Knowledge Base Terms & Conditions

This Knowledge Base is owned and managed by Deswik Mining Consultants (Australia) Pty Ltd ACN 130 036 832 ('our', 'us' or 'we'). These Terms & Conditions apply in relation to your use of our Knowledge Base and by accepting these terms you agree to be legally bound by these Terms & Conditions.

Rights of Use
1. We grant you a limited, revocable licence to access and use the Knowledge Base and its content in accordance with these Terms and Conditions.
2. Subject to the confidentiality obligations in clause 5, you may display, print or download content from the Knowledge Base for the purposes of information and any purposes expressly permitted under Deswik’s End User Licence Agreement (EULA) or under any other agreement we have entered into with you.
3. You cannot use our Knowledge Base or any part of it for any Commercial Use or for any public display (commercial or non-commercial) other than as permitted under the EULA or under any other agreement we have entered into with you.
Your Account
1. You must ensure that you keep the login details we provide to you for your Client Account secure and do not provide your login details to any other person.
2. You are responsible for any and all actions taken using your account and password, and you agree to immediately notify us of any unauthorized use of which you become aware.
3. We take no responsibility for unauthorised access to your information or files on the Knowledge Base where you have breached this clause 2 and you indemnify us in accordance with clause 10.2 for such a breach.
Your use of the Knowledge Base
1. You must not use the Knowledge Base for any purpose or in any way which is unlawful. If you access this Knowledge Base you do so on your own initiative and at your sole risk. You are responsible for compliance with applicable laws.
2. You must not do anything which alters the Knowledge Base, or interferes with or affects its working other than as intended or as agreed by us in writing. This includes removing anything from it, adding anything to it, linking it to or from another website.
3. In using our Knowledge Base, you must not use or launch any automated system including (without limitation) any offline readers, spiders or robots that access our Knowledge Base in a way that:
  1. sends a larger number of request messages to our servers or to other users of our Knowledge Base than can reasonably be produced by a human in the same period using a conventional on-line web browser;
  2. sends spam to any other user;
  3. annoys or harasses any other user;
  4. collects or harvests any personally identifiable information;
  5. stores, permanently downloads or redistributes content from our Knowledge Base other than as intended or as specifically agreed by us in writing;
  6. circumvents, disables or otherwise interferes with any security-related features of the Knowledge Base or contains features that prevent, limit or restrict use or copying of any content from our Knowledge Base;
  7. attempts to decompile or reverse engineer any software contained on the Knowledge Base; or
  8. transfers the materials to another person or 'mirror' the materials on any other server
4. We reserve the right to moderate or delete comments or posts, or remove commenting functionality on any post on this site, in our absolute discretion.
5. Where users collaborate with one another as a result of use of the Knowledge Base or the discussion groups, they do so as independent parties. You acknowledge that we are not in any way a party to such collaboration nor liable nor responsible in any way for the dealings of that collaboration or the parties to the collaboration.
Intellectual Property Rights
1. We own or are licensed to use the Intellectual Property Rights in the Knowledge Base, including the software coding and layout.
2. Any software, our Confidential Information and other Protected Material provided or made available to you via the Knowledge Base by us is either owned or licensed by us. We hold or licence all Intellectual Property Rights in such software, Confidential Information and other Protected Material.
3. We use best endeavours to properly attribute the owner of any third party materials appearing on this site. If you believe your materials have been used without proper attribution, or you want us to cease using any of your materials, please contact us.
4. You acknowledge and agree that any Intellectual Property Rights arising from the further development of our software, the development of software on your behalf or our Confidential Information are owned by us.
5. No title in our Knowledge Base, software, Confidential Information and other Protected Material transfers to you and you obtain no rights, express or implied, other than those specifically granted in these Terms and Conditions.
6. No part of our Knowledge Base, software, Confidential Information and other Protected Material provided or made available to you via the Knowledge Base by us, may be reproduced, stored, transmitted or provided to any third party without our written permission.
7. You warrant that any data or information provided, made available or uploaded by you via the Knowledge Base does not breach any third party Intellectual Property Rights and is not used in breach of other laws or obligations on you.
