- USE OF RENOVATING.COM.AU
You engage Renovating.Com.Au Pty. Ltd. ACN 116 469 133 (“Company”)
to use the Company’s Website to either:
(a) Display information regarding your renovation products or services;
or
(b) Search for information regarding renovation products or services,
(collectively “renovating.com.au Services”)
in accordance with these Terms and Conditions.
- COMPANY SERVICES
Subject to clause 4, from time to time, the Client may access the Website
to either:
(a) Display information regarding the Client’s renovation products
or services; or
(b) Search for information regarding renovation products or services,
- OBLIGATIONS OF THE CLIENT
The Client covenants and warrants that:
(a) it will not reproduce, adapt, upload or link to any of the material
on the Website without the prior consent of renovating.com.au;
(b) it will uphold the good name and protect the goodwill of the Company
at all times;
(c) it will conduct itself in a professional manner at all times and
honour its obligations under these Terms and Conditions;
(d) it will not make use of the Website for any illegal activities or
any activities which are likely to cause loss, cost, expense or damage
to renovating.com.au;
(e) it will not interfere with or disrupt the access of other users
of the Website in any way;
(f) it will not place on the Website any material which are unlawful,
harassing, libellous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind;
(g) all information provided by the Client to the Company which relates
to the Client in any way is true and accurate in every detail; and
(h) it will observe and be bound by the Acceptable Usage Guidelines.
- POWERS OF RENOVATING.COM.AU
The Client agrees that:
(a) the Company at its sole and absolute discretion may refuse to allow
the Client to access the Website, without notice to the Client;
(b) the Company may modify the Website in any way, without notice to
the Client;
(c) the Company may modify these Terms and Conditions without notice
to the Client and such modifications will apply from the time that they
are made; and
(d) The Company may require a Client to use a different method of accessing
the Website from time to time, including without limitation, the use
of a user name and/or password.
- REPRESENTATIONS AND WARRANTIES
The Client acknowledges and agrees that the Company has not made any
representation or given any warranties:
(a) In relation to the Website; or
(b) In relation to the information regarding renovation products or
services provided by the Company via the Website or otherwise.
- INDEMNITY
The Client indemnifies and keeps indemnified renovating.com.au, its
employees and sub-contractors on demand against any loss, expense, cost,
damage, claim, demand, suit, action, proceeding, judgement, order of
a court or tribunal, legal fees (on a solicitor and own client basis)
which the Company pays, suffers or incurs or is liable for in respect
of:
(a) Any negligent act or omission of the Client;
(b) Any act or omission of the Client which is intended by the Client
to cause damage in any way to renovating.com.au;
(c) Any breach by the Client of these Terms and Conditions; or
(d) The failure of the Client to comply with these Terms and Conditions.
- DISCLAIMER
(a) The Company gives no express warranty in relation to the supply
of the renovating.com.au Services and the Client acknowledges that it
has not relied on any representation or warranty made by or on behalf
of the Client in relation to the renovating.com.au Services.
(b) Any warranties or conditions implied by law, either by statutory
instrument or otherwise, are expressly excluded to the extent that such
warranties and conditions in respect of the renovating.com.au Services
may be lawfully excluded.
(c) To the extent permitted by law, if the Company is or becomes liable
to the Client in any manner whatsoever for breach of warranty or in
relation to the supply of any defective renovating.com.au Services,
then the Company’s liability will be limited solely to the price
paid by the Client for the renovating.com.au Services (if any) or the
cost of their re-supply, whichever the Company elects.
(d) The Client acknowledges that it has undertaken its own inspections
and made its own independent enquiries in reaching its decision to use
the renovating.com.au Services pursuant to these Terms and Conditions.
- TERMINATION
(a) The Company may terminate this agreement at any time without notice.
(b) Upon termination, the Company may remove the Client’s access
to the Website; and
(c) The obligations of the Client under clauses 4, 5, 6, 7, 9, 10 and
11 survive the termination of this agreement.
- ASSIGNMENT
(a) The Company may assign its rights and liabilities arising under
these Terms and Conditions.
(b) The Client is not entitled to assign or purport to assign any of
its rights or liabilities under these Terms and Conditions without the
prior written consent of the Company (which consent may be withheld).
- ACCEPTABLE USAGE GUIDELINES
The Client agrees that the Acceptable Usage Guidelines form part of
these Terms and Conditions and if there is any conflict between these
Terms and Conditions and the Acceptable Usage Guidelines, then these
Terms and Conditions will prevail.
- GENERAL
(a) Each party warrants by executing or agreeing to abide by these Terms
and Conditions that they have obtained independent legal and financial
advice on these Terms and Conditions.
(b) An obligation imposed on two or more persons binds each of them
jointly and severally.
(c) If any provision of these Terms and Conditions is held to be invalid
or unenforceable in whole or in part the provision is ineffective only
to the extent of the invalidity or unenforceability and the validity
or enforceability of all other provisions of these Terms and Conditions
are not affected.
(d) A party may validly give a notice to another party only by:
- personally serving the notice on the other party (the notice is
treated as received at the time of service of the notice);
- leaving the notice at the address of the party as specified in
these Terms and Conditions or as otherwise notified in writing by
that party to the sending party at any time (the notice is treated
as received at the time the notice is left at the relevant address);
- posting the notice by prepaid post to the address of that party
as specified in these Terms and Conditions or as otherwise notified
in writing by that party to the sending party from time to time
(the notice is treated as received 5 days after the date on which
it is posted);
- emailing the notice to the email address of the other party and
the email will be deemed to have been received within 24 hours of
the time that the email is sent; or
- sending the notice by facsimile, without transmission error (the
notice is treated as received on production of a “successful
transmission” notice) to the facsimile number of the party.
(e) The Client is bound under these Terms and Conditions not only in
its own capacity but also in its capacity as trustee of each trust of
which it is trustee.
(f) These Terms and Conditions are governed by, and must be construed
in accordance with, the laws of the State of Victoria in the Commonwealth
of Australia and the parties irrevocably submit to the exclusive jurisdiction
of the courts of the State of Victoria and the courts of appeal from
them.
(g) Waiver of a breach of, or default under, these Terms and Conditions
or of any right, power, authority, discretion or remedy created or arising
upon a breach of, or default under, these Terms and Conditions:
- is not waived by any failure to exercise or delay in exercising
or partial exercise of any right, power, authority, discretion or
remedy under these Terms and Conditions; and
- must be in writing and signed by the party granting the waiver.
(h) Each party must do all things and execute all further documents
necessary to give full effect to these Terms and Conditions.
- There are no other representations, promises, warranties, covenants
or undertakings between the parties and these Terms and Conditions
supersedes all previous agreements in respect of its subject matter
and embodies the entire agreement between the parties.
- DICTIONARY
The following words have these meanings in these Terms and Conditions
unless the contrary intention appears:
| Acceptable Usage Guidelines |
means the Acceptable Usage Guidelines which govern the use of
the Website. |
| Company |
means Renovating.Com.Au Pty. Ltd. ACN 116 469 133 |
| renovating.com.au Services |
means all of the services provided by renovating.com.au to the
Client pursuant to these Terms and Conditions. |
| Client |
means the person who accesses the Website in accordance with
these Terms and Conditions. |
| Website |
means http://www.renovating.com.au or such other website operated
by the Company from time to time from which the Company provides
the renovating.com.au Services. |
|