1.1 These Terms and Conditions ("the Terms") govern your use of this Awnings by Design "web site". By accessing the web site you are agreeing to the
Terms, whether or not you register as a user. Please read through the Terms. If
you do not agree with the Terms, do not use this web site.
1.2 Awnings by Design reserves the right to suspend or terminate your access and use
of the web site.
1.3 Awnings by Design shall not be liable if the content of this web site or any
viewing of it by you is contrary to the laws applying in the place where you
access it. If you have any doubt, you should cease using this web site.
2. Use
2.1 All material on the web site and unless otherwise specified belongs to Awnings by Design, or licensors.
2.2 Except as stated in the paragraph 2.3 below, the contents of this web site
may not be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means without the prior express
written permission of Awnings by Design.
2.3 You may print or download to disk, at your own risk, the contents of an
individual page of this web site for your legitimate dealings with us. You may
make one electronically stored, transient copy of the content of this web site
for the purpose of viewing it while connected to the Internet.
2.4 You may not do any of the following without the written permission of Awnings by Design:
2.4.1 Remove the copyright or trademark notice from any copies of content under
these Terms;
2.4.2 Create a database in electronic or structured manual form by
systematically downloading and storing any content;
2.4.3 Link to or frame any content from, the web site;
2.4.4 Alter content downloaded from this web site.
2.5 Your use of this web site does not permit use of any logo, name service
mark or trademark of Awnings by Design or any of its suppliers or contributors to this
web site other than incidentally when viewing or downloading any of the
content.
2.6 If you are asked to register on any area of the web site, on registration
you must provide Awnings by Design with accurate, complete registration information
and it is your responsibility to inform Awnings by Design of any changes to that
information (including in particular your email address) by emailing us.
2.7 You are responsible for all use of the web site and access made by you or
anyone else using your user name and password (collectively
"Identification") and for preventing unauthorised use of your
Identification. If you believe that there has been any breach of security, such
as the disclosure, theft or unauthorised use of your Identification you must
notify Awnings by Design immediately.
2.8 If on registration (or on amendment of your registration details) you
provide Awnings by Design with an email address that will result in any emails Awnings by Design may send you being sent to you via a computer network operated by or on
behalf of your employer or educational establishment (or similar) then you are
warranting that you are entitled to receive emails at that address. You also
agree that Awnings by Design may stop sending any emails to such address without
notifying you, even if you have subscribed to receive them or any other
service, if we receive a request from your employer or educational
establishment (or otherwise) to stop sending emails to that address.
2.9 Awnings by Design may give you the option to subscribe to different services. Your
use of the content received through any service will be subject to these Terms.
We will let you know if you will be subject to any further terms and
conditions.
2.10 You may use the web site and SMS Service to purchase products or services
from third parties. In that event, your contract for such products may be with
the third party instead of or in addition to Awnings by Design, so you should check
any terms and conditions of the third party as well.
3. Software
3.1 Copyright in any software that is made available for download from the web
site and/or SMS Service ("Software") belongs to Awnings by Design or its
suppliers. Your use of the Software is governed by the terms of any licence
agreement that may accompany or be included with the Software. Do not install
or use any Software unless you agree to such licence agreement.
3.2 Awnings by Design may from time to time give you the option to modify your
browser. In that event, a dialogue box will be shown on your screen requiring
your authorisation for the modification to proceed. By clicking the
"Acceptance" button (or equivalent) on the dialogue box, you will
allow Awnings by Design to modify your browser to enable you to view the service on
your screen at the same time as you work on other applications.
4. Security
4.1 You must not modify or contaminate this web site or seek to violate its
security.
4.2 If Awnings by Design suspects there is a risk to security of the web site, it
shall be entitled to suspend or restrict access until it is satisfied the risk
has ceased.
5. Limitation of Awnings by Design Limiteds
liability
5.1 The information contained in the material in this web site is only for
general information purposes and is not intended to address your particular
requirements. While Awnings by Design uses reasonable efforts to include accurate,
complete and up-to-date information on this web site, Awnings by Design makes no
warranties or representations as to its accuracy, completeness or timeliness. Awnings by Design and its associate companies do not accept responsibility for any
statement on the web site or any reliance on it.
5.2 To the extent permitted by law, Awnings by Design excludes all warranties and
conditions (express and implied) in respect of the web site content, the
availability of the web site or any other warranty. Although Awnings by Design make
use of anti-virus software to protect the web site content, they do not
guarantee that the web site [and any downloads] is free from viruses. You are
advised to take your own precautions.
5.3 With the exception of death or personal injury caused by its negligence, Awnings by Design does not accept any liability for any loss or damage you incur by using
the web site including but not limited to direct, indirect, actual, incidental,
punitive, special or consequential damages, lost income, revenue or profits,
lost or damaged data or other commercial or economic loss, that result from
your use of or inability to use this web site, even if Awnings by Design has been
advised of the possibility of such damages or such damages are foreseeable. By
using this web site you agree that this limitation will apply to all content,
products or services available through this web site (unless varied by terms
specific to these products or services). In the event that the applicable law
does not allow the limitation or exclusion of liability or damages, you agree
that in no event shall Awnings by Designs total liability to you for all damages,
losses and causes of action of any kind exceed the amount, if any, you have
paid Awnings by Design for any products or services purchased from this web site
(unless varied by terms specific to these products or services).
5.4 Awnings by Design provides this web site and its contents on an "as is"
basis. Save as expressly set out in the Terms or those terms specifically
relating to any service or products supplied from this web site by Awnings by Design, Awnings by Design excludes all warranties, terms and conditions implied by statute or
law, to the fullest extent allowed by law including, but not limited to, any
warranty or condition of quality or fitness for a particular purpose.
5.5 The web site contains links to other web sites and may contain links to WAP
sites provided by independent third parties ("Third Party Sites")
either directly or through frames. Awnings by Design is not responsible for the
availability or content of Third Party Sites and is not responsible for any
transaction concerning goods or services available from such Third Party Sites.
Awnings by Design provides links for your convenience only but does not necessarily
endorse the material on these sites.
6. Changes to these Terms
Awnings by Design reserves the right to make changes to any part of the web site and
these Terms. Awnings by Design shall notify you by posting such changes on the web
site. If you do not accept the changes you must stop using the web site. By
continuing to use the web site after publication of any such change, you agree
to those changes.
7. General
7.1 Use of this web site is subject to Australian and International law.
7.2 Headings in these Terms are for convenience only and will have no legal
meaning or effect.
7.3 A waiver by Awnings by Design of a breach of any term or condition of these Terms
shall not be deemed as a continuing waiver or a waiver of any subsequent breach
of the same of any other provisions
