TERMS & CONDITIONS
The website www.thebathroomguide.com and all associated digital platforms, social media accounts and mobile applications (together, Website) and the Website’s content, products, materials and services (together, Services) are owned, operated and provided by Fasters Digital Pty Ltd ABN 669 850 373 as trustee for Fasters Digital Trust ABN 57 480 736 253 trading as The Bathroom Guide ABN 83 642 602 649 (The Bathroom Guide, we, us, our) The term ‘you’ refers to any user or browser of the Website or purchaser of our Services.
The terms and conditions set out in this document and any additional disclaimers, policies and legal notices displayed on our Website from time to time (together, Terms and Conditions) govern and explain how you may use the Website and the Services.
It is important that you read and understand these Terms and Conditions. By accessing any information on our Website or using the Services, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing the Website or are using the Services (together, users).
You acknowledge and agree that the use of the Website and Services is at your own risk and that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of the Terms and Conditions, and your use of the Website and Services may be terminated in accordance with the provisions below.
If you are under the age of eighteen (18), you must obtain your parent’s or guardian’s prior consent to use the Website and Services.
These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.
1. WEBSITE PERMITTED USE
The Bathroom Guide prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere with or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes The Bathroom Guides rights or the rights of others.
You may not use the Website or Services, or any part of them, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your personal use, or in a manner not permitted by the Terms and Conditions.
2. SERVICES
The Services aim to provide an online education platform that offers a comprehensive e-course to assist people with learning various skills, techniques and providing time and cost saving advice on bathroom renovation design, planning and successfully management of all facets of the project from start to finish.
Disclaimer
The information, content and material contained in or made available through the Website and Services are provided for general information and educational purposes only. The information is provided in good faith and derived from sources that we believe to be accurate and up to date as at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current, or complete at all times.
None of the content on this Website represents or warrants that the Services are appropriate or effective for you. though we make no guarantees of any specific results from the use of the Website or Services. To the extent that we provide any explicit or implied recommendations of any Services, such recommendations are only general and not specific to any situation. Your reliance on any of our Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability or individual outcomes.
The Services are not to be used as a substitute for professional legal, financial, or building and construction advice and it is the Client’s responsibility to seek independent professional advice and satisfy any queries as necessary prior to proceeding with the Services.
We reserve the right at any time and without notice to modify or discontinue any Services and we shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any Services. Subject to law, we reserve the right to limit the sales of our Services to any person, region or jurisdiction.
3. THIRD PARTY REFERENCES
Recommendations
We may refer to third-party products, services, experts, and other third-party service providers on the Website. Any such reference is not intended as an endorsement or statement that the information provided by the third party is accurate.
We make no representations as to the suitability or reliability of any third-party service providers for you, nor provide any product guarantees. It is your responsibility to conduct your own due diligence, and to make your own determinations about whether any such providers, services or products are fit for purpose or appropriate for you.
Testimonials
Testimonials (visual and written) and any publicity materials displayed on our website are examples of real experiences and opinions of people’s experiences of our Services and are for illustration purposes only. All testimonials and publicity materials are displayed with permission and are of actual people and their personal outcomes, however they are not intended to guarantee you the same or similar results.
Affiliates & Endorsements
We may participate in affiliate arrangements with selected suppliers and service providers. This means that we may earn a commission when you click on or make purchases via affiliate links. We will inform you when one of the links on our Website is an affiliate link and will only affiliate with products, services, experts, and other third-party service providers that we believe will provide value to our clients. You recognise that it remains your personal responsibility to investigate whether any affiliate is right for you. You will not rely on any recommendation, reference or information provided by us and will conduct your own research and will rely upon your own research in deciding whether to purchase the affiliate product or service.
Experts
As part of the Services we may engage third party contributors in various areas of expertise for the benefit of incorporating and passing on their first-hand expert knowledge. The Bathroom Guide will do all things reasonably required to ensure any third-party contributors have the necessary licences, qualifications and registrations to provide the expert content, however we are not responsible for, nor assume liability for the information provided by any third-party contributor. You are responsible to discern the information as it applies and is relevant to you and interpret it as you see fit.
