Intellectual property and restrictions on use of Content on the Website
Links to third party websites
If the Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Balista, and Balista is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Balista provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Balista. You link to any such website entirely at your own risk.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Balista of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Balista does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind. b) Balista and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Balista does not warrant that the functions contained in any Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Balista does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Balista) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Balista) will Balista be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.
This agreement will be governed by and construed in accordance with the laws of Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.