Introduction

This website and its contents are owned and operated by Markham Culverts Ltd (Markham Culverts). By accessing and using this website, you agree to be bound by these terms and conditions of use (Terms of Use). You acknowledge that Markham Culverts provides access to this website to you subject to these Terms of Use. If you do not agree with or do not understand these Terms of Use, you should immediately exit the website and you should not use it. Markham Culverts may, without notice and at its sole discretion, change, modify, amend or delete any portion of this website or the material, information and data access or used by, or provided to, you through this website (the Content). You should periodically read these Terms of Use. Your continued use of this website after any such change to these Terms of Use constitutes an agreement by you to abide by and be bound by these Terms of Use, as amended.

In using this website, Markham Culverts reasonably assumes that you are a responsible and careful user. You may not use this website or any of the Content in any way which is unlawful or may cause offense. You may not modify, change or delete any part of this website or attempt to bypass or evade any security measures that are in place for or in relation to this website. You may not reproduce, copy, publish or transmit any part of this website or any of the Content. To do so may infringe Markham Culverts’ or a third party’s intellectual property or other rights. You may not make use of any of the images on this website without the express written consent of Markham Culverts. In providing such consent, Markham Culverts may impose such conditions as it deems appropriate.

You understand and agree that all intellectual property and other rights in this website and the Content are owned by or licensed to Markham Culverts, its associates or principals. The use of images, trade names, trademarks and drawings are subject to copyright and other intellectual property rights owned by or licensed to Markham Culverts, its associates and principals and the use or misuse of such intellectual property is strictly prohibited. Unless you have agreed otherwise in writing with Markham Culverts, nothing in these Terms of Use gives you a right to use any of Markham Culverts’ or any of its associates’ or principals’ trade names, trade marks, service marks, logos, domain names or other distinctive brand features. You agree that, subject to your use of this website in accordance with the limited licence granted to you by these Terms of Use, you will not infringe Markham Culverts’ or any third party’s intellectual property in this website or the Content and will not modify, copy, republish, frame, distribute, communicate or otherwise use any part of this website or the Content in a way which will infringe the intellectual property or other rights of Markham Culverts or any third party.

While Markham Culverts takes reasonable steps to ensure that any information provided to it by you via this website is maintained securely, and in accordance with its Privacy Policy, Markham Culverts accepts no responsibility for breaches of security or unauthorised access that arise as a result of disclosure by users of this website of any such information.

Except as provided by law, this website and the Content are provided “as is” and without any guarantee, warranty or condition, either express or implied. Markham Culverts does not guarantee, represent or warrant that the information, or any advice, opinion, statement or representation, contained in or accessible through this website, or any websites to which access is available through links on this website, is accurate, suitable for your purposes or without errors or omissions. Markham Culverts does not guarantee continued access to or uninterrupted use of this website or that it is virus free. You acknowledge that access and use of this website may be interfered with by numerous factors outside Markham Culverts’ control. Markham Culverts makes no guarantees, representations or warranties in respect of the information and materials available on this website or in any of the Content or the means of accessing that information and material.

Markham Culverts makes no guarantee, warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Markham Culverts which are or may become linked or framed to from this website.

You agree that Markham Culverts is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss), arising as a result of a breach of these Terms of Use, in tort (including negligence) or otherwise arising out of, or in connection with: (a) the use of this website or the Content; (b) the use by Markham Culverts of information provided by you to it through this website; or (c) being unable to access this website for whatever reason and however arising, including (without limitation) negligence. If a mandatory term is implied by law or a mandatory consumer guarantee applies to goods or services provided in connection with these Terms of Use, to the maximum extent permitted by law, Markham Culverts’ liability for breach of the term or guarantee is limited, at Markham Culverts’ option to: (d)in the case of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (e)in the case of services not of a kind ordinarily acquired for personal, domestic or household use or consumption, to either resupply of the services or the cost of the resupply of the services. You indemnify Markham Culverts against any action, liability, damage, proceeding, expense (including legal costs), loss or claim suffered or incurred by Markham Culverts arising from, or which is directly or indirectly related to, your breach of or non-compliance with any term of these Terms of Use.

These Terms of Use are governed by the laws of Papua New Guinea.