4. THIRD-PARTY LINKS
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.
5. ENQUIRIES & REGISTRATION
By using any current or future messaging service on the Website or subscribing to any current or future newsletter or blog or any Services, you will be added to our email list. If you do not want to remain on our database, you can follow the instructions to update your subscription or data preferences, or unsubscribe from our email communications, or email us at any time at info.thebathroomguide@gmail.com
You agree that the personal information that you provide to us via the Website, which may include, but is not limited to, your title, name, age, gender, address and telephone number (Personal Data), will be true, accurate, current and complete. You acknowledge and agree that The Bathroom Guide (and, if applicable, any relevant third-party facility we utilise) will collect your Personal Data for the purpose of providing our Services. You acknowledge that if we cannot collect this and other Personal Data as requested, we may not be able to provide you with some or all our Services. For more information, please refer to our Privacy Policy.
6. ONLINE COURSES, RESOURCES AND MATERIALS
The Website includes access to our platform (Digital Platform) that enables you and participate in our online courses and purchase or access digital resources (together Digital Products) which aim to provide you with educational tools and resources, including but not limited to pre-recorded coaching videos, knowledge tutorials, written content, tools, pdf workbooks and working templates.
The Digital Products are made available to purchase at specific times, or at all times, and may be subject to availability, at our discretion. The content of the Digital Products may contain a mixture of mediums and materials, including AI generated content and images, live interactive and non-interactive formats.
The content of courses may be delivered in tranches at set times, to be completed in modules, or may all be made available upon access, to be completed in the consumers own time.
By signing up to and/or making payment for the Digital Products, you will be deemed to have read, understood, and agree to be bound by the Terms and Conditions (and the terms of any Associated Third Party). If you do not agree with these Terms and Conditions, you must not proceed with purchasing the Digital Products. If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms and Conditions.
The Bathroom Guide may engage and/or may host and deliver the Digital Products via the Digital Platform, owned and controlled by a third party with whom The Bathroom Guide has a pertinent contractual relationship (Associated Third Party).
By using any such product, service, or functionality originating from the Website, you are allowing The Bathroom Guide to share with an Associated Third Party any information necessary to facilitate its provision of products, services, or functionality to you.
The agreement does it create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between you and us. The Bathroom Guide agrees entered into this Agreement in reliance on the acknowledgements, representations and warranties given by you in these provisions.
The Bathroom Guide does not provide any guarantees as to the quality of the Digital Products whether paid or available for download free of charge. You shall remain solely responsible for assessing the value, risk and implications of using the Digital Products as a source of information and assistance, and for any hardware and software required to access or use them.
The Bathroom Guide is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any third party-platform accessed via the Digital Platform or Digital Products. The Bathroom Guide makes no guarantees about the content or quality of the products or services provided by such sites.
The Bathroom Guide may remove any Digital Products at any time and/or change the timing or method of delivery at their discretion.
User Accounts
To access the Services, you may be required to set up an account on the Digital Platform (User Account) and complete a registration process, where you will be required to provide Personal Data.
You acknowledge and agree any information you provide to The Bathroom Guide will be accurate, correct and up to date; providing false and misleading personal information is grounds for immediate termination of your User Account or ban from the Services without notice.
You are responsible for maintaining the confidentiality of your password and for all activities that occur under your User Account. You agree to notify us immediately of any unauthorised use of your password or User Account or any other breach of security.
Group Participation
Some parts of the Services may incorporate participation in on-line group calls or group forums, such as social media pages, chat groups or messaging, which may be initiated by The Bathroom Guide or by participants.
The Bathroom Guide will do all things reasonably required to ensure the participants of any group are aware of their obligations with respect to confidentiality, however the participants of the group will be responsible for any information they disclose and therefore indemnifies The Bathroom Guide of any obligations of confidentiality with regards to information disclosed to the group by them.
