdownunder.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Products/Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
4.2) In using the Website/Products/Services you agree not to:
4.2.1) Use the “Contact” to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
4.2.2) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
4.2.3) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
4.2.4) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
4.2.5) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
4.2.6) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
4.2.7) collect or store personal information about others, including email addresses;
4.2.8) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
4.2.9) impersonate any person or entity for the purpose of misleading others;
4.2.10) violate any applicable laws or regulations;
4.2.11) use the Website/Products/Services in any manner that could damage, disable, overburden or impair the Website/Products/Services or interfere with any other party’s use and enjoyment of the Website/Products/Services;
4.2.12) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
4.2.13) attempt to gain unauthorised access to any of the Products/Services, other accounts, computer systems or networks connected to the Website/Products/Services through hacking, password mining or any other means.
4.2.14) You agree to use the Site and the Content solely for your own use and benefit and not for resale or other transfer or disposition to any other person or entity. You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with the business of gettingdownunder.com.
4.3.1) We have no obligation to monitor the Products but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
4.3.2) We reserve the right to post, modify or delete any information submitted to us.
4.3.3) You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Site.
5.1) We have the right to terminate your access to any or all of the Products/Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Products/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Products/Services.
6) LINKS TO THIRD PARTY WEBSITES
6.1) The Website/Products/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that gettingdownunder.com is not responsible for the content or availability of any such sites or contractual agreements you may enter into with them.
7) INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
8) INTELLECTUAL PROPERTY RIGHTS
8.1) The gettingdownunder.com website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
8.2) We do not warrant or assume any legal liability or responsibility for the accuracy, usefulness, or completeness of any article or any products from our gettingdownunder.com. You act on the information at your own risk.
9.1) You agree to indemnify and hold gettingdownunder.com harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against gettingdownunder.com by you and any third party arising out of your use of the Products and Services and/or any Content submitted, posted or transmitted through the Products/Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by gettingdownunder.com in consequence of your breach of these Terms and Conditions.
10) DISCLAIMERS AND LIMITATION OF LIABILITY
10.1) Use of the Website/Products/Services is at your own risk. The Website/Products/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without liability or warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
10.2) To the extent permitted by law, gettingdownunder.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Products/Services.
10.3) gettingdownunder.com makes no warranty that the Website/products/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Products/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Products/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
10.4) Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of gettingdownunder.com for death or personal injury as a result of the negligence of gettingdownunder.com.
10.5) Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12) GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Western Australia and you hereby submit to the exclusive jurisdiction of the Australian courts.