Terms & Conditions
The user of this website ("You/Your")
Your use of this website is subject to these legally binding terms and conditions.
Please read them carefully before proceeding with entering the website. If you do not accept these terms and conditions, You must exit this website immediately.
1. Website Terms and Conditions
a) The Website is for the purpose of enabling user’s access to Kimberley Marine Research Station range of products. The Website is owned and operated by Kimberley Marine Research Station. This Agreement supersedes all prior agreements and may be revised by Kimberley Marine Research Station from time to time.
2. Your use of the Website
a) You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
b) You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Kimberley Marine Research Station’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3. Services provided on the Website
a) Kimberley Marine Research Station reserves the right to add, modify or discontinue any of the services and products offered on the Website at any time without notice. Kimberley Marine Research Station will not be held liable for any decision to modify or discontinue a service or product.
4. Future changes
a) From time to time, this Agreement will be reviewed and may be revised. Kimberley Marine Research Station reserves the right to change this Agreement at any time. Any such changes will be posted on the Website.
b) Your continued use of the Website will constitute your acceptance of the variation of the Agreement.
5. Website availability
a) From time to time down-time, either scheduled or unscheduled, may occur. Kimberley Marine Research Station will work within reason to ensure this amount of down-time is limited.
b) Kimberley Marine Research Station will not be held liable for the consequences of any down-time.
6. Intellectual Property
a) Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
b) Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Kimberley Marine Research Station or by other parties that have licensed their material to Kimberley Marine Research Station.
c) Kimberley Marine Research Station’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Kimberley Marine Research Station.
d) All rights not expressly granted are reserved.
e) This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Kimberley Marine Research Station’s direct control and Kimberley Marine Research Station accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Kimberley Marine Research Station is entitled to require you to remove any link from another website to this Website which you install without obtaining Kimberley Marine Research Station’s prior written consent.
7. Limitation of Liability
1. To the maximum extent permitted by law, Kimberley Marine Research Station does not give any warranty in relation to the content, accuracy, or any other aspect of:
a. any material on the Website; or
b. the performance of the Website.
2. To the maximum extent permitted by law, Kimberley Marine Research Station excludes all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that You may suffer as a result of the use or reliance on any information on the Website;
a. accessing or using the Website; or
b. any interruption, suspension or termination of the Website for whatever reason.
Kimberley Marine Research Station’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Kimberley Marine Research Station has been notified of the possibility of such loss or damage.
You agree that Kimberley Marine Research Station’s liability to You at law will be reduced by the extent, if any, to which You contributed to the loss.
Kimberley Marine Research Station will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Kimberley Marine Research Station’s reasonable control.
Kimberley Marine Research Station reserves the right to cease providing services at any time.
Kimberley Marine Research Station shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
These terms and conditions will be governed by and construed in accordance with the laws of the state of Western Australia, Australia.
"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
"Kimberley Marine Research Station" means Kimberley Marine Research Station trading as Cygnet Bay Sales Pty Ltd.
"Website" means internet website with the URL’s of http://www.kimberleymarineresearchstation.com.au.
"You" means the user of the Website (and "Your" has the corresponding meaning).