Terms and Conditions

GDI Terms and Conditions

  1. Rights to Access GDI Web Portal
    1. All intellectual property rights including any copyright and any and all other rights in and to the GDI Web Portal remain property of GDI and or a relevant third party, where applicable. GDI has no claim over any intellectual property of Content that the Client gives to the Webmaster to upload on the Portal for User access of the GDI Web Portal.
    2. y giving Content to the Webmaster to upload on the Portal and GDI Web Portal, the Client guarantees unconditionally that the Content are owned by the Client and that the Client shall save harm and indemnify the Webmaster for any claim against or damages arising from using the Content given.
  2. Rights to Data and Other Third Party Content
    1. For each Content the User accesses or downloads, the Client agrees that the User has first reviewed the relevant Data Provider Terms and Conditions and has agreed to same before accessing Content.
  3. User Access
    1. The Client and each User acknowledge that they must not share their login details with another person, and agrees that sharing their login details with another person is in breach of the essential terms of this Agreement, the GDI’s Terms of Service, the GDI End User Policy and The Privacy Act 1988 (see Privacy Policy).
    2. Without limiting Client obligations, unless permitted in writing by GDI, the Client and User must not:
      1. Attempt to obstruct, avoid, obscure or otherwise render ineffective any aspect of the GDI Web Portal, including removing or avoiding security features, attributions, or legal terms that are notified to Users as part of accessing the GDI Web Portal Content or Data;
      2. Reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or any software incorporated into the GDI Web Portal;
      3. Make available the whole or part or parts of the GDI Web Portal for access by a third party (other than User, or authorised employer);
      4. Attempt to access the GDI Web Portal over multiple User accounts (User are only permitted to have a single user access login and profile); and
      5. Release or distribute login details for the GDI Web Portal (User login details must not be shared – refer to GDI’s Terms of Service, Privacy and End user Policy webpage).
  4. Licence to use website
    1. In condition to the other provisions of this disclaimer, you may:
    2. View the content of our website in a web browser;
    3. Temporarily download content from our website for no-commercial purposes only; and
    4. Print content from our website.
    5. Despite clause 4.a, you are prohibited from downloading or saving any material from our website.
  5. Acceptable use
    1. You must not do the following:
    2. Utilize our website that causes or may cause damage to our website or impairment of our website;
    3. Utilize our website for unlawful, illegal, fraudulent or harmful activity;
    4. Utilize our website to copy, store, host, transmit, send use, public or distribute any material which consist of (or linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, toolkit or other malicious computer software;
    5. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; and
    6. Provide us misleading information through our website. 
  6. Limited warranties
    1. We do not warrant the integrity or certainty of the information provided on our website.
    2. We have the right to terminate or change part or all of our website services at any time without notice or explanation.
    3. Subject to clause 6.1 of this disclaimer, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
  7. Limitations and exclusions of liability
    1. Nothing in this disclaimer will:
      1. Limit or exclude any liability for fraud or fraudulent misrepresentation;
      2. Limit any liabilities in any way that is not permitted under applicable law; or
      3. Exclude any liabilities that may not be excluded under applicable law.
      4. The limitations and exclusions of liability set out in clause 6 and elsewhere in this disclaimer”:
      5. Are subject to clause 7.a.1; and
      6. Govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in the contract, in tort (including negligence) and for breach of statutory duty.
      7. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
      8. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
      9. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
      10. We will not be liable to you in respect of any loss or corruption of any data, databases or software.
      11. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
  8. Indemnification
    1. Client agrees that it shall defend, indemnify, save and hold the Webmaster and GDI harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Webmaster’s and GDI’s development of the Client’s portal content.
    2. This includes liabilities asserted against the Webmaster and GDI, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided, performed, or agreed to be performed or any service by the Client, its agents, employees or assigns.
    3. Client also agrees to defend, indemnify and hold harmless the Webmaster and GDI against liabilities arising out of any injury to person or property caused by any services or otherwise distributed over the GDI Web Portal.
      1. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation, which is detrimental to another person, organization, or business.
  9. No Use of GDI Name
    1. Client must not use the name, any trade mark, copyright or logo of the Webmaster or GDI to claim any sponsorship, endorsement, approval or affiliation or other association with GDI by virtue of this Agreement or User access to the GDI Web Portal or any Content or Data, unless Client and or, User have express written permission from GDI or Webmaster.
  10. Resolving Disputes
    1. In any dispute arising out of or in connection with this Agreement or the GDI Web Portal, the parties agree to first negotiate in good faith with GDI to resolve it.
    2. If the dispute is not resolved by those negotiations within thirty (30) days, Client will notify GDI or Webmaster before taking any court or other legal proceedings, and either party may refer the dispute to the Australian Commercial Dispute Centre Limited (‘ACDC’) for resolution by mediation in accordance with the ACDC Guidelines on Mediation. However, this does not limit GDI’s rights under the Agreement or prevent GDI from seeking any urgent interlocutory relief.
  11. Entire Agreement
    1. All international conventions that might import contractual terms into this Agreement are excluded, including the United Nations Convention on Contracts for the International Sale of Goods or Services.
    2. Any provision of this Agreement, which is prohibited or unenforceable in a jurisdiction, will be severed to the extent necessary to make this Agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
    3. This Agreement is to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that the Agreement will as far as possible be valid and enforceable by GDI in the relevant circumstance.
  12. The Governing Law
    1. This Agreement is governed by and construed in accordance with the laws of the State of QUEENSLAND and the laws of Australia and the Client agrees to submit to the exclusive jurisdiction of the courts in that State.
  13. Entire Understanding
    1. It becomes effective only when signed by both parties. It is the spirit of this Agreement that this will be a mutually beneficial arrangement for the Client and the Webmaster.  Specific details of our Agreement will be in the Fees and Services Contract.