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Website Terms and Conditions
Reference anywhere on this Website (the "Site") to "SNC-Lavalin" means, as the specific context may require, either SNC-Lavalin Australia Pty Ltd and all, or one or more, of its affiliated companies, subsidiaries or divisions or branches, or SNC-Lavalin Group Inc. and all, or one or more, of its affiliated companies, subsidiaries, divisions or branches.
Last modification: June 30, 2011
Terms of Use and Legal Restrictions
ATTENTION: YOUR ACCESS TO THIS SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THEY CONTAIN DISCLAIMERS OF WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES AND ENDORSEMENTS; EXCLUSIONS AND LIMITATIONS OF LIABILITY; WAIVERS OF RIGHTS AND ACCEPTANCE OF RISKS IN RELATION TO ACCESS TO AND USE OF THIS SITE AND THE INFORMATION IT CONTAINS. BY ACCESSING AND USING THIS SITE, SUBMITTING ANY CONTENT TO THIS SITE OR DOWNLOADING ANY CONTENT FROM THIS SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THEM AND BY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE, SUBMIT ANY CONTENT TO THIS SITE OR DOWNLOAD ANY CONTENT FROM THIS SITE.
Ownership and Monitoring
The Site is owned by SNC-Lavalin. To the extent permitted by applicable law, SNC-Lavalin may monitor access to, use of and other activities relating to the Site, and may intervene in relation thereto but does not make any representation or warranty that it will do so. You hereby consent to any such monitoring and intervention subject to applicable law.
Disclaimer of Warranties
The materials on this Site, which may include the underlying HTML, text, images, audio clips, video clips, software and other materials (the "Content"), are provided by SNC-Lavalin for informational purposes only. SNC-Lavalin intends the Content on the Site to be accurate and current. Nevertheless, since the Content has been compiled by SNC-Lavalin from a variety of sources, it is provided to you "as is" and "as available", without warranties of any kind. This Site may contain typographical errors and certain inaccuracies. Any consequence of any decision you make based on any part of the Content is your sole responsibility.
SNC-LAVALIN ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE, TRADE USAGE OR OTHERWISE, WITH RESPECT TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, TITLE, USEFULNESS, COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY, RELIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNC-LAVALIN DOES NOT GIVE OR MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS TO THE EFFECT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; OR THAT ANY SUCH PROBLEMS THAT ARE DISCOVERED WILL BE CORRECTED. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR THE REPLACEMENT OF EQUIPMENT OR DATA, SNC-LAVALIN IS NOT RESPONSIBLE FOR SUCH COSTS.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms and Conditions. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions that are not permitted do not apply and liability under any such condition or warranty which cannot legally be excluded is limited, in the discretion of SNC-Lavalin, to: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, supplying the services again, or paying the cost of having the services supplied again.
Links
Links available on the Site (the "Links") will allow you to link to Websites not maintained or controlled by SNC-Lavalin, including sites of SNC-Lavalin's affiliated companies. SNC-Lavalin provides these links for your convenience, and is not responsible for the contents of any linked site. Using such Links is at your own risk. SNC-Lavalin cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for any particular purpose of any information available through the Links, and makes no representation or endorsement whatsoever about any other Website, which you may choose to access through the Site. Although SNC-Lavalin uses all reasonable efforts to ensure that all software provided on this Site is suitable for use on a wide variety of computer systems, it is your responsibility to take all reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of any such software with your specific computer system.
Exclusion of Liabilities
IN NO EVENT SHALL SNC-LAVALIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR OR OBLIGATED TO PAY ANY CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF ANTICIPATED REVENUE, PRODUCT OR CONTRACT, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THIS SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, OR WITH ANY USE OF ANY CONTENT AVAILABLE OR REFERRED TO ON THIS SITE OR OF ANY MATERIALS ON ANY OTHER SITE THAT YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole and exclusive remedy is to discontinue using and accessing this Site.
The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if SNC-Lavalin has been advised of the possibility of such claims, losses, costs or damages. Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, SNC-Lavalin's liability in such jurisdictions shall be limited to the extent permitted by law.
Use of the Site
You hereby agree not to introduce into or through this Site any information or material that may be harmful to others. You agree not to include, knowingly or otherwise, any error or defect in information that may, among other things, constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity. You hereby warrant that information or material that you provide to SNC-Lavalin electronically through your access to or use of this Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you may not:
(a) post, upload, publish, reproduce, transmit or otherwise distribute any part of the Content on this Site:
(i) in any manner that would constitute a criminal offence or give rise to civil liability or encourage conduct that would constitute a criminal offence or give rise to civil liability; or
(ii) which is protected by copyright, any other intellectual property right without obtaining the prior written permission of the holder of the right;
or
(b) otherwise use this Site in a manner that is contrary to law or that would adversely impact use of the Site or the Internet by other users, including posting or transmitting information or software containing viruses or other disruptive components, or sending unsolicited electronic mail.
At SNC-Lavalin's sole discretion, SNC-Lavalin may terminate or refuse to permit the use of this Site by any person or entity, for any reason and without notice. SNC-Lavalin may investigate any occurrence of any of the above-mentioned violations and may involve and cooperate with law enforcement authorities in prosecuting any user involved in any such violation.
Privacy Policy
Your use of this Site is conditional upon your acceptance of the Privacy Policy of SNC-Lavalin, as updated from time to time, which is available at http://snclavalin.com.au/privacy.html (the “Privacy Policy”).
