General Obligations

You acknowledge and agree that:

• the website and electronic communications from Bendigo Mining may contain copyright information and you agree to not copy or translate for commercial use, forward, reproduce, adapt, vary, distribute or modify any material without the express consent of Bendigo Mining, except as expressly authorised by these terms and conditions.
• you will not use the website or any electronic communications other than for the purpose for which they are provided to you.
• Bendigo Mining may store, use, disclose and in any other way deal with your personal information, including your email address, for any reasonable purpose subject to our privacy policy.
• you will not provide or otherwise make available any material on the website in any form to any person without acknowledging the source of that material.
• you visit the website of your own free will and have not relied on any representation or statement of any kind which is not included in these terms and conditions.
• if any of these terms and conditions is unlawful, unenforceable or void, then such term or condition shall be severed from these terms and conditions and shall not effect the validity or enforceablility of any other part of these terms and conditions.

Warranties

Bendigo Mining does not guarantee the integrity or accuracy of any electronic communications or that they are free of viruses, worms or any other form of malicious code. You should ensure that you take appropriate measures and run appropriate up to date security and anti-virus software.

Bendigo Mining does not warrant that the functions contained in any third-party website will be without error or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

Bendigo Mining reserves the right to revise and amend these terms and conditions from time to time. You agree to be bound by such revisions.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into these terms and conditions, which cannot be lawfully excluded, such terms will apply, save that the liability of Bendigo Mining for breach of any such implied term will be limited, at the option of Bendigo Mining, to the resending of any information.

So far as permitted by law, Bendigo Mining will not be liable for any loss or damage whatsoever arising either directly or indirectly from any electronic communications or your use of the website.

Intellectual Property Rights

You acknowledge that the electronic communications from Bendigo Mining, including the material on the website, is the subject of copyright and that it is the subject of other intellectual property and legal rights and you agree not to do any act or thing which may infringe any of these rights.

'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or through the Bendigo Mining website.

Indemnity

You must indemnify and keep Bendigo Mining indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Bendigo Mining may incur to a third party or you as a result of your breach of the provisions of these terms and conditions.

You agree to comply with all requirements of any third party and the terms and conditions of use of that third party's website.

Users are prohibited from placing a link to the website without the prior written consent of Bendigo Mining and on terms and conditions acceptable to Bendigo Mining.

Disclaimer

You accept that Bendigo Mining takes no responsibility for any error or omission relating to the material contained on the website.

You accept that Bendigo Mining makes no undertakings to provide access to the website at any particular time or for any particular length of time. You agree that Bendigo Mining will not be held liable for any lapse in the website's accessibility or any consequences whatsoever that flow from the unavailability of the website.

The material contained in the website is provided on the basis that none of Bendigo Mining nor its respective officers, shareholders, related bodies corporate, partners, affiliates, employees, representatives and advisers make any representation or warranty, express or implied, as to the origin, validity, accuracy, reliability, relevance, currency or completeness of the material contained in the website and no responsibility is taken for any errors or omissions. Nothing contained on the website is, or may be relied upon as, a promise, representation, advice or warranty, whether as to the past or the future. Bendigo Mining excludes all warranties, including implied warranties, and all liability that can be excluded by law for any loss, claim, damage, cost or expense of any nature arising out of the website whatsoever, nor by reason of any reliance upon it. Bendigo Mining accepts no responsibility to update any person regarding any inaccuracy, omission or change in information in this website or any other information made available to a person nor any obligation to furnish the person with any further information.

Waiver

Failure or neglect by Bendigo Mining to enforce at any time any of its rights under these terms and conditions shall not be construed or deemed to be a waiver of the rights of Bendigo Mining.

Jurisdiction

These terms and conditions shall be governed by and construed according to the laws of the state of Victoria, Australia.