BY VISITING OR USING THE RISMARK LIMITED WEB SITE, OR ANY PAGE OF THE WWW.RISMARK.COM.AU OR WWW.RISMARK.CO.UK WEB SITES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE, AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND RISMARK INTERNATIONAL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE WWW.RISMARK.COM.AU OR WWW.RISMARK.CO.UK WEB SITES OR ANY PAGE OF THE WWW.RISMARK.COM.AU OR WWW.RISMARK.CO.UK WEB SITES.

TERMS AND CONDITIONS FOR USE

Definitions

As used in this contract: (a) the term "Agreement" refers to this contract; (b) the terms "you" and "yours," refer to you, a visitor to the Rismark web site, as well as anyone you authorize to visit the Rismark web site on your behalf; (c) the terms "Rismark," "we," and "our" and "ours" refer to RISMARK INTERNATIONAL and any affiliates of Rismark whose products or services are offered on the Rismark web site; and (d) the term "Rismark Web Site" refers to the web sites located at www.rismark.com.au and www.rismark.co.uk and related pages, or any linked pages and web sites hosted or sponsored by Rismark.

Use and Limitations of the Rismark Web Site

You promise that you will not use the Rismark Web Site, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Rismark Web Site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other similar activity. You agree that you will not use the Rismark Web Site in any manner that could damage, disable, overburden, or impair the Rismark Web Site or interfere with any other party's use and enjoyment of the Rismark Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Rismark Web Site.

If and when requested by Rismark, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the permission of Rismark, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Rismark Web Site.

You agree that Rismark may in its sole discretion and at any time terminate your access to and use of the Rismark Web Site, or any part thereof, with or without notice.

The Rismark Web Site contains content and information originated by Rismark, affiliates of Rismark or unaffiliated third parties. Rismark cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. All of the information and materials contained in the Rismark Web Site are subject to change at any time.

E-Signatures and Communications

All electronic communications, including any electronic signatures or identifiers of Rismark, are being transmitted solely for informational purposes. By making an electronic communication, Rismark specifically does not intend to agree, bind, or otherwise consent to any matter for any purpose whatsoever and does not intend that the electronic communication, or any related or associated electronic media or data, to constitute, or to be deemed to constitute, an electronic signature pursuant to any state or federal law or regulation that authorizes the use of electronic signatures.

Electronic communications, including any electronic signatures or identifiers of yours, are not being transmitted solely for informational purposes. By making an electronic communication, you specifically intend to agree, bind, or otherwise consent to any matter for which such electronic signature or identifier was directly and expressly associated. Such electronic communication, or any related or associated electronic media or data, of yours is intended to constitute, or to be deemed to constitute, an electronic signature pursuant to any Australian, U.S. or U.K. law or regulation that authorizes the use of electronic signatures.

Trademarks, Service Marks and Copyright

Copyright in the Rismark Web Site, and in the information and material therein and in their arrangement, is owned by Rismark unless otherwise indicated. Rismark, Rismark International and the associated Rismark logo are registered service marks of Rismark International. Rismark also claims trademark and service mark rights in other marks contained in the Rismark Web Site.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING, BUT NOT LIMITED TO, CONTENT PROVIDED BY RISMARK, A RISMARK AFFILIATE OR A THIRD PARTY THROUGH THE RISMARK WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RISMARK MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. RISMARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RISMARK SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RISMARK WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD RISMARK AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED VIA THE RISMARK WEB SITE.

THE INFORMATION PUBLISHED ON THE RISMARK WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RISMARK OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL RISMARK, RISMARK'S AFFILIATES OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RISMARK WEB SITE, WITH THE DELAY OR INABILITY TO USE THE RISMARK WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RISMARK WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RISMARK WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RISMARK, RISMARK'S AFFILIATES OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RISMARK WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RISMARK WEB SITE. Without limiting the foregoing, you agree to indemnify, defend and hold harmless Rismark, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

MISCELLANEOUS

This Agreement is governed by the laws of Australia and the United Kingdom. You agree and consent to the exclusive jurisdiction and venue of courts sitting in Australia or the United Kingdom in all disputes arising out of or relating to the use of the Rismark Web Site. Use of the Rismark Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rismark as a result of this Agreement or use of the Rismark Web Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Rismark with respect to the Rismark Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rismark respect to the Rismark Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.