Before You Dig Australia Limited (BYDA) Disclaimer / Indemnity
By entering and using the services provided by BYDA (Services) you agree to the following:
In consideration of the provision of the Services by BYDA (including any new services provided from time to time) and notwithstanding any other agreement of BYDA and you or an owner of underground assets (Member/Participant) to the contrary or any representation of BYDA to the contrary, you acknowledge that, to the maximum extent permitted by law, BYDA, its employees, its Members, agents, suppliers, contractors and consultants are not responsible for any actions, liabilities, losses, damages, costs, claims or expenses arising in respect of personal injury, death or any damage to or loss of any property (including a users or Member’s/Participant’s assets) or otherwise, including without limitation any special, incidental, consequential, indirect or punitive damages, costs, expenses or losses of any kind, loss of profit (whether direct or indirect), loss of revenue, loss of management time, opportunity costs, failure to realise anticipated savings or financial loss in any way arising out of or in relation to the Services whether or not as a result of a user of any of the Services undertaking excavation or other activity or the provision of services, failure to provide Services by BYDA, its employees, its Members, agents, suppliers, contractors or consultants, including any negligent act or omission or default (including wilful default) of BYDA, its employees, agents, suppliers, contractors or consultants.
The provisions of this disclaimer shall apply regardless of the cause of action whether in contract, tort (including negligence) or otherwise. Without limiting the above, BYDA, its employees, its Members, agents, suppliers, contractors or consultants are not responsible to any person for:
- the currency, accuracy or completeness of information supplied by any Member/Participant to BYDA which may include information indicating the general location of its “fields of interests”, being locations where the Member/Participant has underground assets;
- the currency, accuracy or completeness of information received by BYDA from any user of the Services as to proposed excavation activity;
- the failure of any user of the Services to avail itself of the Services, and the failure of any user of the Services to use or correctly or accurately interpret information supplied to it by any Member/Participant; and
- any delays in respect of the delivery or supply by BYDA of information sought, as BYDA is reliant on the user and/or the Member/Participant to provide such information requested in a timely manner.
To the maximum extent permitted by law, BYDA specifically excludes any conditions, terms or warranties that may be implied to, or in respect of, the provision of these Services, and to the extent that any such condition, term or warranty or liability cannot be excluded, BYDA’s liability for breach of such implied term, condition or warranty is limited to the resupply of the Services provided by BYDA, or the payment of the reasonable cost of having the Services supplied again.
You expressly acknowledge and agree that BYDA does not maintain information regarding underground or above the ground assets and that there are owners of underground assets which do not participate in the referral service operated by BYDA. Therefore you agree that BYDA cannot, and does not, make any representations or warranties as to the accuracy, reliability or completeness of the information provided in response to an enquiry and that BYDA will only inform the Member/Participant of enquiries in accordance with these terms.
You agree to indemnify BYDA, its employees, its Members, agents, suppliers, contractors and consultants against all liabilities, costs, claims, expenses or loss (including without limitation any special, incidental, consequential, indirect or punitive damages, costs, expenses or losses of any kind, loss of profit (whether direct or indirect), loss of revenue, loss of management time, opportunity costs, failure to realise anticipated savings or financial loss) suffered by BYDA, its employees, its Members, agents, suppliers, contractors or consultants arising from:
- any incorrect or incomplete information provided to BYDA or the failure to provide information to BYDA; and
- the failure to use or correctly or accurately interpret information supplied to you by the Member/Participant.
BYDA does not represent or warrant that you or any user of this Service will achieve any particular objective, or guarantee any outcome by using this Service. Whilst every endeavour has been made to provide information that is accurate and reliable, BYDA provides this Service in good faith and merely facilitates communication and the exchange of information between the users of this Service and Members/Participants.
You may only use this Service for the purposes for which BYDA intended. BYDA reserves the right to deny you access to the Service for any reason, including for misuse of the Service or if you use the Service or any data generated by the Service to generate income without the prior written agreement of BYDA.
By using the Services you assume all risks associated with the use of byda.com.au, including risk to your computer, software, or data being damaged by any virus which might be transmitted or activated via the website or your access to it. By using the Services, you release and discharge BYDA from all liability which might arise in respect of your use of the site.