Website Terms and Conditions of Use
- About the Website
1.1. Welcome to https://austica.net.au (the ‘Website’). This is the Website for Austica Pty Ltd which main business is to offer Consulting Engineering (the ‘Services’).
1.2. The Website is operated by Austica PTY. LTD. (ABN 68147599540) . Access to
and use of the Website, or any of its associated Products or Services, is
provided by Austica . Please read these terms and conditions (the ‘Terms’)
carefully. By using, browsing and/or reading the Website, this signifies that you
have read, understood and agree to be bound by the Terms. If you do not
agree with the Terms, you must cease usage of the Website, or any of
Services, immediately.
1.3. Austica reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When Austica updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms.
Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Austica in the user interface.
- Registration to use the Services
3.1. In order to access the Services, you must first register for an account through
the Website (the ‘Account’).
3.2. As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(a) Email address
(b) Telephone number
3.3. You warrant that any information you give to Austica in the course of
completing the registration process will always be accurate, correct and up to
date.
3.4. Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Austica ; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.
- Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Austica of
any unauthorised use of your password or email address or any breach of
security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Austica providing
the Services;
(e) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Austica;
(f) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Services. Appropriate legal action will be taken
by Austica for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
- Payment
5.1. Where the option is given to you, you may make payment for the Services (the
‘ Services Fee’) by way of:
- Credit Card (‘Credit Card’)
- Electronic Funds Transfer (‘EFT’)
- PayPal (‘PayPal’)
- Cash (‘Cash’)
- Cheque (‘ Cheque’)
- Other (‘other’)
5.2. All payments made in the course of your use of the Services are made using
CommBank Simplify. In using the Website, the Services or when making any payment in
relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the CommBank Simplify terms and conditions which
are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the
Services Fee is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for any
costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Austica can vary the Services Fee at any time
.
- Refund Policy
Austica will only provide you with a refund of the Services Fee in the event they are
unable to continue to provide the Services or if the manager of Austica makes a
decision, at its absolute discretion, that it is reasonable to do so under the circumstances
(the ‘Refund’).
- Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Austica are subject
to copyright. The material on the Website is protected by copyright under the
laws of Australia and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the Services and compilation of the Website
(including but not limited to text, graphics, logos, button icons, video images,
audio clips, Website, code, scripts, design elements and interactive features) or
the Services are owned or controlled for these purposes, and are reserved by
Austica or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by Austica , who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a Member to:
Austica does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by Austica .
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial
use.
7.3. Austica retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
to you.
(a) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process),
7.4. You may not, without the prior written permission of Austica and the permission
of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any
way the Services or third party Services for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the
Website, which are freely available for re-use or are in the public domain.
- Privacy
8.1. Austica takes your privacy seriously and any information provided through your
use of the Website and/or Services are subject to Austica ‘s Privacy Policy,
which is available on the Website.
- General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) Austica will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit
or opportunity, or damage to goodwill arising out of or in connection with
the Services or these Terms (including as a result of not being able to use
the Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Austica make any express or
implied representation or warranty about the Services or any products or
Services (including the products or Services of Austica ) referred to on the
Website. includes (but is not restricted to) loss or damage you might suffer as a
result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party
material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of
the products of Austica ; and
(d) the Services or operation in respect to links which are provided for your
convenience.
- Limitation of liability
10.1. Austica ‘s total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the Services
to you.
10.2. You expressly understand and agree that Austica , its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible
loss.
- Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Austica as
set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Austica via the ‘Contact Us’ link on our
homepage.
(a) providing Austica with 14 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Austica
has made this option available to you.
11.3. Austica may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Austica is required to do so by law;
(c) the provision of the Services to you by Austica is, in the opinion of Austica ,
no longer commercially viable.
11.4. Subject to local applicable laws, Austica reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or
if your conduct impacts Austica ‘s name or reputation or violates the rights of
those of another party.
- Indemnity
12.1. You agree to indemnify Austica , its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
- Dispute Resolution
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
13.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as “without prejudice” negotiations for the purpose of applicable laws of
evidence.
13.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation and
the mediator must do so.
(a) Within 21 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(b) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the Australia
Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(d) The mediation will be held in Brisbane, Australia.
Venue and Jurisdiction
14.
Venue and Jurisdiction
The Services offered by Austica is intended to be viewed by residents of Australia. In the
event of any dispute arising out of or in relation to the Website, you agree that the
exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
- Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under
and pursuant to the laws of Queensland, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
- Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.