Legal Disclaimer

Disclaimer of liability and warranties

The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by CCIA of goods or services on the Website which cannot be excluded, restricted or modified (Non-excludable Rights). CCIA does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

(a)	all Content is provided without warranties of any kind, either express or implied;
(b)	CCIA makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content;
(c)	CCIA does not warrant or represent that:

(i)	the Content will not cause any damage;
(ii)	the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
(iii)	any defects will be corrected; or
(iv)	that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;

(d)	CCIA does not warrant or make any representation regarding:

(i)	your access to, or the results of your access to, the Website (including any related or linked websites);
(ii)	the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
(iii)	any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;

(e)	you assume the entire cost of any necessary verification of any relevant Content which you wish to have verified; and
(f)	you agree that you use the Website and rely on material contained in the Website at your own risk.

You should make your own inquiries before entering into any transaction on the basis of the Contents. CCIA does not check the accuracy of the Contents and neither CCIA nor any other party providing material displayed on the Website is under any obligation to give notice of any corrections or amendments.

You acknowledge that CCIA is not liable for:

(a)	any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
(b)	the theft, destruction, damage or unauthorised access to your computer system or network.

Under no circumstances (including but not limited to any act or omission on the part of CCIA) will CCIA be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that CCIA does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.

To the fullest extent permitted by law, CCIA’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of CCIA to the following:

(a)	in the case of services supplied or offered by CCIA:

(i)	the supply of the services again; or
(ii)	the payment of the cost of having services supplied again; and

(b)	in the case of goods supplied or offered by CCIA:

(i)	the replacement of the goods or the supply of equivalent goods;
(ii)	the repair of such goods;
(iii)	the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv)	the payment of the cost of having the goods repaired.

Content

Every effort has been made to ensure the accuracy of this publication and all details were correct at the time of publication/upload. All information and facilities indicated on individual entries have been provided by those businesses. Prices and facilities shown are subject to change without notice.

Indemnity

You agree to indemnify CCIA (its respective parents and affiliates and their respective employees and officers) against any loss or damage suffered, or costs incurred, by them in connection with your use of the Website or any breach by you of the Terms of Use or any other legal obligation.

Compliance with laws outside Australia

CCIA makes no representation that the Content or the Website complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

Termination

CCIA may at any time without notice immediately terminate this agreement and your use and access to the Website. In the event of termination, you are no longer authorised to use or access the Website, however, all restrictions imposed on you and all CCIA disclaimers and limitations of liability set out in the Terms of Use survive the termination.

Governing law

This agreement will be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of New South Wales.

Severability

If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.

27 January 2009