 Disclaimer
 1.
Disclaimer Statement
(a) The
website
is provided
on an
“as
is”
and “as
available”
basis
and without
warranties
of any
kind,
expressed
or implied.
(b) The
State
makes
no representations
or warranties
that the
website
will meet
your requirements,
be uninterrupted,
timely,
secure
or error
free,
that defects
will be
corrected,
or that
the website
or the
server
that makes
it available
is free
of viruses.
(c) You
obtain
access
to the
website
at your
own risk
and the
State
accepts
no responsibility
for any
interference,
loss,
damage
or disruption
to your
own computer
system
which
arises
in connection
with your
use of
the website
or any
linked
website.
You
must take
your own
precautions
to ensure
that the
process
which
you employ
to obtain
access
to the
website
does not
expose
you to
the risk
of malicious
code or
other
forms
of interference
which
may damage
your own
computer
system.
(d) All
information
provided
by the
State
on the
website
is provided
in good
faith.
The State
does not
make any
representations
or warranties
about
the accuracy,
reliability
or completeness
of the
information
on the
website;
however,
it will
endeavour
to keep
the website
updated.
(e) The
State
is not
liable
for any
loss resulting
from any
action
taken
or reliance
made by
you on
any information
or material
posted
on the
website.
(f) The
State
cannot
confirm
the identity
of persons
contributing
to the
website
and cannot
prevent
participants
acting
under
false
pretences.
You must
make your
own enquiries
and seek
independent
advice
before
acting
or relying
on any
information
or material
which
appears
on the
website.
(g) The
State
does not
accept
any liability
for the
accuracy
or reliability
of any
material
contributed
to the
website
by other
contributors.
The State
is not
liable
for any
loss resulting
from any
action
taken
or reliance
made by
you on
any information
or content
supplied
to it
by another
contributor
and posted
on the
website.
(h) Links
from the
website
to non-government
websites
should
not be
construed
as an
endorsement,
approval
or recommendation
by the
State
of the
owners
or operators
of those
linked
websites,
or of
any information,
graphics,
materials,
products
or services
referred
to or
contained
on those
linked
websites.
(i) The
State
assumes
no responsibility
or liability
arising
from any
error,
omission,
infringement
of intellectual
property
rights,
defamation,
obscenity
or inaccuracy
contained
in any
content
posted
on the
website.
(j) The
State
accepts
no liability
for any
failure
to comply
with the
terms
and conditions
of use
for this
website
where
such failure
is due
to circumstances
beyond
the State’s
reasonable
control.
Exception
to Disclaimer
This disclaimer
does not
attempt
or purport
to exclude
liability
arising
under statute
if, and
to the extent,
that such
liability
cannot be
lawfully
excluded.
2.
Limitation of Liability
The State
does not
accept responsibility
for any
loss or
damage,
however
caused (including
through
negligence)
which you
may directly
or indirectly
suffer in
connection
with your
use of the
website
or any linked
website.
To avoid
any doubt,
the State
shall be
under no
liability
to you in
respect
of any interference
or loss
(including
consequential
loss) or
damage to
any of your
IT Infrastructure
which arises
in connection
with your
access to
or use of
the website
or any linked
website.
The State
does not
warrant
that you
will have
continuous
access to
or use of
the website.
The State
shall not
be liable
in the event
that the
website
or any linked
website
is unavailable
due to downtime
attributable
to malfunction,
upgrades
or preventative
or remedial
maintenance
activities.
You warrant
that you
have not
relied on
any representation
made by
the State
which has
not been
stated expressly
in these
terms and
conditions
or upon
any descriptions,
illustrations
or specifications
contained
in any document
including
publicity
material
produced
by the State.
3.
Indemnification Statement
You shall
at all times
indemnify
and hold
harmless
the State
and its
officers,
employees
and agents
(“those
indemnified”)
from and
against
any loss
(including
reasonable
legal costs
and expenses)
or liability
reasonably
incurred
or suffered
by any of
those indemnified
arising
from any
proceedings
against
those indemnified
where such
loss or
liability
was caused
by:
(a) a
breach
by you
of any
of your
obligations
arising
out of
these
terms
and conditions;
(b) any
wilful,
unlawful
or negligent
act or
omission
by you;
and
(c) any
malicious
code uploaded
to the
website
by you.
You agree
to indemnify
the State
against
any loss,
expenses,
costs or
liability
suffered
by the State
(including
personal
injury whether
or not resulting
in death
suffered
by the officers,
servants
or agents
of the State),
arising
from:
(a) any
unlawful,
wilful
or negligent
act or
omission,
in the
course
of your
performance
(or attempted
or purported
performance)
of your
obligations
under
these
terms
and conditions;
and
(b) any
breach
by you
of the
terms
and conditions.
You also
agree to
indemnify
the State
against
any loss,
liability,
claim, demand,
damage or
expense
(including
legal fees)
asserted
by any third
party arising
out of a
breach of
these terms
and conditions
either by
yourself
or by any
person.
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