Terms & Conditions

This agreement forms the conditions of supply of material on, use of and access to the OBS website. Your continued use of the OBS website constitutes an affirmative acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the OBS website.  

Accuracy of information and disclaimer of warranties

All material on this website is provided in good faith and its use is undertaken at your sole risk. OBS does not make any representation or warranty that (i) any material on the OBS website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the OBS website will be uninterrupted, timely or secure. OBS will not be liable for loss resulting from any action or decision by you in reliance on the information on the website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.  

General information only - non advisory

The material on the OBS website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Copyright

The material provided on the OBS website is copyright protected and its use is for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of OBS.

You may not use any part of the material on the OBS website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.  

Trademarks

The OBS logo is a registered trademark of OBS. Other trade marks are displayed on the site and these belong to third parties. Nothing displayed on the OBS website should be construed as granting any license or right of use of any logo, masthead or trade mark displayed on a website, without the express written permission of the relevant owner.

Your conduct

As a condition of your use of the OBS website or any services pertaining to it, you warrant to OBS that you will not use the OBS website for any purpose that is unlawful or prohibited by these terms & conditions. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:

  • use any automated scripting tools or software;
  • engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
  • impersonate any person or entity;
  • upload, post, e-mail, transmit or otherwise make available using the OBS website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • breach any applicable laws or regulations.
OBS has no obligation to monitor any user's use of the OBS website, however OBS retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
 
You will indemnify OBS if OBS suffers any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the OBS website.  

Third party links

Hyperlinks and pointers to websites operated by third parties appear on the OBS website. These websites are not under the control of OBS and nor does OBS have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the OBS website and do so entirely at your own risk. 

Limitation of liability

OBS does not exclude any rights and remedies available to you under the Trade Practices Act (Commonwealth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise OBS excludes all conditions and warranties which may be implied by law.

To the extent permitted by law, OBS's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at OBS's option, to:

  • In the case of services supplied or offered by OBS:
  • the re-supply of those services; or
  • the payment of the cost of having those services re-supplied;

In the case of goods supplied or offered by OBS:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of having the goods replaced; or
  • the payment of the cost of having the goods repaired.

You expressly agree and understand that under no circumstances will OBS be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by OBS) which result from

  • the use of or access to or any inability to use or access the OBS website or any material on the OBS website;
  • unauthorised access to or alterations of your transmissions or data;
  • Statements or conduct of any third party on the OBS website.
Excluding liability for negligence the maximum liability of OBS is equivalent to the total of any amounts you have paid to OBS in respect of goods or services supplied to you by OBS through the OBS website.

Applicable law

These conditions and all other specific and additional terms which govern your use or membership of and access to the OBS website will be governed by and construed in accordance with the laws of the state of Victoria, Australia.