Group calls may be recorded or posts in group forums saved. If the participant does not consent to this, they must notify The Bathroom Guide in writing of their objection and acknowledges they will not be able to participate in some or all of the on-line groups.
Obligations with Respect to Confidential Information
A recipient of confidential information may use the confidential information of the discloser only for the purposes of the group activity; must keep confidential all confidential information of the discloser except to the extent (if any) the recipient is required by law to disclose such confidential information; and must destroy or return all confidential information immediately upon request.
The provisions of confidentiality will be applicable to all the participants of any on-line groups, whether as a recipient or discloser.
For the sake of clarity confidential information means information regarding the disclosers personal or business affairs (howsoever recorded, preserved, or disclosed), which would reasonably be considered confidential having regard to all the circumstances of the disclosure.
7. PAYMENT
Prices
The prices for the Digital Products are quoted and charged in Australian Dollars.
The Bathroom Guide reserves the right to change or alter the purchase price at any time, at their sole discretion, and without notice.
Prices quoted in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed purchases.
Purchases
By purchasing any Digital Products, you understand you have agreed to be bound by the Terms and Conditions and Privacy Policy of the Website.
The Digital Products purchased by you are under a conditional licence and are not sold to you.
For access to the Digital Products, you must pay the fee as provided on the Website and/or at the rate and in the manner specified.
To access the Digital Products, payment must be made in full, unless one of the payment options have been granted to you.
Payment Options
Payment options such as Pay Later, After Pay and instalment plans may be available for purchasing some or all of the Online Courses and/or Digital Products.
Payment options may be subject to additional charges therefore prices may be higher than the original amount, or administrational fee may be added by the facilitator.
It is important you review the breakdown of fees and charges of the Digital Product you are purchasing, as upon the acceptance of the payment option you will be bound by the terms of the fees, which may differ from one product to another, or may be dependent upon your financial or other credentials.
Once a payment plan has been entered into you will be obligated for the full amount of the fees regardless of whether you access or complete the Digital Products.
Gateways and Merchants
We may use payment-processing merchants. By purchasing via our Website, you agree to comply with the terms provided by the payment-processing merchant or payment platform. We or our payment-processing merchant, may securely collect personal information obtained during your purchase or transaction for the products. You acknowledge that if we cannot collect this personal information and other personal information as requested, we will not be able to process your purchase and/or provide you with some, or all our Services. We reserve the right to change the preferred payment gateway from time to time and without notice. For more information, please refer to our Privacy Policy.
Credit Cards, Chargebacks and Payment Security
We may accept credit card payments for the Services via our payment gateway. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence, we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. The Bathroom Guide reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.
Refunds and Cancellation
The Bathroom Guide may, at its sole discretion, cancel the Services or purchase of the Digital Products at any time prior to commencement, with full reimbursement within seven (7) days.
Payment for Digital Products is upfront and are non-refundable, for change of mind, or if you voluntarily decide to withdraw from the Services.
We reserve the right to refuse or grant refunds for the Services.
Any requests for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.
The granting of a refund for any Digital Products will automatically revoke the licence, and access to use, and will require proof of immediate destruction.
8. REVIEWS AND ONLINE COMMUNITY GUIDELINES
The Website and our other digital platforms, mobile applications and social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.
You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website or is in any way connected with the Website.
Reviews
If you enter into a formal agreement with us for Services and the agreement is terminated for breach, you will be prohibited from publishing a review on any public forum and agree to raise any dispute and provide feedback directly with us. The dispute and/or feedback may be subject to obligations of confidentiality.
General community guidelines
It is essential to ensure that all our members of our community adhere to our community guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate any content or incite any behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity, nationality, sexual orientation, age, gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone or restrict another user’s use and enjoyment of the community in any way. The Bathroom Guide prohibits negative, dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are or that you represent someone else or impersonate any other individual or entity for any purpose.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time, we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Services and inform the relevant authorities where appropriate. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
9. MAINTENANCE
The Bathroom Guide is responsible for the support and maintenance of its website only. We may, at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of it, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors, and therefore we do not guarantee the availability of the Website at all times or at any specific times.
