Acceptance of these Terms of Use
These terms and conditions and any other terms, policies, notices and disclaimers contained on the Site (“Terms of Use”) set out the terms of access to and use of the Site. These Terms of Use must be read together with the Privacy Policy. Your use of and access to the Site is conditional upon your acceptance of the Terms of Use and constitutes your agreement to be bound by the Terms of Use.
ENSURE reserves the right to change the Terms of Use at any time with or without further notice to you, and you should periodically refer to them on this page.
The ENSURE Waterproofing website (“Site”) is owned and operated by ENSURE Waterproofing ABN 56 625 647 716 (“ENSURE”).
Links to Third Party Sites
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ENSURE and ENSURE is not responsible for the contents of any Linked Site and shall not be liable for any damage arising out of their use. ENSURE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ENSURE of the site or any association with its operators.
Use of The Site
As a condition of your use of the Site, you warrant to ENSURE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site
The Site enables you to post comments on blog articles which are published on the Blog section of the Site (“Comment Function”). You agree that when using the Comment Function or the Site, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;Advertise or offer to sell or buy any goods or services for any business purpose;Violate any code of conduct or other guidelines which may be applicable for the Site or the Comment Function; orViolate any applicable laws or regulations.
ENSURE has no obligation to monitor the Comment Function. However, ENSURE reserves the right to review materials posted via the Comment Function and to edit, refuse to post, or remove any information or materials in its sole discretion. ENSURE reserves the right to terminate your access to any or all of the Comment Function at any time without notice for any reason whatsoever.
Ownership of Content on the Site
The Site and all related material and content including without limitation all information, text, materials, graphics, software, tools, results derived from the use of the Site, logos, names or trade marks (“Content”) are protected by copyright, trade mark and other intellectual property laws. All intellectual property rights in relation to the Content are owned by ENSURE and/or its suppliers or licensors respectively. All rights reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation), or as otherwise provided for on this Site, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be copied, reproduced, adapted, stored, republished, sold, distributed or transmitted without the prior written permission of ENSURE.
ENSURE makes no warranties or representations that material on other Linked Sites does not infringe the intellectual property rights of any person anywhere in the world.
Any rights not expressly granted herein are reserved.
Liability Disclaimer
The content, software, products, and services included in or available through the Site are provided ‘as is’ and is current at the time of publication and may include inaccuracies or typographical errors. ENSURE and/or its suppliers or partners may make improvements and/or changes in the Site at any time. Information and content supplied via the Site is general information and is to be used as a guide only. You should not rely on any content on the Site as factual evidence or personalised advice. You should consult an appropriate professional for specific advice tailored to your situation if needed.
ENSURE, its suppliers and partners make no representations about the suitability, reliability, availability, timeliness, and accuracy of the content or services contained on or available through the Site for any purpose. To the maximum extent permitted by applicable law, all such information, content and services are provided “as is” without warranty or condition of any kind. To the maximum extent permitted by law, ENSURE, its suppliers and partners hereby disclaim all warranties and conditions with regard to this content and services supplied via the Site, whether express or implied.
To the maximum extent permitted by applicable law, in no event shall ENSURE, its suppliers and/or partners be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with any delay, interruption, error or inability to use the Site or related services, the provision of or failure to provide services, or for any content, software, products and services obtained through the Site, or otherwise arising out of the use of the Site.
Nothing in these Terms of Use excludes, restricts or modifies any condition or warranty which may at any time be implied by applicable laws including the statutory consumer guarantees as provided in the Competition & Consumer Act 2010 (Cth) except where it is legally permitted to do so. If ENSURE should be liable for the breach of a term implied by law, and it is legally permitted to do so, its liability will be limited at the option of ENSURE to, in the case of services supplied by ENSURE, the re-supply of the services or payment of the cost of doing this.
Indemnity
You indemnify ENSURE, our affiliates, partners, suppliers, licensors and licensees, and our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using the Site.
Termination/Access Restriction
We reserve the right in our sole discretion to revise the content of, amend links from, or withdraw access to the Site at any time without notice. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on our liability will survive such termination.
General
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of the Service or the Terms and Conditions.
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in full force and effect.
Unless otherwise specified herein, the Terms of Use constitute the entire agreement between you and ENSURE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ENSUREwith respect to the Site.
