1. Using our website
We provide our Website to show you information about our goods, to help us connect with you and to provide general information and relevant content that you may be interested in. You must not use the Website for any purpose other than its intended purpose, and you must not harm our Website in any way. When using the Website you must not act fraudulently, or provide us with false, inaccurate, infringing or misleading information. Parts of our Website may allow you to comment or submit your content, and in doing so you must not post anything that is inflammatory, racist, abusive, harassing, obscene, sexually explicit or that violates any Australian law or the rights of any person.
Content on our Website is provided solely for your reference purposes. We include information for your convenience as a general summary of matters current at the time of posting that may interest you. The contents do not constitute medical and/or financial and/or legal professional advice and are not intended to be a substitute for medical and/or professional advice and should not be relied upon as such. We make no warranties that the information published by us is correct. You should seek professional advice in relation to any matters that you have.
The information you provide us and your use of the Website must not:
- create liability for us;
- infringe any third party’s privacy rights;
- infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
- violate any applicable laws (including those governing privacy, consumer protection, unfair competition, criminal law, racism or antidiscrimination or trade practices law); or
- be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing.
If you provide us with any feedback, ideas, modifications, suggestions, improvements or other content you agree that we may, at any time, without restrictions exploit, copy, republish, edit, or otherwise use such content on any medium worldwide (including on the internet). We will not be required to pay you any compensation for such content (regardless of our use). We have no obligation to review any content or otherwise remove any content that may be unlawful, offensive, threatening, defamatory or obscene.
Any reviews submitted to us will be our property on and from its creation and we will be able to deal with it unrestricted. Without limiting this right, we may remove any review, and use any review on our Website or on any medium online worldwide (including social platforms) at our discretion (regardless of the content). To the extent necessary you must assign all rights, title and interest in such reviews as required by this clause.
Your use of this Website is by personal, non-exclusive licence granted by us strictly in accordance with these Terms of Use. This Website is only available to, and may only be used by, persons who can form legally binding contracts under applicable laws. If you do not qualify, you must not use the Website.
2. Intellectual Property
We remain the owner of the Website and all intellectual property rights associated with the Website (including without limitation trade marks, logos, names, designs, content, videos, logos, images and source code) and any improvements or modifications to such intellectual property. We ask that you do not copy, reproduce or modify any of our Website for any purpose except where we give you our prior written consent or sharing is otherwise permitted (as noted below).
When you provide us with information you agree to allow us to distribute or use that information as we consider necessary and in accordance with our Privacy Policy accessible on the Website.
We are not responsible for any loss that may occur from you submitting your information to us.
3. Customer Portal & Account
We may permit existing customers to access a customer portal on the Website where you can view your orders, print invoices and compliance certificates, view proof of delivery and other information which we choose to make available to you.
We are not required to make available any customer portal at any time, and we may in our discretion determine what functionality and information any such portal displays.
We may require you to set up an account with a username and password to gain access to the customer portal. If we do, you will be responsible for keeping the combination of these details confidential and you are responsible for any actions that occur through your account (whether directly or indirectly).
If we permit you to connect to the Website using a third-party service (e.g. Facebook or Google+), you grant us permission to access, store, and use the information from that service as permitted by that service.
In the event that we permit you to have access to a customer portal, we may also permit you to invite other staff to access your information, in which case you may be able to set permissions for them and they will need to create an account to access the information.
4. Access and Termination
We reserve the right, at any time and without prior notice, to remove or disable your access to the Website or any part of it, including your Account, for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Website.
These Terms of Use will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.
5. Sharing
We may make content available for you to share on the Website. Where such content is made available, you must ensure that such sharing is properly credited to us including a link back to us, and comply with any other instructions we may specify. Your licence to share such content is by revocable and limited right. Where you share our content, you do so at your own risk. We will not be liable in any respects for any content that you share.
6. Links
Our Website may contain links to or from other third-party websites which we have no control over. We are not responsible for the content or use of these other websites (including any virus, or disturbing or harmful content) and you access them at your own risk.
In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
7. Liability and Indemnity
The content pro¬vided on the Website and in any linked or referred to mate¬ri¬als or websites, including without limitation content which is displayed when you use our comparison tool on the Website (“Content”) is not and should not be con¬strued as advice which is fit for any purpose. Our Content and the Website is provided “as is” and we make no representations and give no warranties or guarantees as to the suitability, accuracy or quality of the Website. We do not guarantee that the Website or the Content will be free from errors or defects, or that the Website will be accessible at all times.
You acknowledge and agree that:
- no information provided by us constitutes advice to you;
- nothing in the Content is a promise or guarantee of results or suitability for any purpose;
- we do not guarantee the quality, suitability, reliability, accuracy and usefulness of the Content;
- we do not represent or warrant that any Content will meet your particular requirements, whether those requirements are disclosed to us or not;
- you should not rely on any Content in making any decisions of any kind. You should verify the accuracy of any Content with a qualified builder and/or architect or other appropriately qualified professional before relying on it;
- you assume total responsibility for your use of the Content; and
- you acknowledge that you are solely responsible for your use of the Content and the Website.
Your use of the Website is at your own risk and to the extent permitted by law, we exclude all liability of any kind, however arising, including any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, or any indirect or consequential loss resulting from your use of the Website. Our total liability is limited to $1, however where we cannot limit our liability to $1 by law then our liability will be limited to the cost of re-supply of the relevant services (being the provision of the Website to you), or refunding the amount paid by you to us in connection with the services (if any).
You agree to indemnify and release us and our related entities from and against all losses (as before mentioned) which we may incur in respect of any negligence, misuse of the Website, other act or omission, or any breach of these Terms of Use by you.
8. Security & access
You are solely responsible for any information that you transmit to us. Whilst we use reasonable endeavours to maintain the security of the Website to Australian standards, we do not guarantee the security of the Website, our records, or any information you submit to us. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access.
9. Privacy
By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you, and for any other purposes we consider reasonable. Such use will be compliant with the terms of our Privacy Policy (accessible on the Website).
10. Groups
Where we use social media pages or groups run by us, such pages will only be used to advertise our goods and services and to facilitate community interaction. Such terms found herein as they relate to providing information will apply to your use of our social media pages or groups.
11. Applicable law
These Terms of Use, and your use of our Website are governed by the laws of Queensland, Australia and you agree to submit to the jurisdiction of the Courts of the State of Queensland, Australia and Courts competent to hear appeals.
12. Definitions
Unless the context requires otherwise, the following words and phrases in these Terms of Use shall have the following meanings:
Website means bradnams.com.au including all content, trade marks, and related services, goods, websites, tools and applications;
you means the person or entity that accesses the Website and your has a corresponding meaning.
