WEBSITE TERMS AND CONDITIONS
Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these Terms and Conditions. These Terms and Conditions apply immediately upon you accessing Our Website.
Definitions
Services means the provision of general information in relation to the WincovER energy rating services provided to businesses accepted to the program, the listing of products in the WincovER product hub, and the provision of online training courses.
the Website and Our Website means the website http://www.wincover.com.au
We / Us / Ours etc means Blind Manufacturers’ Association of Australia BMAA and any subsidiaries, affiliates, employees, officers, agents or assigns of BMAA.
Accuracy of content
We have taken care and precautions to ensure that the information We provide on this Website is accurate. However, We cannot guarantee, nor do We accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions. If you do not agree to these terms and conditions, you must not use this Website and We accept no responsibility for your use of the Website.
You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations, as well as Our terms, rules and policies, as we may update from time to time
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, in an obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to Our forum (if any) or make any public comments on this Website which are, in Our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then We may at Our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate Services to anyone at any time without notice or reason.
Indemnification for loss or damage
You indemnify Us and hold Us harmless from and against any and all liabilities and expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
The BMAA cannot guarantee that any file or program available for download and/or execution from or via this Website is free from viruses or other conditions, which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this Website, and you release the BMAA entirely of all responsibility for any consequences of its use.
Intellectual property and copyrights
We hold the all intellectual property rights in relation to the Website and Services, including all uploaded files, layout design, data, graphics including the WincovER and BMAA logo, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate Our intellectual property, including the material contained on our Website, other than as permitted by law. Specifically, you must not use or replicate Our copyright material for commercial purposes without Our prior written consent, in which case We may require you to sign a Licence Agreement or any other document We, in Our sole discretion, consider necessary.
If you wish to use content, images or other of Our intellectual property, you should submit your request to Us at the following email address:
Trade marks
The trade marks and logos contained on this Website are trade marks (whether registered or unregistered) owned by BMAA. Use of these trade marks is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that We endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for any loss or damage arising out of or in connection to your use of these sites.
You may link to Our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on Our part in respect to your website, unless we have expressly agreed in writing. We may withdraw Our consent to you linking to Our site at any time by notice to you.
Limitation of Liability and warranties
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to Our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of Our Services are provided without a warranty to the extent permitted by law. We are not liable for any loss or damage whatsoever, incurred as a result of or relating to the use of the Website or Our Services.
To the maximum extent permitted by law and except as expressly provided to the contrary in these Terms and Conditions, any of Our liability for any loss or damage, however caused (including by Our negligence), suffered by you in connection with Our Website or the Services is limited to the amount of the fees paid by you to Us (if any). This limitation is an aggregate limit for all claims, wherever made.
Nothing in these Terms and Conditions is intended to exclude any liability that is unlawful to be excluded and any such term should be read as excluding such liability only to the extent permitted by law.
If the Competition and Consumer Act 2010 (Cth) or any other legislation does not permit Us excluding or limiting Our liability as contemplated by these Terms and Conditions, those clauses in these Terms and Conditions do not apply to that liability and instead Our liability for such breach is limited to, at Our option:
- the supplying of the Services again; or
- the payment of the reasonable cost of having the Services supplied again.
You accept and acknowledge that:
- no condition or warranty in relation to Our Services is to be implied in these Terms and Conditions, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement;
- We do not have any control over the products or services provided by third party providers who may refer to or use our Services; and
We do not guarantee continuous, uninterrupted or secure access to any part of our Services. If you have a dispute with any other party using Our Services (including third party service providers), you release Us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Information Collection
Use of information you have provided Us with, or that We have collected and retained relating to your use of the Website and/or Our Services, is governed by Our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view Our Privacy Policy and read more about why We collect personal information from you and how We use that information, click here.
Confidentiality
All personal information you give Us will be dealt with in a confidential manner in accordance with Our Privacy Policy. However, due to circumstances outside of Our control, We cannot guarantee that all aspects of your use of this Website will be confidential.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in the State of Queensland.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your state or country of residence or any other appropriate country or jurisdiction.
Severance
A clause or part of a clause of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining clauses or parts of the clause of these Terms and Conditions continue in force.
Variation
We reserve the right to update these Terms and Conditions at any time without notice to you.
Waiver
A right under these Terms and Conditions may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.
