The following “terms and conditions” form a legally binding agreement between you and us in relation to your access to, and use of the website “cwshutters.com.au” (‘Site’). In accessing or using this Site, you acknowledge that you have read and understood, and agree to be bound by these terms and conditions, and our privacy policy. If you do not accept these terms and conditions, then you must refrain from accessing and using this Site.
General Terms and Conditions
Privacy Policy
Our Privacy Policy is set out on this site and is available here and shall apply to you and your use of this Site.
Amendments to terms and conditions
- We reserve the right to amend these terms and conditions at any time.
- Any amendments shall be effective immediately upon notification on the Site.
- Your continued use of the Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Access and Use
- To place orders and access some features of the Site, you may be required to become a Registered User by creating an account with us. You may, however, have limited access to browse and use certain features of the Site without registering an account.
- To register an account, you must:
- be at least 18 years old, and have the capacity to enter into a legally binding agreement with us; and
- give us accurate and current personal information including your name or business name, address, and a valid email address.
Service
- By accessing and using the Site, you assume all risks associated with such access and use.
- The Site is provided to you on an as is basis.
- You warrant all information that is provided to us by you through the Site is true and correct.
- To the fullest extent permitted by law, we do not represent or warrant that the Site or the services generally available through the site will be uninterrupted or error-free or defect-free or that errors or defects in the Site will be corrected.
- We do not represent or warrant to you that any electronic files available through the Site will be free of Harmful Code nor that your use of the Site will achieve any particular result.
- We reserve the right, at any time, to disable, close or render inaccessible the Site for so long as we desire for any reason whatsoever, and without the need to provide any reasons.
- To the maximum extent permitted by law, we do not accept liability for any Loss which you may suffer or incur as a result of such actions.
Security
- You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on your computer system or on this Site.
- To the maximum extent permitted by law, we accept no liability for any Loss which you may suffer or incur as a result of such activity.
- You are responsible for all activities that occur on your account. You should carefully choose your password and user name and protect them from unauthorised use. Please notify us immediately of any unauthorised use of your user name and password or any other breach of security.
- You must take your own precautions to ensure that the processes taken by you to access this Site do not expose you to the risks of Harmful Code.
Changes to the Site
- We reserve the right to make any changes to the Site as considered by us necessary or desirable, at any time, without notice.
- We will use all reasonable endeavours to give prior notice of such changes on the Site, but you acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site or for security reasons).
Lawful Use
- You agree to deal with any information or material provided by us or accessed through the site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
Misuse and interference
You must not:
- attempt to gain unauthorised access to any part of the Site;
- interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the integrity or performance of the Site;
- disable any protection software associated with the Site;
- send or store any Harmful Code; or
- use any feature of the site in a manner that we reasonably determine is inappropriate or not intended
Linking to the Site
You may only insert a link to the Site if:
- the link is presented in a way which fairly represents our business and the Site and does not disparage us;
- the context in which you insert the link does not give visitors the impression that the relevant site or business, is sponsored or endorsed by us, or otherwise affiliated with us; and
- the link opens in a new window, and not in the navigation of the relevant site.
Disclaimer
To the maximum extent permitted by law, we do not accept any liability for, and you hereby release us from any claim in relation to, any Loss, howsoever caused (including through our negligence), suffered or incurred by you arising from or in connection with:
- Your access to, or use of, this Site or any linked site;
- the performance, non-performance, purported performance or delay in performance of these terms and conditions, or an order or the Site (or any part of it or them);
- the availability of the site or any error or defect in the Site; or
- Products purchased by you from the Site.
Force Majeure
- We accept no liability for any delay or failure to perform our obligations under these terms and conditions if such a delay or failure is due to circumstances beyond our reasonable control
Indemnity
You agree to indemnify and keep indemnified, us, our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with:
- Your access to, or use of, this Site or any linked site;
- any breach of any these terms and conditions by you;
- any wilful misconduct by you; or
- any negligent act or omission by you.
Termination
- We may, at our discretion, suspend your account and access to all or part of the Site for any reason, including without limitation if we reasonably consider that you are in breach of any provision of these terms and conditions.
- We may, at our discretion, terminate your access to all or any part of your account or the Site without the need to provide reasons.
- Termination of this agreement and your account, access to the Site will not end those provisions that can survive the ending of this agreement.
General Provisions
- Any waiver, in whole or part, of any rights available to us under these terms and conditions is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
- If any provision of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force. Nothing in these terms and conditions shall impose a duty of care upon us in respect of your use of the site.
- The laws governing these terms and conditions will be the laws in the state of South Australia, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
- The site and the content on the site are subject to copyright, trademarks and other Intellectual Property Rights. These rights are owned by or licensed to us.
Registered User
Responsibilities
If you are a Registered User, you are solely responsible:
- for your use (or of any person using your email address and password) of your account and the Site;
- to ensure that you maintain the confidentiality of your password; and
- to ensure that, in using the Site, you comply with these terms and conditions as published on the Site.
- You may change your password at any time by following instructions on the Site.
- If we have previously entered into an agreement or any other terms with you including any terms and conditions of sale with respect to products, the provisions of that agreement or those terms will prevail to the extent of any inconsistencies with these terms and conditions.
Product Purchases
We do not supply our products direct to the public, all our products must be purchased through a retailer, fabricator or another type of approved supplier. Please contact us at enquiries@cwshutters.com.au if you wish for us to provide you with details of suppliers of our products in your area. We are not a party to, and are not responsible for performing under, any agreement that you may enter into with any supplier.
Definitions
In these terms and conditions, unless the context otherwise requires:
- Account means the account that you will need to register for on the Site if you would like to submit an order on the Site in accordance with clause 2.3 of these Terms and Conditions.
- Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to your use of, and access to, the Site and includes, without limitation, those relating to anti-discrimination, consumer laws, intellectual property, privacy, and confidentiality.
- Harmful Code means any computer virus, trojan, worm, other malicious computer code or other forms of interference that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
- Intellectual Property Rights means any current or future, registered or unregistered rights in any copyrights, patents, inventions, discoveries, trademarks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
- Loss means loss or damage of any kind including but not limited to: loss of profits; indirect, consequential, special exemplary or punitive loss or damage; or liability to a third party.
- Registered User means a site user registered with the Site.
- we, us, our means CW Shutters (a CW Products Pty Ltd brand) ABN 19 810 045 945.
- you, your means the person accessing the Site, including without limitation Registered Users.