Confidential Information
1. You acknowledge that:
  1. Confidential Information is a valuable asset which must be retained in confidence and withhold from disclosure and availability to others;
  2. use of the Knowledge Base will give rise to circumstances where either you or us, (Disclosing Party, as applicable) may need to disclose to the other party (Recipient) information of a confidential and proprietary nature which the Disclosing Party wishes to remain confidential.
2. Subject to the exceptions in these Terms regarding general security of the Knowledge Base, the Recipient will ensure that the Confidential Information and all documents and materials which contain or record the Confidential Information are stored safely and securely.
3. The Recipient will:
  1. keep the Confidential Information in strict confidence;
  2. not disclose or allow the Confidential Information to be disclosed to any person without the prior written consent of the Disclosing Party;
  3. not use or allow the Confidential Information (or any part of it) to be used except for the Permitted Purpose and will not make any use of the Confidential Information or any part of it to the disadvantage or detriment of the Disclosing Party;
  4. not without the prior written consent of the Disclosing Party, copy or duplicate or make any notes or memoranda relating to the Confidential Information or any part of it except for the Permitted Purpose.
4. The above clause 5.3 does not apply to information:
  1. after it becomes generally available to the public, other than because of a breach of these provisions; or
  2. which the Recipient receives from a third person legally entitled to possess the information and to disclose it to the Recipient.
  3. which was in the Recipient’s possession before the date it was acquired from the Disclosing Party, as evidenced by written records.
5. Upon termination of your Client Account or cessation of the Knowledge Base, unless otherwise agreed between the parties in writing:
  1. you must cease to use our Confidential Information (or any part of it) provided to you by us for the Permitted Purpose and upon our request, immediately return all materials and documents which contain, record or relate to that Confidential Information; and
  2. we will cease all use of your Confidential Information (or any part of it) provided by you to us for the Permitted Purpose, except to the extent that information is required in order to comply with law, regulation or archival purposes, and will destroy all materials uploaded into your Client Account (other than that Confidential Information which is in a folder connected or linked with a Business Unit Account which continues in effect).
6. The obligations under this clause 5 will survive notwithstanding any termination of your Client Account or cessation of the Knowledge Base, unless or until the Confidential Information is lawfully made public.
Privacy Policy
1. Use of the Knowledge Base is subject to our Privacy Policy. For further information about how we collect, hold and use your personal information, refer to our Privacy Policy or contact our Privacy Officer.
Security
1. We implement and maintain physical, technical and administrative security measures designed to protect data from unauthorized access, destruction, use, modification, or disclosure, and use SSL certificates to encrypt the exchange of data.
2. We may (but are not obliged to) monitor or remove any Prohibited Content on the Knowledge Base at any time and at our sole discretion.
3. We reserve the right to suspend, terminate or otherwise deal with your access to the Knowledge Base at any time, without notice to you, including in the event of a breach of these Terms & Conditions or a breach of the EULA by you.
4. Nothing in this clause 7 is to be interpreted as our accepting any liability and to the maximum extent permitted by law we disclaim any and all responsibility to you.
Disclaimers
1. While we invest in security measures to protect our Knowledge Base and the integrity of anything you download or upload to our Knowledge Base, given the nature of the internet we do not represent or warrant that:
  1. you will have uninterrupted or error-free access to or use of the Knowledge Base by any method;
  2. any loss or damage will not occur as a result of your access to and use of our Knowledge Base or any information on our Knowledge Base or accessed from our Knowledge Base;
  3. the Knowledge Base or any files available for downloading will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through our Knowledge Base by any third party;
  4. the content of the Knowledge Base is accurate, complete or, to the extent permitted at law, suitable for a particular purpose. You must rely on your own judgment;
  5. there will not be any unauthorised access to or use of our secure servers which may result in your personal or financial information being accessed;
  6. your internet or mobile service provider will allow you access to the Knowledge Base; or
  7. your computer, mobile or other hardware devices will allow you access to the Knowledge Base.
