WEBSITE TERMS AND CONDITIONS OF ACCESS AND USE (“Terms”)
1.1 This website (referred to in these Terms as the Website) and all of its content is owned and operated by APD Projects Pty Ltd ACN 160 512 452) and / or any of its associated entities or related bodies corporate (as defined in the Corporates Act 2001 (Cth)). The owners and operators of the Website shall be referred to in these Terms as “we”, “us”, “our” and similar grammatical forms.
1.2 The material on the Website is copyright © 2021 APD Projects Pty Ltd ACN 160 512 452.
1.3 Access to and use of this Website and its contents is subject to the terms, conditions and notices set out in these Terms and by accessing and / or using the Website and/or any of the content on this Website, you accept and agree to these Terms.
1.4 We reserve the right to amend these Terms at any time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms as amended. Therefore, we suggest you refer back to this page regularly to review any amendments we may have made to the Terms. If you do not agree with these Terms (or any part of these Terms), please do not use and/or access this Website.
2.1 You must not misuse this Website. You agree that you will not:
(a) commit or encourage a criminal offense;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any part of the Website, corrupt data or cause annoyance to other users;
(d) infringe upon the rights of any other person’s proprietary rights;
(e) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(f) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
2.2 Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Further, if you breach these Terms in any way, in addition to any other action we may take against you, we may block your access to this Website.
2.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
3. Intellectual property, software and content
3.1 For the purposes of this clause, “Intellectual Property” means all intellectual property and proprietary rights (whether registered or unregistered) owned or used by us, including but not limited to any processes, formulae, technology, systems, reports, drawings, photographs, images, specifications, software, blue-prints, patents, patent applications, discoveries, inventions, improvements, trade secrets, technical data, research data, software, know-how, logos, registered and unregistered business names, registered and unregistered trademarks and service marks (including any goodwill associated with those trade mark rights), registered and unregistered designs, design rights, copyright and similar industrial, commercial or intellectual property rights and all other similar or equivalent rights subsisting now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term.
3.2 All Intellectual property contained in or made available on this Website is our property and / or the property of any applicable licensors and is protected by copyright laws and treaties.
3.3 You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.
3.4 For the avoidance of doubt, nothing in these Terms shall be construed as a transfer of ownership or a grant of any licence or rights in relation to any Intellectual Property owned by us or any applicable licensors and you agree and acknowledge that you will not use in any way the said Intellectual Property or infringe any of the rights relating to the said intellectual Property.
3.5 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.
4. Information, Content and Material on the Website, Website Use and Limitation of Liability
4.1 You acknowledge and agree that you will use the Website and the information, material and content on the Website in an appropriate and lawful manner.
4.2 You expressly acknowledge and accept that access to the Website is provided on a temporary basis.
4.3 Subject to any non-excludable consumer guarantees and other consumer protection provisions of the Australian Consumer Law, we do not provide any representations, warranties or guarantees that:
(a) the information, material and content displayed on or available through this Website is accurate and / or complete; or
(b) availability of and accessibility to the Website will be continuous, uninterrupted, free from viruses, defector other contamination or free from error,
4.4 We reserve the right to, at any time and at our absolute discretion, without prior notice to you:
(a) temporarily suspend the operations of, or restrict access to, the Website or any part thereof, for updating, maintenance or upgrading purposes or any other purpose whatsoever that we deem appropriate; or
(b) withdraw or vary any of the information, material or content on the Website.
4.5 You expressly acknowledge, accept and agree that your use of this Website and the information, material and content on the Website is at your own risk and that we will not be held liable for any loss, liability or damages arising from the unavailability of the Website and / or any of the information, material or content on the Website at any time or for any period of time.
4.6 To the fullest extent permitted by law and without limiting the generality of clause 5.5 above, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including without limitation to any direct, indirect, special, consequential, punitive or incidental damages, arising out of or related to the use, inability to use, performance or failures of this Website or any of the Linked Sites and any information, content or materials posted on the Website or the Linked Sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
4.7 This clause does not affect our liability for death or personal injury arising from our negligence or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
5.1 You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms.
6. Third Party Websites
This Website may contain links to third party websites (“Linked Sites“). The Linked Sites are not under our control and we accept no responsibility for the conduct of the operators of the Linked Sites or for any loss or damage that may arise from your use of and access to the Linked Sites. Your use of the Linked Sites will be subject to the terms and conditions of use and service contained within each Linked Site. You are responsible for your use and access of Linked Sites and for any information that you provide through such sites.
7. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Variation to Website
We reserve the right, in our absolute discretion, to at any time and without notice, amend, remove or vary any page of, or or any information, content or material on, this Website.
10.1 Any provision in these Terms which are invalid or unenforceable are to be read down, if possible, to such an extent as is reasonable in the circumstances so as to be valid and enforceable, and are otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity of the remainder of these Terms or the enforceability of that provision in any other jurisdiction. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law
10.2 These Terms are governed by the law in force in the State of Victoria. You agree to submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of Australia and that any legal proceedings may be heard in these Courts.
10.3 Headings in these Terms are for convenience only and do not affect interpretation.
If you have any complaints or comments, please contact us in the first instance when they arise so that we may address them via our complaints handling procedure. Our contact details can be found here