This website at www.reefcoastconstructions.com.au (“Site”) is owned and operated by Reef Coast Constructions Pty Ltd ABN 64 112 283 851 (“We”, “Us”, “Our”).
Your access to and use of the Site is subject to these Terms and any other policies published on the Site from time to time. By using the Site, You are deemed to agree to these Terms and all Policies. PLEASE READ THESE TERMS CAREFULLY BEFORE VIEWING THE SITE OR USING THE SITE.
We may amend these Terms at any time at Our discretion. Please review the Terms and Our Policies periodically as Your continued use of the Site indicates Your agreement to any changes made. All amended Terms and Policies shall automatically be effective from the time and date of appearance on Our Site (unless otherwise stated). If You do not agree with such changes, You must cease to use the Site.
1. DEFINITIONS & INTERPRETATION
In these Terms unless inconsistent with the context or subject matter:
- “Content” includes any material, text, information, pictures, tools, sound, graphics, video and other data forming part of or contained in the Site from time to time whether in written form or otherwise;
- “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in the Site including the Content, the name “Reef Coast Constructions”, our logo, and any right to have information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms;
- “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production, loss of life and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data production stoppage, or consequential or indirect loss or damage howsoever arising or caused, including, without limitation, negligence, tort, contract or statute;
- “Policy” means any policy of Ours in place from time to time including without limitation any policy relating to privacy, fees, refunds, feedback or our services;
- “Related Entity” has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
- “User” means any person who uses the Site or any part of it for any purpose whatsoever and includes You;
- “User Information” means any information (including a name, address, company or business name, ABN, telephone number, email address, postal address and applicable billing information) or documents made on or supplied to Us or the Site by a User.
In these Terms, unless inconsistent with the context or subject matter:
- a reference to a person includes any other legal entity;
- a reference to a legal entity includes a person;
- words importing the singular number include the plural number;
- words importing the plural number include the singular number;
- the masculine gender must be read as also importing the feminine or neuter gender;
- a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
- headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of User is used, in which case clauses under that subheading relate to the party referred to in the subheading;
- where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
- a reference to a statute includes all regulations and subordinate legislation and amendments;
- references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes email and fax;
- a reference to a monetary amount is a reference to an Australian dollar amount (unless otherwise specified);
- an obligation of two or more parties binds them jointly and each of them severally;
- an obligation incurred in favour of two or more parties is enforceable by them severally;
- references to time are to local time in Queensland;
- where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
- a reference to a business day means any day on which trading banks are open for business in Queensland;
- if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
- a reference to a month means a calendar month; and
- a reference to data includes metadata.
- Read-only access to the Site is free.
- We grant to You a non-exclusive, non-assignable licence to use the Site in accordance with its normal and intended functionality and for personal use only and strictly in accordance with these Terms and any Policy. Any use of the Site not specifically permitted, designed or intended is strictly prohibited.
- You acknowledge and agree with Us that You will not, as a result of being granted a non‑exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Site, Content or any part of it, other than the non-exclusive rights granted in accordance with these Terms.
- The non-exclusive licence does not include the right to use any data mining robots or other extraction tools and does not permit You to metatag or mirror the Site without our prior written permission.
- In order to use the Site, You require the equipment and connections necessary to access the World Wide Web. You are responsible for:
- the provision of any such connection or access to the World Wide Web;
- the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
- the provision of all equipment necessary for You to make any such connection to the World Wide Web, including a computer and a modem.
- If You provide us with a review or testimonial, You permit us to post or otherwise transmit the review or testimonial on this Site and on our social media or other channels at Our discretion. You can request that your review or testimonial be removed at any time.
- We may immediately terminate access to the Site in the event of:
- continued breach of these Terms or any Policy by a User;
- technical or security issues or problems; and/or
- prolonged force majeure;
- a decision to discontinue at Our absolute discretion.
- We may exclude any User from using the Site, at any time and at Our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any termination or exclusion.
3. NATURE OF SITE
- We strive to ensure that our Content and Site are described as accurately as possible, however We do not warrant that the description is accurate. Where We become aware of any misdescription, error or omission, We reserve the right to correct it. Images have been provided for illustrative purposes only.
- The Content is general information only and is not comprehensive. The Content has not been created with your specific needs, objectives or circumstances in mind and is not professional advice.
- We are not responsible under any circumstances, including negligence, for any errors or omissions, or for the results obtained from the use of the Site. In no event will We or any Related Entity, officers, directors, agents, employees, consultants or contractors be liable to a User or any third party for any decision made or action taken or omission in reliance on the Site provided or for any Loss, even if advised of the possibility of such Loss.
