Appen Butler Hill Pty Ltd
ACN: 088 829 556
ABN: 52 088 829556

Terms & Conditions

The following terms and conditions (Terms and Conditions) govern your use of, and any content made available from or through this web site (Site).

The Site is owned and operated by Appen Butler Hill Pty Ltd (ACN: 088 829 556) (we, us and other similar expressions).

Your use of, and access to, the Site indicates your acceptance of these Terms and Conditions.

1. Proprietary Rights

Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.

You may download a single copy of any content contained on the Site, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content.

Content on the Site is solely for your personal, non-commercial use. You agree to abide by the copyright notices, information or restrictions contained in any content.

If you make other use of the Site, or the services, content, code, data or materials on the Site or available through the Site, except as otherwise provided above, you may violate copyright and other laws of Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.

2. Privacy Policy and Personal Information

If you supply personal information to us for any reason, we will treat that personal information in accordance with our Privacy Policy, which is available online for you to read or print out. To see our Privacy Policy click here.

3. Content

In general, the content available on or through the Site originates from us unless expressly stated otherwise. This information is presented for the purposes of promoting the services we supply and providing information about us to our customers or contractors. We make no representation about the accuracy of the content that has not expressly originated from us.

You must evaluate, and bear all risks associated with the use of content available on or accessible from the Site, including your reliance on the accuracy, completeness, or usefulness of it.

4. Dealings with us

We only appoint contractors to supply services to us on our standard contractor terms and conditions which may be accessed when you are accepted as a supply contractor.

5. Cookies

We may store so-called "cookies" on your computer when you visit the Site, register for any service and/or make enquiries.

Cookies allow us to recognise your computer the next time you visit us.

Most Internet browsers are set to accept these cookies automatically and you may determine cookie use independently through your browser settings.

The type of information we collect as a result of a cookie is specific to your computer and may include information that you supply yourself, and what parts of the Site are visited. A cookie cannot read data off your hard disk or read cookie files created by other sites.

6. Trade Marks

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Site, or on content available through the Site, are registered and unregistered Trade Marks of Appen Butler Hill.

Nothing contained on the Site is to be construed as granting (expressly or by implication) any license or right to display, use or link to the Trade Marks, whether registered or unregistered, without our prior written consent or the prior written consent of the relevant third party owner.

7. Linking to Site

You agree that if you include a link from any other web site to the Site, such link must link to the full version of an HTML formatted page of the Site.

You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another web site.

You agree not to link from any other web site to the Site in any manner such that the Sites, or any page of the Sites, is "framed", surrounded or obfuscated by any third party content, materials or branding.

We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time without notice to you.

8. Our Liability

The Trade Practices Act 1974 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision goods or services on the Site which cannot be excluded, restricted or modified by us (Non-Excludable Rights).

We do not exclude any Non-Excludable Rights but do exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

  1. all content and services on the Site is provided "as is" and without warranties of any kind, either express or implied;
  2. and our suppliers and contractors expressly disclaim all warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;
  3. we do not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components; and
  4. Appen Butler Hill does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on our part) will we or our affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of, or access to, or any inability to use or access, the Site or the content.

To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:

  1. in the case of services supplied or offered by us:
    1. the supply of the services again;
    2. the payment of the cost of having services supplied again; and
  2. in the case of goods supplied or offered by us:
    1. the replacement of the goods or the supply of equivalent goods; or
    2. the payment of the cost of replacing the goods or acquiring equivalent goods.

9. Limitation

We and our employees, contractors and agents are not liable for damage, economic loss or loss of profits whether direct, indirect, general, special or consequential:

  1. arising out of a breach of an implied or express term, condition or warranty; or
  2. suffered as a result of the negligence of us or our employees, contractors or agents apart from liability as set out in the previous clause.

10. Varying These Terms

We may vary these Terms and Conditions from time to time without notice to you. It is important that you regularly review these Terms and Conditions, as the terms and conditions in force at the time you access the Site will be the ones that govern such access and use.

11. Severance

If a provision of these Terms and Conditions is read down and is still void or voidable against, or is unenforceable by, a party:

  1. if the provision would not be void or voidable or unenforceable if a word or words were omitted, that word or those words are to be severed; and
  2. in any other case, the whole provision is to be severed,

and the remainder of these Terms and Conditions has full effect.

12. Applicable Laws

We control and operate the Site from our offices in Australia in accordance with the laws of New South Wales, Australia. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.