Terms and Conditions

Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the asbestoswatchtoowoomba.com.au website (“Website or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-Issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change services at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any Information on the Website or Services is Inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify Information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources, We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability to submit false or misleading information: (9) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet: (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; () for any obscene or immoral purpose, or (b) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

License to make use of internet site

Unless otherwise stated, www.asbestoswatchtoowoomba.com.au and/or its licensors have the intellectual property rights published on this internet site and materials utilized on www.asbestoswatchtoowoomba.com.au. Topic to the license followed below, all these intellectual asset privileges are reserved.
You may view, caching purposes download only, and print pages, files, or other content from the website for your own personal use, subject towards the restrictions set out below and elsewhere in these terms and conditions.
You have to not:

  • republish material from this online site in neither print nor digital media or documents (such as republication on another internet site);
  • sell, rent, or sub-license material from the web site;
  • show any material on the web site in public;
  • reproduce, duplicate, copy or otherwise exploit material on this online site for any commercial objective;
  • change or make modification to any material on the web site;
  • redistribute material from this web site – except for content specifically and expressly produced available for redistribution; or
  • republish or reproduce any part of this website via the use of iframes or screenscrapers.

Exactly where content is particularly made accessible for redistribution, it might only be redistributed within your organization.

Acceptable use

You have to not use this web site in any way that results in the damage of the site or impairment of the availability or accessibility of www.asbestoswatchtoowoomba.com.au or in any way that breaks the law, illegal, duplicitous or dangerous, or in connection with any manner that breaks the law, illegal, fraudulent or dangerous purpose or activity.
You must not use this web site to copy, save, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, pc virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software program.
You have to not conduct any systematic or automated information collection activities on or in relation to this website without www.asbestoswatchtoowoomba.com.au‘s express written consent.
This consists of:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You are not allowed to use this website or any fragment of it to transmit or send unsolicited commercialized communications.

You must not use this website for any purposes associated with advertising without the express written consent of www.asbestoswatchtoowoomba.com.au.

Intellectual property rights

“Intellectual Property Rights’ means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any Intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (Including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, Including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Queensland, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive Jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Queensland, Australia, and you hereby submit to the personal Jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. www.asbestoswatchtoowoomba.com.au makes no representations or warranties in relation to this website or the info and materials supplied on this website.
Without prejudice towards the generality from the foregoing paragraph, www.asbestoswatchtoowoomba.com.au doesn’t warrant that:

  • this web site will probably be constantly available, or accessible at all; or
  • the information on this website is total, accurate, accurate, or non-misleading.

Nothing on this website constitutes or is meant to constitute, the guidance of any type. In the event you require guidance in relation to any legal, monetary, or medical matter, you should consult an appropriate expert.

Exceptions

None in the disclaimer of this site will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and absolutely nothing within this web site disclaimer will exclude or limit the liability of Asbestos Watch in respect of any:

  • death or individual injury caused by the negligence of asbestoswatchtoowoomba.com.au or its agents, workers or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of asbestoswatchtoowoomba.com.au; or
  • matter which it would be illegal or unlawful for www.asbestoswatchtoowoomba.com.au to exclude or limit, or to try or purport to bounds or exclude, its legal responsibility.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Other parties

You accept that, as a limited liability entity, www.asbestoswatchtoowoomba.com.au has an interest in limiting the individual liability of its officers and workers. You agree that you won’t bring any claim personally against www.asbestoswatchtoowoomba.com.au‘s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the preceding paragraph, you approve that the boundaries of security and liability set out within this site disclaimer will protect www.asbestoswatchtoowoomba.com.au‘s officers, employees, agents, affiliates, successors, assigns, and sub-contractors also as www.asbestoswatchtoowoomba.com.au.

Unenforceable provisions

If any clause of this site disclaimer is, or is found to be, unenforceable under applicable law, which will not affect the enforceability from the other provisions of this web site disclaimer.

Indemnity

You hereby indemnify www.asbestoswatchtoowoomba.com.au and undertake to help keep www.asbestoswatchtoowoomba.com.au indemnified against any losses, damages, costs, liabilities, and costs (including without limitation legal costs and any amounts paid by www.asbestoswatchtoowoomba.com.au to a third party in settlement of a claim or dispute around the guidance of www.asbestoswatchtoowoomba.com.au‘s legal advisers) incurred or suffered by www.asbestoswatchtoowoomba.com.au arising out of any breach by you of any provision of these terms and conditions or arising any entitlement out that you have breached any provision of these terms and circumstances.

Breaches of these terms and circumstances

Without prejudice to www.asbestoswatchtoowoomba.com.au‘s other rights below these terms and circumstances, in the event you breach these terms and circumstances in any way, www.asbestoswatchtoowoomba.com.au might take such action as www.asbestoswatchtoowoomba.com.au deems suitable to cope with the breach, such as suspending your access towards the web site, prohibiting you from accessing the website, blocking computers utilizing your IP address from accessing the website, contacting your web service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

www.asbestoswatchtoowoomba.com.au may revise these terms and conditions from time-to-time. Revised terms and circumstances will apply to the use of this website in the date of the publication from the revised terms and conditions on this site. Please visit this webpage frequently to make sure you’re acquainted with the present version.

Assignment

www.asbestoswatchtoowoomba.com.au might transfer, sub-contract, or otherwise cope with www.asbestoswatchtoowoomba.com.au‘s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You might not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unjudicial, the other clauses will continue in effect. If any unauthorized and/or unjudicial provision could be lawful or enforceable if a part of it had been deleted, that component will probably be deemed to be deleted, and the rest from the provision will continue in effect.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of the Website. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Entire agreement

These terms and circumstances, together with www.asbestoswatchtoowoomba.com.au‘s Privacy Policy constitute the entire agreement in between you and www.asbestoswatchtoowoomba.com.au in relation for your use of this site, and surpass all preceding arrangements in respect of your use of this web site.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to

[email protected]

This document was last updated on March 8, 2021