page contents Terms of Service | myEngineerOnline | Des Menz

Terms of Service

1. Copyright, Licenses and Idea/User Submissions. 

The following describes the Copyright Notice for our website.

Enviro-Civil Pty. Ltd. (ABN 34618216220) and D N Menz are the owners of our website www.MyEngineerOnline.com.au

The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws.  The owners of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Enviro-Civil Pty. Ltd. website or via email or by way of protected content in a membership site.  The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data.  You surrender any rights to your content once it becomes part of our website.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content.  You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose.  The use of paid content on any other website or in a networked computer environment for any purpose is prohibited.  If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

You are granted a nonexclusive, nontransferable, revocable license to use our website only for private, personal, noncommercial reasons.  You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form.  Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download.  Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.

As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations.  No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

Our www.MyEngineerOnline.com.au website prohibits conduct that might constitute a criminal offence, give rise to civil liability or otherwise violate any law.  Any activity that restricts or inhibits any other user from using the services of our website is also prohibited.  Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

You agree to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed.  You also grant to our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.

Trademarks

Publications, products, content or services referenced herein or on our website are the exclusive trademarks or service marks of our Enviro-Civil Pty. Ltd. website or related parties.  Other product and company names mentioned in our website may be the trademarks of their respective owners.

Links to Our Website

You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website.  Your website or other source of links must not engage in illegal or pornographic activities.  Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.


2. Use of our website 

You agree, acknowledge, and accept that we are trained professionals in a specific area of engineering but do not purport to render professional or expert advice in any arena.

Data contained on or made available through our www.MyEngineerOnline.com.au website is not intended to be, and does not constitute, legal advice.  Our website, and your use of it, does not create an attorney-client relationship.  We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice.  Our website, and your use of it, does not create a physician-patient relationship.  We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice.  Our website, and your use of it, does not create an advisor-client relationship.  We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

Your use of our Enviro-Civil Pty. Ltd. website or materials linked to our website is completely at your own risk.  You should not act or depend on any data or information or content on our website, where applicable, without seeking the counsel of a competent professional licensed to practice in your jurisdiction for the data and/or information you wish to use.

We may make changes to the features, functionality or content of our website at any time.  We reserve the right in our sole discretion to edit or delete any data appearing on our website.

Your Duty To Other Users

Your use of our website is for your own personal, non-commercial benefit.  In no way are you to leverage our website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others.  This includes, but is not limited to, spam (unsolicited commercial email).

If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

Third-Party Products/Services

You understand that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the Internet in any way.  Except for information identified by our website as such, all information, products and services offered through our website or on the Internet generally are offered by third parties that are not directly affiliated with our website, and we may be compensated. 

Viruses, etc.

You also understand that our Enviro-Civil Pty. Ltd. website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.

Assumption of Risk

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE AND CONTENT IS PROVIDED "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.  IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.  OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

Limitation of Liability

The content may contain inaccuracies or typographical errors.  Our www.MyEngineerOnline.com.au website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it.  Use of our website and the content is at your own risk.  Changes are periodically made to our website, and may be made at any time.

OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS.  IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.

Express Disclaimer of Consequential Damages

IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR; 

(I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT  OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORISED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR 

(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES OR JURISDICTIONS MIGHT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE.  THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

Links to Other Websites

Our website contains links to third party Websites.  Our Enviro-Civil Pty. Ltd. website makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites.  Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third party Websites.  If you decide to access linked third-party Websites, you do so at your own risk.  We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered.  You should assume we are compensated for any purchases you make.  Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.

Compensation

You should assume that we may be compensated for purchases of products or services mentioned on this www.MyEngineerOnline.com.au website that are not created, owned, licensed, or otherwise materially controlled by us. Stated differently, while most people obviously understand that individuals make a living by way of the profit that remains after the costs associated with providing their product or service are covered, at least theoretically there may be someone out there who does not understand that a third party can "affiliate" someone else's products or services and be compensated by the product or service creator/owner for helping spread the word about their offering. Just compare it to retailers. They seldom produce anything, but rather make their money connecting product and service creators with end users.

Amazon.com

One or more parties affiliated or associated with www.MyEngineerOnline.com.au website in some way may be an Amazon.com affiliate. This means that links to products on Amazon.com, as well as reviews leading to purchases, can result in a commission being earned.  Again, disclosure of this material connection and the potential for compensation may not be made at every single possible opportunity. To be safe, simply assume there is a material connection and potential for compensation at all times. While this does not imply skewed or unduly biased reviews, full disclosure calls for this warning.

User Submissions

As a user of our www.MyEngineerOnline.com.au website, you are responsible for your own communications and are responsible for the consequences of their posting.  You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website.  You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

Our Enviro-Civil Pty Ltd website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website.  If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.  Our website has no liability or responsibility to users of our website for performance or nonperformance of such activities. Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

Social Media Warning (Divulgence of Personal & Private Information)

Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected.  However, more than a few folks have already lived to regret personal information that was shared either by them or others.  This has long been true of simple email.  It is exponentially true of social websites and applications for social media on any other website, including this one.  You are cautioned against carelessly disclosing information.


3. Indemnification

You agree to indemnify, defend and hold harmless our Enviro-Civil Pty. Ltd. website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.


4. Third Party Rights 

The provisions of clause 2 (Use of our website), and clause 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.


5.  Term; Termination 

We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.

This Agreement, in whole or in part, may be terminated by Enviro-Civil Pty. Ltd. without notice at any time for any reason. The provisions of clause 1 (Copyright, Licenses and Idea/User Submissions), clause 2 (Use of our website), clause 3 (Indemnification), clause 4 (Third Party Rights), clause 6 (Hiring an Advisor, Attorney, or Other professional / No Attorney-Client Relationship), and clause 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.


6.  Hiring an Advisor, Attorney, or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity

Choosing a lawyer, or other professional advisor is a serious matter and should NOT be based solely on data contained on our website or in advertisements.  

The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue.  Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations.  This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction.

Medical issues are complex, and can often stem from both organic and psychological factors.  Never should a website be used as a source of diagnosing or treating medical problems.  

Financial matters are highly individualistic.  Risk tolerance is just one factor to consider before making any investments or financial decisions.  For these, and other, reasons, you should look to the guidance of a trained professional, not a website.

You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.


7.  Miscellaneous

Governing Law

This Agreement shall treated as though executed, set in force, and performed in the State of South Australia.  Accordingly, it shall be governed and construed in accordance with the laws of South Australia in terms of those applicable to agreements, without regard to conflict of law principles.  

Disputes

Any cause of action by you with respect to our www.MyEngineerOnline.com.au website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use.  Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the Institute of Arbitrators and Mediators Australia commercial arbitration rules.  The arbitration shall be conducted in South Australia.  Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees.  All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. 

Modification

Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.

Assignability

Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.

Contra Preferentum

The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party.  Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. "contra preferentum") shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.  

Severability

Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.  

This Agreement Prevails

To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence. 

Waiver

Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.  

Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.

Any rights not expressly granted herein are reserved to Enviro-Civil Pty. Ltd.

Modifications

These terms may be modified by Enviro-Civil Pty. Ltd. from time to time and such modifications will be binding when placed online.

Last updated: 25 February 2014, Enviro-Civil Pty. Ltd. 

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