Liability and Disclaimer
You must:
- own all of the work you upload to the sites or have the permission from the owner of the content to upload it
- be able to grant Trigon Road the rights under these Terms and Conditions (so, for example, you cannot grant us exclusive rights if you have already granted
someone else exclusive rights)
- obtain the consent of the owner of any work incorporated into the content you upload on the sites
Serious legal consequences can happen to you, Trigon Road, and other parties if you do not.
You indemnify Trigon Road against all losses, costs and expenses directly incurred by Trigon Road, in connection with a demand, allegation, action, proceeding
or claim that you do not own all of your work, you are not able to grant Trigon Road rights or you do not have the consent of an owner to incorporate their work into yours.
Trigon Road must take reasonable steps to mitigate its loss.
THE FOLLOWING APPLIES TO END USERS WHO LIVE OUTSIDE AUSTRALIA, THE UK AND THE EU:
WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH THE USE OF THE SITE OR ANY CONTENT OR
SERVICES AVAILABLE VIA THE SITES. THE SITES ARE PROVIDED "AS IS". THE INFORMATION ON THE SITES IS GENERAL AND MAY NOT BE SUITABLE FOR YOUR PARTICULAR NEEDS. YOU SHOULD
VERIFY CRITICAL INFORMATION (LIKE ADVICE ABOUT VISAS AND HEALTH AND SAFETY) INDEPENDENTLY BEFORE YOU TRAVEL.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITES OR THEIR CONTENT AND EXCLUDE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY WHICH MAY ARISE AS A
RESULT OF THEIR USE. WE WILL NEVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, OR LOSS OF PROFITS OR REVENUE ARISING OUT OF THE USE OF OUR
SITES. YOU INDEMNIFY Trigon Road AGAINST EACH CLAIM, ACTION, PROCEEDING, JUDGMENT, DAMAGE, LOSS, EXPENSE OR LIABILITY INCURRED OR SUFFERED BY, OR BROUGHT, MADE OR
RECOVERED AGAINST US IN CONNECTION WITH ANY BREACH BY YOU OF THESE TERMS.
Nothing in this Agreement excludes liability for death or personal injury caused by negligence, or liability for fraudulent misrepresentation. Subject to the
previous sentence, our liability to you under this Agreement is limited to resupply of the content or services accessed via the sites.
THE FOLLOWING APPLIES TO END USERS WHO LIVE WITHIN AUSTRALIA, THE UK AND THE EU:
WE USE REASONABLE CARE AND SKILL TO ENSURE THE ACCURACY OF THE INFORMATION PROVIDED ON THE SITES. INFORMATION CONTAINED ON THE SITES MAY NOT BE FULLY ACCURATE AND
IS PROVIDED "AS IS".
However, certain laws also provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in this
Agreement is to be taken to exclude, restrict or modify any guarantee, condition or warranty that Trigon Road is prohibited by law from excluding restricting or
modifying.
Subject to your rights under law (which cannot be excluded), Trigon Road:
- DOES NOT WARRANT OR GUARANTEE THAT THE SITES WILL BE 100% ACCURATE OR CONTINUOUS AT ALL TIMES. THE INFORMATION CONTAINED ON THE SITE IS GENERAL AND MAY NOT
BE SUITABLE FOR YOUR PARTICULAR NEEDS
- is not responsible for
- loss that was not reasonably foreseeable
- loss that was not caused by Trigon Road's breach of contract or by Trigon Road's negligence
- business losses (such as lost data, lost profits or business interruptions) or loss suffered by non-consumers
- losses caused by factors which could reasonably be considered to be outside Trigon Road's control (such as faults in third party equipment)
- any loss caused, or contributed to, by your breach of contract or your negligence.
:
Subject to the above paragraph, Trigon Road is responsible for:
- loss suffered by you as a result of a serious breach of contract by Trigon Road if the loss was reasonably foreseeable by both you and Trigon Road when this
Agreement was entered into
- damage to property caused by Trigon Road's negligence if the loss was reasonably foreseeable at the time when this Agreement was entered into.
You must:
- verify critical information (like advice about visas and health and safety) independently before you travel
- take all necessary steps to minimise the extent of any loss you may suffer in accordance with this Agreement, and you must notify Trigon Road in writing of
your loss within 30 days.