Terms of Use
1. About this website
The www.calibreglobal.com.au website is owned and operated by Calibre Global Pty Ltd (“Calibre”) under the domain name calibreglobal.com.au.
Your use of the Content on the calibreglobal.com.au website is governed by these Terms of Use and our Privacy Statement. By using the caibreglobal.com.au website, you agree to be bound by these Terms of Use.
2. Links to other websites
The calibreglobal.com.au website may contain links to third party websites. We do not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.
3. Information available on the calibreglobal.com.au website
The calibreglobal.com.au website provides general information only. Some parts of the calibreglobal.com.au website’s content is provided by third parties or other users of the calibreglobal.com.au website.
While Calibre has taken reasonable steps to ensure the information provided on this website is accurate and up to date, Calibre does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the calibreglobal.com.au website. Users of the calibreglobal.com.au website must rely solely on their own assessments and verification of its contents.
4. Availability of the calibreglobal.com.au website
As electronic services are subject to interruption or breakdown, access to the calibreglobal.com.au website is offered on an “as is” and “as available” basis.
We do not guarantee that access to the calibreglobal.com.au website will function as intended or be uninterrupted.
We do not represent or warrant that the Content on the calibreglobal.com.au website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.
We may withdraw the calibreglobal.com.au website at any time and without notice to you. We may limit or restrict the use you make of the calibreglobal.com.au website.
All Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice.
5. Additional terms
In addition to these Terms of Use, other terms of use or conditions may apply to your use of specific parts of the calibreglobal.com.au website. By using these parts of the calibreglobal.com.au website, you also agree to be bound by these additional terms.
6. Your use of the calibreglobal.com.au website
6.1 No lifting of Content
You must not use any robot, spider, screen scraper, data aggregation tools, deep-link or other automatic or manual process to access, monitor, copy or extract any part of the calibreglobal.com.au website or any Content; or to in any way reproduce or circumvent the navigational structure or presentation of the calibreglobal.com.au website or any Content; or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the calibreglobal.com.au website.
6.2 No hacking
You must not attempt to gain unauthorized access to any part of the calibreglobal.com.au website, or any other systems or networks connected to the calibreglobal.com.au website, or to any Calibre server, or to any of the products or services offered through the calibreglobal.com.au website, by hacking, password “mining” or any other illegitimate means.
You must not probe, scan or test the vulnerability of the calibreglobal.com.au website or any network connected to the calibreglobal.com.au website. You must not breach the security or authentication measures on the calibreglobal.com.au website or any network connected to the calibreglobal.com.au website.
6.3 No interference or overloading
You must not interfere or attempt to interfere with the proper working of the calibreglobal.com.au website or any transaction being conducted on the calibreglobal.com.au website, or with any other person’s use of the calibreglobal.com.au website.
You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the calibreglobal.com.au website or Calibre’s systems or networks, or any systems or networks connected to the calibreglobal.com.au website or to Calibre.
6.4 No unlawful use
You must not use the calibreglobal.com.au website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Calibre or others.
7. Intellectual property rights
7.1 Our Content
All intellectual property rights in the Content is owned or licensed by Calibre.
Calibre grants you a limited, revocable, non-sub licensable licence to view the Content solely for your personal use in connection with using the calibreglobal.com.au website.
Except where necessary for viewing the Content on the calibreglobal.com.au website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without Calibre’s specific prior written consent.
7.2 Proprietary marks
"Calibre", “Calibre Global”, “Calibre Projects”, “Calibre Rail”, “Calibre Instrumentation and Controls” and all associated trade marks, are trade marks of Calibre Global.
You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the calibreglobal.com.au website.
8. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Calibre and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Calibre website, to any material on linked websites, or to your access or use of the Calibre website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
9. Indemnity
You indemnify Calibre in respect of any liability, loss, damage, cost or expense suffered or incurred us arising from or in connection with your breach of these Terms of Use or your use of the calibreglobal.com.au website.
10. Linking to the calibreglobal.com.au website
Please contact Calibre if you would like to place a link to any part of the calibreglobal.com.au website.
11. Acceptance and changes to these Terms of Use
Your use of the calibreglobal.com.au website constitutes your acceptance of these Terms of Use.
These are the current Terms of Use. They replace any other terms of use for the calibreglobal.com.au website published on the calibreglobal.com.au website to date.
Calibre may at any time vary the Terms of Use by publishing the varied Terms of Use on the calibreglobal.com.au website, and posting a notice of the change on the calibreglobal.com.au website homepage. The new Terms of Use will apply to your use of the calibreglobal.com.au website after the date that we post the change on the calibreglobal.com.au website.
If you do not agree with the change, then you must not continue to use the calibreglobal.com.au website.
We may at any time vary the Terms of Use by publishing the varied Terms of Use on the calibreglobal.com.au website. You accept that by doing this, we have provided you with sufficient notice of the variation.
12. Jurisdiction
The law applicable to the calibreglobal.com.au website and to disputes arising from or in connection with the calibreglobal.com.au website is the law of the State of Western Australia, Australia.
You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.
13. Definitions
The meanings of the terms used in this document are set out below:
Calibre Global, Calibre, our, us or we means Calibre Global Pty Ltd (ABN 44 100 255 623) and all its business units, Calibre Operations Pty Ltd (ACN 150 624 356) and all its business units, Xstract Mining Consultants Pty Ltd (ACN 129 791 279), Minerva Engineers Pty Ltd (ACN 116 648 527).
Content means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of the calibreglobal.com.au website.
Terms of Use means these Website Terms of Use.
you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.