Website Terms and Conditions

Introduction

Welcome to the HSB Website. We are excited to have you here!

Before you use our Website, please take the time to read through and understand these Terms of Service. Our Terms of Service are the terms of an agreement between you and HSB when you access the HSB Website.

By accessing or using this Website, you agree that you have read, understood, and agreed to be bound by these Terms of Service and to comply with all applicable laws and regulations. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Service and that they comply with them. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using our Website and you must discontinue use immediately.

This Website is intended for use for Users who are at least 18 years old. Persons under the age of 18 are not permitted to use this Website or to register for any of our services.

If you have any questions or concerns regarding these Terms of Service, please don’t hesitate to get in touch.

1. Definitions

The following definitions apply to our Terms of Service.
“HSB” means HSB Resources Pty Ltd (ACN: 651 633 822) ABN: 87 651 633 822.
“Intellectual Property Rights” means our exclusive ownership of all elements incorporated into our Website. This ownership extends to rights in:
a. the design, compilation and look and feel of our Website;
b. copyrighted works, patents, service marks, trademarks, inventions, designs, know-how and moral rights; and
c. any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Submissions” means any question, comment, suggestion, idea, feedback, or other information about the Website or our services that you send to us.
“We”, “our” or “us” means HSB.
“Website” means the Internet site at the domain hsbresources.com.au or any other site or service operated by HSB.
“User” means any member of the general public accessing the HSB Website and related HSB websites.
“You” or “your” means the User.

2. Access conditions

HSB grants you a non-exclusive, non-transferable, limited permission to access and display the webpages within this Website as a User.

As a User, you agree not to:
a. access or use our Website for any purpose other than that for which we make the Website available.
b. use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website, unless granted express permission;
c. use our Intellectual Property Rights in any way without express permission from us;
d. modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our Website;
e. introduce or upload anything to the HSB Website or related websites that includes viruses or other malicious code;
f. post or transmit through the HSB Website or related websites any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities;
g. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
h. circumvent, disable, or otherwise interfere with security-related features of the Website;
i. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
j. use our Website in a way that might interfere with other peoples’ use;
k. undermine the security or integrity of our Website; and
l. harass, annoy, intimidate, or threaten any of our employees or agents.
Your failure to comply with any of these Terms of Service will result in immediate termination of any rights granted to you, without prior notice.

3. Privacy

We care about your privacy and security and are committed to taking data protection seriously. Please click on the link on our website for our Privacy Policy. By accessing and using our Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.

4. Website disclaimer

Except where expressly provided otherwise, the Website, and all content, materials, information, software, products and Services provided on the Website, are provide on an “as is” and “as available” basis. HSB disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

HSB makes no warranty that:
a. the site will meet your requirements;
b. the site will be available on an uninterrupted, timely, secure, or error-free basis;
c. the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable;
d. the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations; or
e. our Website will be secure or free from bugs or viruses or any other type of malicious code or software.

Any content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. HSB shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

5. Changes to our website

HSB reserves the right to make changes or updates to the site at any time without notice.

6. Changes to these Terms of Service

HSB reserves the right to change, modify or remove the contents of these Terms of Service from time to time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, suspension, or discontinuance of this Website.

It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued accessing of the Website after the date such revised Terms of Service are posted.

These Terms of Service were most recently updated on 1 November 2023.

7. Website corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

8. Website management

We reserve the right, but not the obligation, to:
a. monitor the Website for violations of these Terms of Service;
b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; and
d. otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

9. Your submissions and contributions

By directly sending us any Submission, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation for you.

By sending us Submissions, you:
a. agree to not post, send, publish, upload or transmit any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading;
b. to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
c. warrant that any such Submissions are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
d. warrant and represent that your Submissions do not constitute confidential information.

10. Third-party websites, content, products and services

The HSB Website may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website.

You agree that HSB is not responsible for the availability of, and content provided on, third-party websites. Inclusion of, linking to, or permitting the use or installation of any third-party Websites or any third-party Content does not imply approval or endorsement thereof by us.

If you decide to leave the Website or Services and access the third-party websites or to use or install any third-party Content, you do so at your own risk, and accept that these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website.

Any purchases you make through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.

11. Limitation of liability

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Website, any websites linked to it, any content on our Website or such other websites or any services or items obtained through our Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

12. Indemnity

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim, or demand (including reasonable legal fees and costs), arising out of or in any way connected with your access to or use of the Website.

13. Governing law

Your use of our Website and any related HSB websites is governed by the law in force in Queensland, Australia. You agree not to violate such laws and regulations.

14. General

a. Entire agreement: These Terms of Service, together with the Privacy Policy and the terms of any other notices or instructions given to you under these Terms of Service, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and HSB relating to the Website.
b. Waiver: If either party waives any breach of these Terms of Service, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
c. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms of Service if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
d. No assignment: You must not assign or transfer any rights to any other person without HSB’s prior written consent.

15. Contact information

If you have any questions regarding these Terms of Service, please Click Here to contact us.