Terms of use

General

The www.opalpackagingplus.com website (the Website) is owned and operated by Specialty Packaging Group Pty Ltd (ABN 48 005 319 666) (Opal).

Access to and use of the Website is provided by Opal on the following terms and conditions and any other directions or rules of use on the Website (Terms of Use). Please read them carefully.

Whenever you access or use the Website, you agree to these Terms of Use.

Amendments to the Terms of Use

Opal reserves the right to amend the Terms of Use from time to time by posting any new versions on the Website.

You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the Website after changes are posted, you agree to all changes (including those which you are then unaware have been posted).

These Terms of Use were last revised on 7 December 2022.

Copyright

All material published on the Website is owned by Opal, or in the case of some material, third parties, and its contents is subject to copyright.

Opal grants you a limited licence to view the Website and its contents using your web browser and electronically copy and print hard copies of parts of the Website solely for personal, non-commercial use.

Except to the extent permitted by applicable legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Website, or create any other material using the Website, without obtaining the prior written consent of Opal.

Trade Marks

All trade marks, service marks and logos (Marks) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. The Marks may be registered or unregistered by Opal or others.

Nothing on the Website is to be construed as granting any licence or right to use any of the Marks displayed on the Website. The Marks must not be used or modified in any way without obtaining the prior written consent of Opal.

Linking and Framing

You may link to the Website provided you do so in a way that accurately indicates that the link is to the Website and is not misleading. Any such links must not incorporate Opal’s Marks, and must not be used to disparage or otherwise detrimentally affect the reputation of Opal and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (Opal Group).

The Website may contain links to websites of third parties (Third Party Site) and may on occasion display content or information from other websites within frames on this Website. We are not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.

Opal is not required to maintain or update links to a Third Party Site. Links to a Third Party Site is not any endorsement, approval, recommendation or preference by Opal of the owners or operators of the Third Party Site, or any information, products or services referred to on the Third Party Site, unless otherwise expressly stated on the Website.

Opal does not warrant that information on any Third Party Site is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does Opal authorise any such infringement by providing these links.

Opal disclaims liability for any loss or damage whatsoever arising from your use of links to a Third Party Site.

Disclaimer

Your access to the Website is at your own risk. The information contained in the Website is provided by Opal in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on the Website. However, while Opal will use reasonable endeavours to update the Website from time to time, Opal does not guarantee that all information on the Website is up to date on any given day.

Opal makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website or that the Website will be uninterrupted or error free. To the extent permitted by applicable law, all representations, warranties and other terms are excluded.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. 

Except to the extent required by law, the Opal Group will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which may arise in connection with your use of the Website.

Cookies

A ‘cookie’ is a small text file that contains information that is stored on your computer. Cookies are used for technical purposes to facilitate the use of the Website.

If you do not wish to accept cookies, your web browser may be set so that you automatically deny the storage of cookies or are informed every time a website requests to be allowed to store a cookie. Please be aware that some areas or features of the Website may rely on cookies and so may not work if you delete or decline cookies.

Opal may use cookies to identify your computer on the server and so Opal can track your use of the Website. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by Opal in accordance with the Opal Privacy Policy.

Privacy

Any information Opal collects about you via the Website or otherwise will only be used and disclosed by Opal in accordance with the Privacy Policy located at https://opalanz.com/corporate-governance 

Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant the security of any information which you transmit to us, and any information which you transmit to us is transmitted at your own risk. Nonetheless, once we receive your transmission we will take reasonable steps to preserve the security of such information.

Liability

To the maximum extent permitted by law, the Opal Group will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence), which may arise out of, or in connection with, the use of the Website or the use or reliance on information, including any publication or media release, contained on or linked to from the Website. Further, the Opal Group does not endorse or accept any liability for the contents of any website referred to on, or linked to from the Website.

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. If any law implies a condition or warranty into these Terms of Use which cannot lawfully be excluded, then, to the maximum extent permitted by law, the Opal Group’s liability for any breach of such implied term will be limited to the following:

• if the breach relates to goods:

      • ◦ the replacement of the goods or the supply of equivalent goods;
      • ◦ the repair of such goods; or
      • ◦ the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and

 

• if the breach relates to services:

      • ◦ the supply of the relevant service again; or
      • ◦ the payment of the cost of having that service re-supplied.

Indemnity

You indemnify the Opal Group and their respective officers, employees, agents, contractors, licensors and any other person involved in the creation and maintenance of the Website for all losses, damages, demands, expenses and costs (including legal costs on a full indemnity basis) which arise out of or relate to your use of the Website, any information that you provide to Opal through the Website or any damage that you may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation and intellectual property rights infringement.

Governing Law

If a dispute arises regarding the Terms of Use, the laws of the State of Victoria, Australia will apply. You submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.

If you access the Website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

If the information on the Website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

 

© SPECIALTY PACKAGING GROUP PTY LTD 2022

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