DMS Website Terms and Conditions
Please read this legal statement carefully before using this Website.
1.1 This website, www.dmsgroup.com.au (Website) is owned and operated by Diversified Mining Services Limited (ACN 126 482 282) of Level 7, 9 Sherwood Rd, Toowong Queensland (DMS).
4. Restrictions on use
4.1 You must not reproduce, distribute, publicly perform, publicly display or create derivative works of the any of the content appearing on the Website (Content) unless authorised by DMS (and where appropriate the appropriate the copyright owner).
4.2 You must not copy, reproduce, republish, post, upload, distribute, transmit or modify in any way all or any part of the Content, unless expressly provided for on the Website or expressly authorised by DMS.
4.3 You agree not to post or transmit through this Website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, scandalous, pornographic, objectionable, which gives rise to civil or criminal liability or otherwise violates any local, state or federal law. You may not engage in any activity on this Website that restricts or inhibits any other user from enjoying or using this Website.
5. Reliance on information
5.1 This Website has been compiled in good faith and with all reasonable care. You should be aware that all Content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.
6. No warranties or representations
6.2 DMS does not warrant that access to this Website will be uninterrupted, the services offered on the Website will be error-free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. DMS recommends that prior to using any downloaded file, you carry out an appropriate virus check.
7. Limitation of liability
7.1 DMS and all of its related bodies corporate, its directors, employees, suppliers, or any third parties mentioned on the Website shall not be liable for any loss or damage whatsoever (including, without limitation, incidental, special and/or consequential damages or lost profits) resulting from or relating in any way to the Content included on the Website and any use or access of, or any inability to use or access, the Website and the Content.
7.2 You agree not to carry on any activity in relation to the Website which might involve DMS in liability. If you do engage in any such activity, you agree to grant DMS an unlimited indemnity with respect to your conduct.
8.1 Content displayed on this Website and links on or from this Website may lead to or be sourced from sites and resources located on servers operated and maintained by third parties, over which DMS have no control (Third Party Sites). Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by DMS of any Third Party Site referred to.
8.2 Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on a Third Party Site.
10. Intellectual Property
10.1 You acknowledge that the Content in this Website is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.
10.2 The Content of the Website is protected by Australian and international copyright law. Unauthorised use of the Content may violate these laws.
(1) used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
(2) performed in public;
(3) incorporated into any other web site or used for any commercial purpose;
(4) stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;
(5) used in any manner or for any purpose which is unlawful; or
(6) used in any manner which violates any right of DMS (or an affiliate of DMS) or which is prohibited by DMS.
10.4 Some of the copyright in the Content of the website is included on the Website under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Website) must be obtained from the copyright owner.
10.5 All names, logos and trademarks (both registered and unregistered) identifying DMS and DMS subsidiaries are the property of DMS. Nothing contained on this Website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without the express written permission of DMS.
11. Governing law
11.1 All matters relating to this Website are governed by and are to be construed according to the laws applicable in the State of Queensland and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland and Australia.
When a person looks at the DMS web-site, our Internet Service Provider (ISP) makes a record of the visit and logs the following information for statistical purposes:
- The user's server address and country of origin;
- The user's top level domain name (eg .com, .gov, .au etc);
- The date and time of visits to the site;
- The pages accessed and documents downloaded;
- The previous site visited if the user has been redirected via a link from another site; and
- The type of browser being used.
DMS will not make an attempt to identify users or their browsing activities.
DMS will only record a person's name and e-mail address if they send DMS a message or otherwise communicate the name or e-mail address to DMS. The name and e-mail address will only be used for the purpose for which a person provides it and it will not be added to a mailing list or used for any other purpose without the consent of the person.
The DMS web-site does not have facilities for the secure transmission of information across the Internet. Users should be aware that there are inherent risks transmitting information across the Internet.