- Without limiting any other clause, to the extent permitted by law, the Site is provided with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of it, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
4. YOUR OBLIGATIONS
- You must comply with all clauses of these Terms and all Policies and all other terms and policies incorporated by reference.
- You must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding Your use of the Site.
- Your access to and use of the Site and any User Information, must not:
- be false, inaccurate or misleading;
- be fraudulent or deceptive;
- impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity;
- infringe any third party’s copyright, patent, trade mark, design, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
- violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law such as the Competition and Consumer Act 2010 (Cth));
- be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
- be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
- contain comments of a religious, political or social nature;
- contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Site;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- create liability for Us or cause Us to lose (in whole or in part) the Site of Our internet service provider, other Users or other suppliers;
- damage the credibility or integrity of the Site or Us;
- breach or violate any Policy;
- link directly or indirectly to or include anything that:
- You do not have a right to link to or include;
- could cause Us to violate any applicable law, statute, ordinance or regulation.
- You acknowledge and agree that You must not:
- commit or permit any act which may interfere with the access to or use of the Site by any other User;
- use the Site to send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation to any person or company;
- attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
- tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
- damage or modify the Site or any part thereof;
- reverse engineer, decompile or disassemble the Site or any part thereof;
- copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site or any part thereof; or
- modify, alter, adapt, disassemble, reverse engineer, decompile or amend any Content or any part thereof in any way.
5. LINKS AND ADVERTISING
- The Site may contain links to third party websites. Those websites are not under Our control and We are not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites. Neither Us nor any Related Entity or Our officers, directors, employees or agents recommend or endorse the content of any third party websites which may be linked to or from the Site, or goods or Site of any third party organisations mentioned or described on this Site or linked to or from the Site. You acknowledge that You enter any third party websites at Your own risk.
- The Site may contain advertisements for third parties’ goods and/or Site. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Use nor any Related Entity or Our officers, directors, employees or agents recommend or endorse the goods or Site that may be advertised on the Site, nor do they offer the goods or Site for sale or make any other representation whatsoever about them. If You choose to order a good or service advertised by a third party on the Site, You do so at Your own risk.
- You must not link the Site from any other website not owned or operated by Us without Our prior written consent.
- We may make upgrades and updates to the Site or Content from time to time but are not obliged to do so. No minimum service levels are offered or agreed.
- Such upgrades or updates may occur automatically and remotely with or without prior warning and within or outside of business hours as determined by Us.
- You acknowledge and agree that these Terms apply to updates, supplements, add on components, or internet-based components of the Site together with any other terms along with the update, supplement, add on component or internet-based components which We provide.
- We reserve the right to discontinue any internet-based components provided to You or made available to You through the use of the Site at any time.
7. INTELLECTUAL PROPERTY
- The Site and all parts thereof, including the Content, are protected by copyright and other proprietary rights and remain the property of Us immediately upon creation and at all times thereafter.
- You acknowledge and agree that We own the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to You other than the rights granted expressly by these Terms.
- You must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as Your own.
- You undertake not to take or permit or omit any action which would or might:
- invalidate or put in dispute Our title in the Intellectual Property or any part of it;
- oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
- support any application to remove or undo Our title in the Intellectual Property or any part of it; or
- assist any other person directly or indirectly in any of the above.
- Without limitation, the “Reef Coast Constructions” name and logo are owned by Us, and may not be used as part of Your business or in connection with any goods or website without Our prior written consent which shall be given, given with conditions or withheld at Our absolute discretion.
- You acknowledge and agree that You will not copy, reproduce, alter, modify, create derivative works, or publicly display the Site or any part of the Content unless with the prior written consent from Us or the appropriate third party authorised to grant such permission and when doing so You must acknowledge Us and, for electronic uses, include a link to Our Site.
- We may at Our sole and absolute discretion refuse or remove any Content or User Information from the Site.
8. WARRANTIES AND DISCLAIMERS
- To the extent permitted by law, We provide the Site and Content on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory.
- Without limiting these Terms and to the extent permitted by law:
- We specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement;
- We do not guarantee continuous, uninterrupted or secure access to the Site or Content, and You acknowledge that operation of the Site may be interfered with by numerous factors outside Our control including without limitation operator error, power failures, malicious interference, any downtime or interferences of the network provider or any other third party provider or contractor or other lack of coverage of the network used for the purpose of providing the Site;
- We make no representations or warranties of any kind, express or implied that:
- the Site will provide any function for which it is not specifically designed;
- the Site will provide any minimum level of performance;
- the Site will meet Your needs or requirements;
- the Site will be virus free or free of performance anomalies or be operational without interruption;
- use of the Site will result in any particular outcome or benefit;
- the Content is complete, accurate, reliable, up-to-date or suitable for any particular purpose;
- Your access to or use of the Site (including any related or linked websites), will be uninterrupted, timely, secure or error-free;
- the Site will be free of inaccuracies or typographical errors; or
- any errors will be corrected.