2. We make no representation that the information and services available through the Knowledge Base are appropriate for use in other locations or that they comply with any legal or regulatory requirements of such other locations. If you choose to access our Knowledge Base you do so at your own risk and on your own initiative and are responsible for compliance with local laws, to the extent those local laws are applicable.
3. To the maximum extent permitted by law, we, and our Affiliates disclaim all warranties, express or implied, and any and all liability in respect of your access to and use of our Knowledge Base and any loss or damage suffered or incurred by a person for any reason including (without limitation):
  1. using or relying on any of the information provided in or obtained through our Knowledge Base;
  2. its useability, inability to use the Knowledge Base or the services offered through it
  3. any of the matters referred to in clauses 2, 3, 4.6, and 7.
4. We are not liable, and each of our Affiliates is not liable, for any direct, indirect, incidental, special, punitive or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, death, personal injury or any loss, damage or expense) you incur or suffer that arises out of your access to, use of or reliance on our Knowledge Base or our services or any of the content of our Knowledge Base or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.
Indemnity
1. Our Knowledge Base is provided on an 'as is' and 'as available' basis for information purposes only.
2. You continually indemnify us and our Affiliates against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:
  1. your use of and access to our Knowledge Base;
  2. a breach of these Terms & Conditions;
  3. a wilful, unlawful or negligent act or omission by you;
  4. your violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws; or
  5. a claim that you caused damage to a third party.
Miscellaneous
1. You may not transfer or assign these Terms & Conditions or any rights or licences granted under these Terms & Conditions. We may transfer or assign these Terms & Conditions and your account without restriction or notification.
2. We reserve the right to vary these Terms & Conditions from time to time. The latest Terms & Conditions will be made freely available to users on our Knowledge Base. You agree to be bound by the varied Terms & Conditions by continuing to access our Knowledge Base.
3. The fact that we fail to do, or delay in doing, something we are entitled to do under these Terms & Conditions, does not amount to a waiver of any obligation of, or breach of obligation by you. A waiver by us is only effective if it is expressly given in writing.
4. If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of these Terms & Conditions are not affected.
5. These terms of use will be governed by the laws of the state of Queensland, Australia and you agree to submit to the exclusive jurisdiction of the state of Queensland.
Definitions
- 'Affiliates' means our officers, employees and other personnel, agents, contractors, partners, principals, licensors, service providers and members.
- ‘Client Account’ means the account we create for you to access and use the Knowledge Base.
- 'Commercial Use' includes (without limitation):
  1. a. sale of access to our Knowledge Base or our services by way of another website;
  2. b. using our Knowledge Base or our services for the purposes of selling goods or services or for advertising goods or services or for obtaining subscription revenue other than as expressly permitted by our Knowledge Base;
  3. c. any use of our Knowledge Base or our services for the purpose of competing with or displacing our Knowledge Base or services; or
  4. d. soliciting any users of our Knowledge Base for any commercial purpose other than as intended.
- ‘Confidential Information’ means know-how, ideas, information, concepts, formulations, documents, manuals, literature, materials, artwork, designs, financial and business information and marketing strategies and any Intellectual Property Rights, which are confidential and proprietary to the Disclosing Party and which are disclosed by the Disclosing Party to the Recipient, whether disclosed orally, visually, in writing or in document form.
- ‘EULA’ means the software end use licence agreement entered into between us and you.
- 'Intellectual Property Rights' means copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses, rights in confidential information and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
- ‘Permitted Purpose’ means, in the case of us, the provision of the Knowledge Base to you, and in your case the access and use of the Knowledge Base.
- 'Personal Information' has the meaning given to that term under our Privacy Policy.
- 'Prohibited Content' includes content that:
  1. a. is abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by the us as inappropriate;
  2. b. contravenes any applicable laws (including without limitation laws concerning Intellectual Property Rights); or
  3. c. infringes the rights of a third party (including without limitation laws concerning Intellectual Property Rights, privacy or personal or proprietary rights)
- ‘Protected Materials’ means any information, documents or materials protected by Intellectual Property Rights or under an agreement between you and us.
- 'you', 'your' means the person accessing and using our Knowledge Base.