1. Introduction

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 Limited 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



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