Disclaimer, Terms & Conditions Liability
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products displayed through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any right given to you to obtain information or documents is not transferable and may only be used by you.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
Use of Information
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to Other Web Sites
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Venue; Applicable Law
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF AUSTRALIA, Brisbane. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT “Brisbane, QUEENSLAND OR THE DISTRICT OF AUSTRALIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by “BreatheSafe”, a wholey owned will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
Verify Contact / Enquirers Address
BreatheSafe reserves the right to contact an enquirer via email to verify the accuracy of information (including the enquirers correct name and address) that is needed to provide the enquirer with the information he or she requested from BreatheSafe.
By purchasing a real-time dust sampling device through BreatheSafe, the customer agrees to be bound by these terms and conditions.
A real-time sampling device may be used in conjunction with gravimetric sampling to asses compliance to exposure limits however a real-time sampling is an indicative measure only and it cannot be relied upon.
BreatheSafe is not liable to the customer, its dependants, employees, legal representatives or other persons who may use the products sold by BreatheSafe for any personal injury or death suffered by the said person due to airborne disease, or other hazard that the product is designed to detect, even in circumstances where product was not supplied with due care and skill or was not reasonably fit for their purpose or because of the negligence, breach of contract, statute or statutory duty by BreatheSafe.
BreatheSafe shall, to the maximum extent permitted by law, not be liable for any loss, damage or injury of any nature of the purchaser or any user of the product.
The customer acknowledges and agrees that:
- BreatheSafe’s products cannot be relied upon solely to provide a clean and safe environment (or whatever the case may be in which the product is designed to do) as the products are designed to detect issues (they do not prevent);
- Upon an issue being detected by a BreatheSafe product (or as the case may be), the customer (or its agents or otherwise) bear the onus in taking steps to address the issue as the BreatheSafe product is used only as a point of reference to detect a hazard, and cannot be relied upon to provide a safe working environment or address any health issues an environment may pose to human beings which the customer purchased the product for;
- Any Breathsafe employee or agent that inspects, fixes or uses a BreatheSafe product for the purposes of servicing or inspecting, cannot be held liable for personal injury or death of a person relying on the BreatheSafe product as a means of detecting a hazard.
The customer acknowledges that the BreatheSafe products may be used in environments that may or do pose risks and hazards (both foreseen and unforeseen) to human beings, and as a consequence personal injury and death can occur, and as such, the customer (and its related entities, employees, agents and any related/associated parties) agrees that they bear, accept and assume liability for all such risks and hereby waives the right to sue BreatheSafe (or join BreatheSafe to a proceeding as the case may be), for any personal injury or death in any way whatsoever caused by or related to an airborne hazard in which the Breathsafe product was designed to detect.
All BreatheSafe customers must use the product in strict compliance with the written manuals, guides and directions (both verbal and written) given from BreatheSafe to the customer at the time of purchase and on-going that relate strictly to the product. This includes recommended servicing guidelines produced and advised by BreatheSafe at any time. Any non-compliance with this clause will result in a void in the warranty, and Breathsafe may plead this clause as a bar to any claim, proceeding or written request/demand from the customer to address any issues, defects or otherwise with the product that may arise. BreatheSafe reserves the right to ignore any further communications, purchase requests or otherwise from the customer in the event of non-compliance given the safety risks that can be posed in the hazardous environments that the BreatheSafe product may be designed to operate in. The customer agrees that this clause is reasonable in all respects given the hazardous environments that the BreatheSafe products may operate in.
BreatheSafe and the customer irrevocably agree that the courts of Queensland, Australia shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with these terms and conditions or its formation or validity and, for these purposes, both BreatheSafe and the customer irrevocably submits to the jurisdiction of the courts of Queensland.
These terms and conditions shall be governed by and construed firstly in accordance with the laws of the State of Queensland (the courts of which shall have exclusive jurisdiction pursuant to Clause 8) and then in accordance with the laws of the Commonwealth of Australia. If any of these terms and conditions should be determined to be void, invalid or otherwise unenforceable, such conditions shall be deemed deleted and the remaining terms and conditions shall remain and continue to be valid, binding and enforceable.