IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS DETAILED BELOW, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS SITE.
AGREEMENT
MSDS.COM.AU Pty Ltd (ACN 083 142 205) ("MSDS") maintains this website (the "Site") for the information and education of its users. The Site contains material provided by you, other third parties and advertisers (collectively "Participants"). If you do not agree to be bound by this Agreement, please do not use, access or subscribe to this Site.
| 1. | Use of Site from Outside New Zealand |
| 1.1 | The Site and its contents are protected by worldwide copyright laws and are designed to comply with New Zealand laws and regulations. Although accessible by others, the Site and its contents are intended for access and use by New Zealand residents only. Neither MSDS nor the Participants make any representation that materials in this Site are appropriate or available for use in other countries. The names, descriptions and material safety data sheets of products listed on this Site are of New Zealand origin. If you choose to access this Site from a country other than New Zealand ("the User Country") you do so at your own initiative and risk and you are responsible for compliance with the User Country's laws and regulations. If accessing the Site from outside New Zealand, you agree to indemnify MSDS and the Participants for any loss or damage arising from any failure of this Agreement or the information on the Site to comply with the laws of the User Country. |
| 2. | No warranties |
| 2.1 | The Site contains information concerning the Participants' products that may be useful to the Participants' customers and employees as well as the public. However, neither MSDS nor the Participants make any representation or warranties nor assume any liability or responsibility for the accuracy (including errors and omissions), reliability, completeness or timeliness of any information contained herein and expressly disclaim any obligation to update the said information. The use of the Site and the information is at your own risk. Changes are periodically made to the Site and may be made at any time. |
| 2.2 | Everything on the Site is provided "AS IS" and, to the extent permitted by law, all express, implied or statutory warranties, representations, Agreement other than those expressly contained in this Agreement are excluded. Please note that some jurisdictions may not allow the exclusion of all implied warranties, so some of the above exclusions may not apply. |
| 2.3 | MSDS does not warrant that the Site will operate error free or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material. Nor does MSDS warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, or will give notice of such use, modification or alteration. |
| 3. | Registration and Use of the Site |
| 3.1 |
You may register to become a Participant by completing the form on the following screen and paying the annual registration fee specified in the price list on this Site ("Price List"). Your safety data sheets can then be uploaded onto the Site by you or by MSDS.CO.NZ. Your safety data sheets will be available to users of the Site following payment of the annual MSDS listing fees specified in the Price List for the safety data sheets uploaded. You may freely browse the Site and download material from the Site. You may use downloaded materials for personal, non-commercial use. You may not distribute, modify, transmit, reuse, re-post or use any such materials for public or commercial purposes without the express written permission of MSDS unless the materials in question are your property. All copyright and other proprietary notices contained in downloaded materials and printed copies thereof must be retained. |
| 3.2 | Images of people or places displayed on the site are either the property of, or used with permission by, MSDS. The use of these images by you is prohibited unless specifically permitted by this Agreement or by specific permission provided elsewhere on the site. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes. |
| 3.3 | You must not transmit or attempt to transmit any data, code or other material of any kind to the Site, which contains a virus or other harmful component. |
| 3.4 | You must take your own precautions to ensure that the process, which you employ for accessing the Site and uploading safety data sheets to the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. |
| 4. | Limitation of Liability |
| 4.1 | Your use of the Site is at your own risk. Neither MSDS nor any other party involved in supplying the material, creating, producing or delivering the Site is liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, consequential, or punitive damages or lost profits) arising out of your access to, use of or inability to use and access the Site. This includes damage to your computer equipment by computer viruses or otherwise. If your use of the Site results in the need for servicing or replacing equipment or data, we are not responsible for those costs. |
| 4.2 | Although MSDS may, from time to time, monitor or review the transmissions on the site, MSDS is under no obligation to do so. MSDS assumes no responsibility or liability arising from the content of the Site or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. |
| 5. | Uploading to the Site |
| 5.1 | Any material that you upload or have uploaded on your behalf to the site, including but not limited to all safety data sheets and related information is and will be treated as non-confidential. |
| 6. | Intellectual Property |
| 6.1 | You should assume that all contents of the site are copyrighted unless otherwise noted and may not be used except as provided herein. |
| 6.2 | The names, trade marks, logos and service marks on this Site (the "Trade Marks") displayed on the Site are registered and unregistered trademarks owned by or licensed to MSDS, its associated companies or the Participants. Nothing contained in this Site should be construed as granting by implication any license or right in and to the Trade Marks (including any rights to use or distribute the Trade Marks) without the express written permission of MSDS, the relevant Participants or any other third party. Any use of the Trade Marks, except as provided in this Agreement, is strictly prohibited. |
| 6.3 | The intellectual property rights in all material uploaded onto the Site by a Participant remains the property of that Participant. |
| 6.4 | MSDS will aggressively enforce its intellectual property rights in the site and its contents to the fullest extent of the law, including by seeking criminal sanctions. |
| 7. | Hyperlinks |
| 7.1 | MSDS has not reviewed all of the sites that may be linked to or from the Site ("Linked Sites") and is not responsible for the content of any Linked Sites or any hyperlink contained in any Linked Site. Your utilisation of Linked Sites is at your own risk. |
| 8. | Restriction of Use |
| 8.1 | You are prohibited from uploading onto the Site or transmitting using the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. MSDS will fully cooperate with any law enforcement authorities or court order requesting or directing MSDS to disclose the identity of anyone posting any such information or materials. |
| 8.2 | You will not take any action that will pose an inappropriately large load on our infrastructure. |
| 9. | Indemnity |
| 9.1 | You agree to indemnify MSDS for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of material described in the above clause or your failure to comply with this Agreement. While MSDS does not and cannot review all materials uploaded by users and is not responsible for the content of this material. MSDS reserves the right to delete or modify material that it, at its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. |
| 10. | Termination |
| 10.1 | The Agreement is effective until your subscription expires, unless terminated by MSDS in the event of a breach of the Agreement by you. In the event of a breach we may terminate this agreement and your access to the Website at any time with fourteen (14) days notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Agreement will survive termination. |
| 11. | Governing Law |
| 11.1 | The Agreement are governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. |
| 12. | Miscellaneous |
| 12.1 | If any provision of the Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Agreement, which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between MSDS and you with respect to the use of this Site. |