10. PRIVACY AND SECURITY OF INFORMATION
Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand and agree to our Privacy Policy as updated from time to time.
While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.
11. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
You acknowledge and agree that the Website and the Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth) whether existing under statute, at common law or in equity, now or hereafter in force.
The Website and Services (including all Digital Products) are the property of The Bathroom Guide and are licenced (not sold) to the Client under this Agreement. The Bathroom Guide grants you a limited, royalty free, non-exclusive, non-transferable, revocable license to access, to use, the Website and Services solely for your personal use and for the educational purposes intended under these terms.
You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Services (and/or any associated usernames/passwords, if applicable) you purchased to any third party or person. In some cases, we may encrypt and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.
We may use AI generated content and images, which to the extent they have the sufficient requisite independent intellectual effort of The Bathroom Guide, will be subject to copyright.
The Bathroom Guide respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services is the original content of The Bathroom Guide or is otherwise provided with the relevant owner’s or owners’ consent and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to them or it.
These Terms and Conditions do not transfer any of our intellectual property rights to you or any third parties. You are granted no rights with respect to or license of our trademarks, service marks and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided, where applicable, with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights for the commercial use or distribution of any names, logos or trademarks, without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of these Terms and Conditions. If you infringe our intellectual property rights or the rights of any third party, we have the right to suspend access to or terminate your use of the Website or Services, and to report you to the relevant authorities or take any actions as appropriate or necessary.
12. TERMINATION OF WEBSITE USE
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:
(a) where you are in breach of any of the Terms and Conditions or any related policies;
(b) where at any time you have committed any act of wilful or serious misconduct;
(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services by the stipulated due date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or any government authority; or
(g) upon a request by you.
If you have entered into a formal agreement for our Services with us, please refer to the agreement in relation to our rights of termination of the Services and consequences of termination.
13. DISPUTES
In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet to resolve the dispute or if they are unable to do so they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be confidential and privileged. If the parties do not resolve the dispute or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternative method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.
14. WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS.
IF TONE & TEXTURE IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT OUR OPTION, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, AND, IN THE CASE OF WEBSITE SERVICES, AT OUR OPTION, THE SUPPLYING OF THE WEBSITE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE WEBSITE SERVICES SUPPLIED AGAIN.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE OR WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND/OR MAKE THE WEBSITE SERVICES UNAVAILABLE FOR INDEFINITE PERIODS, SUSPEND OR CANCEL THE WEBSITE SERVICES AT ANY TIME OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE AND WEBSITE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND WEBSITE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR WEBSITE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE SERVICES EXCEED THE GREATER OF ONE HUNDRED AUSTRALIAN DOLLARS (A$100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST TWELVE (12) MONTHS.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSITE AND WEBSITE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WE DO NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE WEBSITE. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
15. WAIVERS AND INDEMNITY
BY USING THE WEBSITE AND WEBSITE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS AGAINST ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR MISUSE OF THE WEBSITE OR WEBSITE SERVICES OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND, LIMIT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR WEBSITE SERVICES OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS AND CONDITIONS.
16. GOVERNING JURISDICTION
The laws of Queensland, Australia govern these Terms and Conditions and any access to or use of our Website or Website Services. You irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from those courts to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.
17. GENERAL
These Terms and Conditions constitute the entire agreement concerning your use of this Website and the Services and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this Website and the Services.
We reserve the right to amend the Terms and Conditions at any time and to add new or additional terms and conditions on your access to and use of the Website and Services.
Please check these Terms and Conditions regularly before using our Website and Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.
If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed and the remaining portions of these Terms and Conditions will remain in full force and effect.
If we do not exercise or delay in exercising any rights to enforce performance of any of your obligations under the Terms and Conditions, it is not a waiver of our right:
(a) to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that we have waived our rights; and
(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.