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Terms and Conditions

INTRODUCTION

The Terms of Use will govern your use of this website, including all pages within this website (DNG Geotechnics + Environments Website). The Terms of Use of the DNG Geotechnics + Environments Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the DNG Geotechnics + Environments Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the DNG Geotechnics + Environments Website.

By using the DNG Geotechnics + Environments Website, you acknowledge and agree to all the Terms of Use. You must not use the DNG Geotechnics + Environments Website, if you do not agree, or have any objection, to any of the Terms of Use.

WEBSITE ACCESS

DNG Geotechnics + Environments does not guarantee that access to the DNG Geotechnics + Environments Website will be uninterrupted or that the DNG Geotechnics + Environments Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the DNG Geotechnics + Environments Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.

Certain areas of the DNG Geotechnics + Environments Website may be restricted from access by you and DNG Geotechnics + Environments may further restrict your access to any areas of the DNG Geotechnics + Environments Website, at any time, in its sole and absolute discretion.

LIMITATION OF LIABILITY

The DNG Geotechnics + Environments Website is provided “as is,” and DNG Geotechnics + Environments makes no express or implied representations or warranties, of any kind related to the DNG Geotechnics + Environments Website or its content. DNG Geotechnics + Environments does not warrant the accuracy, reliability, adequacy or completeness of any of the DNG Geotechnics + Environments Website content. You acknowledge and accept that the DNG Geotechnics + Environments Website content may include faults, inaccuracies and errors.

Nothing contained on the DNG Geotechnics + Environments Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the DNG Geotechnics + Environments Website you wish to rely upon.

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), DNG Geotechnics + Environments excludes all liability for, and neither DNG Geotechnics + Environments nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:

  • your use of, or reliance on, the DNG Geotechnics + Environments Website or its content; or
  • the performance or failure of the DNG Geotechnics + Environments Website.

You hereby indemnify DNG Geotechnics + Environments from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the DNG Geotechnics + Environments Website, its content or breach of any of the provisions of the Terms of Use.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then DNG Geotechnics + Environments’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:

  • in the case of goods:
    • replacement of the goods or the supply of equivalent goods;
    • repair of the goods or payment of the cost of having the goods repaired; or
    • payment of the cost of replacing the goods or acquiring equivalent goods.
  • in the case of services:
    • resupplying the services; or
    • payment of the cost of having the services supplied again.

INTELLECTUAL PROPERTY

The content on the DNG Geotechnics + Environments Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of DNG Geotechnics + Environments or have been made available for use by DNG Geotechnics + Environments and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:

  • copy, reproduce, perform, adapt, modify or translate the Content; or
  • retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,

without the express prior written consent of DNG Geotechnics + Environments. Alternatively, you should direct the third party to the DNG Geotechnics + Environments Website and the relevant Content on the DNG Geotechnics + Environments Website.

DNG Geotechnics + Environments does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the DNG Geotechnics + Environments Website except as granted in these Terms of Use or as expressly granted by DNG Geotechnics + Environments in writing.

SUBMISSIONS

Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the DNG Geotechnics + Environments Website (Your Content) will be deemed to be non-confidential and non-proprietary. DNG Geotechnics + Environments will be entitled to use any of Your Content for any purpose without compensation to you.

Your Content must be your own and must not infringe any third party’s rights. You grant DNG Geotechnics + Environments a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the DNG Geotechnics + Environments Website.

THIRD PARTY WEBSITES

The DNG Geotechnics + Environments Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, DNG Geotechnics + Environments does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. DNG Geotechnics + Environments does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.

LINKS TO DNG Geotechnics + Environments WEBSITE

If you wish to establish a link to this website, you must first seek approval from DNG Geotechnics + Environments. Please email DNG Geotechnics + Environments with your request at contactus@dngeotechnical.com. You must not establish a link to the DNG Geotechnics + Environments website without DNG Geotechnics + Environments’s express written approval.

If DNG Geotechnics + Environments agrees to your proposed link, you must comply with any terms and conditions imposed by DNG Geotechnics + Environments as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact DNG Geotechnics + Environments and provide a new description of your website and seek DNG Geotechnics + Environments’s written approval to retain the link to the DNG Geotechnics + Environments Website.

DNG Geotechnics + Environments may at any time withdraw its approval to your link by notifying you in writing. If DNG Geotechnics + Environments notifies you that its approval has been withdrawn you must immediately remove the link to the DNG Geotechnics + Environments Website.

INTERFERENCE WITH WEBSITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the DNG Geotechnics + Environments Website or any of its Content or Brands.

You must not:

  • use the DNG Geotechnics + Environments Website in any way that is, or may be, damaging to the DNG Geotechnics + Environments Website or to DNG Geotechnics + Environments or in a way that causes, or may cause, harm to DNG Geotechnics + Environments, the DNG Geotechnics + Environments Website or to any person or entity;
  • use the DNG Geotechnics + Environments Website in any way that impacts with user access to the DNG Geotechnics + Environments Website;
  • use the DNG Geotechnics + Environments Website contrary to applicable laws or regulations;
  • engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the DNG Geotechnics + Environments Website or its Content or while using the DNG Geotechnics + Environments Website or its Content; or
  • use the DNG Geotechnics + Environments Website to engage in any advertising or marketing.

JURISDICTION

These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.

VARIATION OF TERMS

DNG Geotechnics + Environments is permitted to revise these Terms of Use at any time as it sees fit, and by using the DNG Geotechnics + Environments Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the DNG Geotechnics + Environments Website.

ASSIGNMENT

DNG Geotechnics + Environments may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.