Website, Data Systems and Access Terms & Conditions
WEBSITE, DATA SYSTEMS AND ACCESS TERMS AND Co
ALCOLIZER PTY LTD (ACN 008 622 142)
This website is operated and owned by Alcolizer Pty Ltd (ACN 008 622 142) (“Alcolizer).
Access to this website is conditional upon the user and Alcolizer’s customer (“the Customer”) who has acquired Alcolizer’s products paying the relevant license fee and agreeing to the terms and conditions outlined herein as may be amended from time to time (“the Terms”).
The user further warrants and agrees that they have been approved as an authorised user by the Customer and has obtained the Customer’s agreement to the Terms.
Use of the website
By using the website, the user and Customer agree not to:
- use the website in breach of any applicable laws or regulations;
- download material from the website unless they have obtained the consent of the person to which the material relates to the collection, storage and disclosure of Personal Information (as defined in the Privacy Act 1988(Cth)) in accordance with the Privacy Act 1988(Cth) of that person.
use the website (or material obtained from the website):
- to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purposes;
- interfere with, disrupt, or create an undue burden on Alcolizer;
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of Alcolizer or the website;
- use the website with the assistance of any automated scripting tool or software;
- frame or mirror any part of the website without Alcoloizer’s prior written authorisation;
- use code or other devices containing any reference to the website to direct other persons to any other web page;
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so;
- delete any attributions or legal or proprietary notices on the website.
User’s Warranties and Acknowledgments
The user and Customer warrant, acknowledge and agree that:
- they have obtained the consent of the person to which the material or data on the website to the collection, storage and disclosure under the website of the Personal Information (as defined in the Privacy Act 1988 (Cth)) in accordance with the Privacy Act 1988 (Cth);
- they will keep secure, confidential and private all material and data of a person obtained from the website and only use such material and data for analysing test results for the Customer and shall strictly not be used for any other purpose nor disclosed to any other party;
- they will not share their username or password or grant access to any third party to the website;
- Alcolizer may monitor the user’s or Customer’s use and access of the website and if it considers unreasonable access or abnormal activity is occurring, including whether there is excess downloading or multiple accesses from different locations, the user’s and the Customer’s access may be suspended or cancelled at the sole discretion of Alcolizer;
- all material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, Alcolizer provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete;
- all data, information, material, results, drug and alcohol tests and intellectual property rights, including but not limited to copyright in material downloaded from the website remains the ownership of Alcolizer;
- Alcolizer may analyse the user’s or the Customer’s data, information, material results, drug and alcohol tests, including but not limited for the purpose of conducting industry, location and customer benchmarking;
- they shall accept the full costs of any repair, correction, maintenance of any of its computer software and hardware which may be necessary as a consequence of them accessing the website.
The user and Customer acknowledge that Alcolizer is not responsible or liable in any way whatsoever for:
- any financial loss occurring from the use of the website or from any information or advice which is provided to the user or any Customer via email or any other form of contact;
- any virus, spam, contamination, damage or loss as a direct or indirect consequence from the use of the website or email, Facebook, YouTube, Twitter, LinkedIn, or any other social media contact with Alcolizer;
- any difficulty they have in viewing videos or other information on the website;
- any disruption to their ability to access the website, where that inability is due to problems beyond Alcolizer’s control or planned maintenance;
- the accuracy or reliability of any material or data from the website or the content provided on or within third party websites, whether or not that third party website was recommended by Alcolizer;
- any information or material, services, advice provided or supplied by any third party website or link thereto, including personal data or payments or refunds. The user and Customer accept and takes full responsibility for any personal loss or damages arising from any linked or third party website accessed by them;
- their personal information being misused or becoming insecure as a result of Alcolizer’s computer system or database being hacked or compromised;
- their actions, including if they misread or misunderstood information, erroneously or otherwise act on information or fail to comply with the Terms; and
- defamatory, offensive or illegal conduct of any user or Customer whether caused through the negligence of Alcolizer, its employees or independent contractors, or through any other cause.
No Warranties and Limitation of Liability
- Notwithstanding anything contained herein the user and Customer acknowledge that no representation, warranty or condition, express or implied, is given by Alcolizer and its employees, agents or servants about the website or that the website complies with the rules, regulations, laws and legislation of the place where the user or the Customer is located and Alcolizer and its employees, agents or servants will not be liable under any circumstance for any claims, losses or damages of any kind whatsoever (including but not limited to any indirect, special or consequential damage or injury to any person, corporation or other entity) by reason of or arising out of the website or the website not complying with such rules, regulations, laws and legislation or by reason of or arising out of any inaccuracy, error or omission in the website and any other information provided by or to Alcolizer.
Indemnity and Release
- The user and Customer hereby indemnify and hold harmless and shall continue to indemnify and hold harmless Alcolizer against all liabilities, actions, demands, claims, suits, causes of action, proceedings, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by Alcolizer by reason of, arising out of or referable to the use of the website, the release of any material or data from the website to any party or any breach or non performance by the user or Customer of any provision of the Terms and on the part of the user or Customer to be observed and/or performed.
- The user and Customer hereby release and hold harmless Alcolizer and its employees, agents or servants from and against any and all liabilities, actions, claims, suits, causes of action and demands whatsoever that they may now or in the future have against Alcolizer and its employees, agents or servants arising out of or in connection with their use of the website or relying on any material or data on the website and this release may be pleaded as an absolute bar to any such claim against Alcolizer and its employees, agents or servants.
- Alcolizer may terminate access to the website at any time without giving any explanation or justification for the termination of access and Alcolizer has no liability for any costs, loses or damages of any kind arising as a consequence of terminating access to the website.
- If any part of the Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
- The Terms will be governed by and interpreted in accordance with the laws of Western Australia, without giving effect to any principles of conflict of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of the Terms.