- You warrant that You have not relied upon any representations, warranties or conditions offered or made by or on behalf of Us except to the extent expressly set out in these Terms.
- You warrant that You have the legal right and power to enter into these Terms.
9. LIMITATION OF LIABILITY
- To the extent permitted by law, in no event shall We or any Related Entity, officers, directors, employees, agents, contractors or suppliers be liable for to You or any third party for any Loss arising out of or in connection with:
- Our Site or any part of it;
- the fact that any Content is incorrect, incomplete or out-of-date;
- any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
- loss or corruption of data, line or system failure or the introduction of a computer virus or other technical sabotage;
even if We are advised of the possibility or likelihood of such Loss.
- The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
- You release Us and any Related Entity and our officers, directors, employees, agents or related bodies corporate from its liability for any Loss arising out of the use or inability to use or reliance on the Content even if we have been advised of the likelihood of such Loss and whether or not caused by any negligent act or omission.
- Without limiting these Terms, You release Us from any Loss arising from the use of, or reliance on, the Site, whether or not caused by any negligent act or omission including but not limited to:-
- Your reliance on the Site;
- other Users’ content, actions or inactions;
- loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Site or any part of it;
- the statements or actions of any employee or agent of Ours;
- information, data or other material provided to You by Us;
- any unauthorised access to or alteration of Your transmissions or data including User Information;
- any information that is sent or received or not sent or received;
- any failure to store or loss of data or files or other content;
- Your fraudulent, negligent or otherwise unlawful behaviour;
- Your breach of these Terms.
- You agree to indemnify and hold Us and any Related Entity, and Our officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including solicitors’ fees and claims made by third parties, due to or arising out of or in connection with:
- Your access to or use or misuse of the Site;
- Your breach of these Terms or any Policy;
- Your violation of any law or the rights of a third party;
even if We had been advised of the possibility of Loss.
- This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after Your use of the Site ends. It is not necessary for Us to suffer or incur any Loss before enforcing a right of indemnity under these Terms.
- Without limiting any other clause, You acknowledge that:
- the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
- You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site including Content; and
- We may change any of the Content at any time without notice but have no obligation to do so.
- Accessing or using the Site or any part of it and uploading User Information is done so at Your own risk and You will be responsible for compliance with the laws within Your jurisdiction.
- We will not be liable by reason of the failure in the performance of obligations under the Terms by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond its reasonable control, including any form of technological failure or the actions of third parties.
- Publication of electronic addresses in the Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
- Access to the Site is only available to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site are not available to persons under 18 years of age. If You do not qualify, do not use the Site.
- We operate the Site from offices based in Australia and server hosts based in Australia. Content contained on the Site may not be appropriate or available for use in other locations. If You access the Site from other locations, You do so at Your own initiative and risk and You are solely responsible for compliance with local laws.
- These Terms are governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland. The parties submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them. However, for Our exclusive benefit, We also retain the right to bring proceedings for urgent or injunctive legal or equitable relief in the courts of Your country of residence or Your principal place of business.
- These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
- If a clause of these Terms are void or unenforceable it must be severed from these Terms and the clauses that are not void or unenforceable are unaffected by the severance.
- You agree that these Terms and all incorporated agreements may be assigned by Us, in Our sole discretion, to a Related Entity or third parties. You may not assign these Terms without Ours express prior written consent.
- Our failure to act with respect to a breach by You or others does not constitute a waiver of that breach or waive Our right to act with respect to that breach or subsequent or similar breaches.
- No waiver by a party of a provision of this Agreement is binding unless made in writing.
- You agree that these Terms may not be construed adversely against Us solely because We prepared them.
- Unless otherwise specified, these Terms and the Policies comprise the entire understanding and agreement between You and Us with respect to the subject matter hereof.
- Nothing in these Terms or Your use of the Site establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
- The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
- Any notice or demand in writing required to be given by Us to You shall be sufficiently served if:
- served personally or by pre-paid mail to Your last known address;
- sent by facsimile machine to Your facsimile machine;
- sent in electronic form by email to Your email address; or
- published by notice on the Site.