Forward-Looking Statements
Certain statements made on the Site, which describe SNC-Lavalin's intentions, expectations or predictions, are forward-looking and are subject to certain risks, uncertainties and therefore a number of factors that could cause the results or events predicted in these statements to differ materially from current expectations and from actual results or events. SNC-Lavalin disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Copyright
SNC-Lavalin either owns the intellectual property rights in the Content that is made available to you on this Site, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this Site. Except as provided in these Terms and Conditions, SNC-Lavalin prohibits the redistribution or copying of any Content on this Site without its express written permission. SNC-Lavalin hereby authorizes you to display on your computer, download and print pages of this Site, subject to the following provisions: (i) the copyright notice appears on all such printouts; (ii) the information will not be altered in any manner; and (iii) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
Trademarks
The trademarks, logos and service marks displayed on this Site (collectively the "Trademarks") are registered and unregistered trademarks of SNC-Lavalin and of others. Nothing contained on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express prior written permission of SNC-Lavalin or such third party as may own any Trademark. Your misuse of any Trademark or any other Content on this Site is strictly prohibited. Not all of the logos, trademarks or trade names of SNC-Lavalin are necessarily used on this Site. The absence of any logo, trademark or trade name of SNC-Lavalin from this Site does not constitute a waiver of any intellectual property rights of SNC-Lavalin regarding any such logo, trademark or trade name.
Software
Except for software expressly identified as being owned by SNC-Lavalin, any software available for downloading through this Site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. SNC-Lavalin does not sell, resell, license or sub-license any such software on the Site, and SNC-Lavalin disclaims any responsibility or liability related to the software to the extent permitted by applicable law. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through this Site. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the terms contained herein shall prevail.
Indemnity
You agree at all times to defend, indemnify and hold harmless SNC-Lavalin and its directors, officers, employees, agents and representatives from any and all claims, demands, causes of action, liabilities, costs and expenses, including reasonable attorneys' fees, sustained, incurred or paid by SNC-Lavalin related to or arising out of (a) any violation of these Terms and Conditions by you or by any user of your account, (b) an act or omission or your negligence resulting from use of the Internet or access to any website, including this Site, by you or by any user of your account or (c) the placement or transmission of any information or other materials on this Site by you or any user of your account.
User Submissions Not Privileged / Article Submissions
Any comments, material, information or other communication you transmit or post to this Site ("Submission") shall be considered non-confidential and non-proprietary. SNC-Lavalin shall have no obligations with respect to your Submissions. SNC-Lavalin, its employees, agents and representatives shall be free to copy, disclose, distribute, incorporate and otherwise use your Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. SNC-Lavalin reserves the right to edit, re-purpose or re-publish any article submitted to SNC-Lavalin in any medium for any reason with proper credit to the author. For the purposes of these Terms and Conditions, "proper credit" means the author's name and, where possible, a link to the author's Website and/or electronic mail address, when such information has been included in the Submission. You represent and warrant that: (a) you are over the age of 18 and have the right and authority to enter into these Terms and Conditions; and (b) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licences to them, to permit SNC-Lavalin to exercise these rights, including without limitation procuring that each owner of moral rights under the Copyright Act 1968 (Cth) in relation to any part of the Submission (the “Author”), to the extent permitted by applicable law, irrevocably and in a legally binding manner consents to acts or omissions of SNC-Lavalin in relation to such Submission which might otherwise infringe the Author’s moral rights under the Copyright Act 1968 (Cth). The publication of any articles submitted to SNC-Lavalin is solely at the discretion of SNC-Lavalin. If any Submission comprises “personal information” or “sensitive information”, as defined under the Privacy Act 1988 (Cth), the provisions of the Privacy Policy are applicable and, to the extent that they are inconsistent with the provisions of this section of these Terms and Conditions, the provisions of the Privacy Policy will prevail.
No Business Relationship Created by Your Use
You agree that no joint venture, partnership, employment or agency relationship exists between you and SNC-Lavalin as a result of your use of this Site.
Territory
SNC-Lavalin operates and controls this Site from its offices located in Australia. SNC-Lavalin makes no representation that the Content is appropriate or available for use in any other locations. If you choose to access this Site from outside of Australia you do so through your own initiative and you are responsible for compliance with local, national and international laws, if and to the extent that such laws are applicable.
Governing Law and Competent Jurisdiction
Your use of this Site and any downloads from this Site, and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Western Australia, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the Site, including these Terms and Conditions, shall be submitted to and be subject to the jurisdiction of the courts of the State of Western Australia . By accessing and using this Site, you submit and attorn to the exclusive jurisdiction of the courts of the State of Western Australia to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, including these Terms and Conditions.
Changes to Content
SNC-Lavalin reserves the right to delete, modify or supplement any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice to anyone.
Changes to Terms and Conditions
SNC-Lavalin may modify, alter or otherwise update the Terms and Conditions applicable to this Site from time to time, without notice, by updating this posting. The date of the last modification will appear at the top hereof. You agree to review the Terms and Conditions each time you access and use this Site and to be bound by such Terms and Conditions as are in effect at the time when you access this Site. Your access and use of this Site constitutes irrefutable proof of your consent to be bound by these Terms and Conditions.
Reserve of Rights
All rights not expressly granted in these Terms and Conditions are reserved to SNC-Lavalin. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of the SNC-Lavalin or any other person or entity.
Survival
These Terms and Conditions apply while you are accessing the Site and remain in effect thereafter, subject to any changes referred to in the previous paragraph.
Miscellaneous
These Terms and Conditions and any other documents referenced herein constitute the entire agreement between SNC-Lavalin and you with respect to your use of this Site. SNC-Lavalin's failure to insist upon or enforce strict performance of any of the Terms and Conditions shall not be construed as a waiver of any of such Terms and Conditions. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. SNC-Lavalin and you are deemed to have agreed that these Terms and Conditions and all related documents be drafted in English only.