TERMS & CONDITIONS
1.1 Welcome to www.waterproofingdirect.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
2.1 The Website is operated by Waterproofing Direct PTY. LTD. (ABN 82 166 248 648). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Waterproofing Direct. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
3.1 Waterproofing Direct reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Waterproofing Direct updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Waterproofing Direct in the user interface.
1.1 In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
iii. a mailing address
2.1 You warrant that any information you give to Waterproofing Direct in the course of completing the registration process will always be accurate, correct and up to date.
3.1 Once you have completed the registration process, you will be a registered member of the Website (‘Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
4.1 You may not use the Purchase Services and may not accept the Terms if:
1.1 As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
iii. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
vii. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Waterproofing Direct for any illegal or unauthorised use of the Website; and
viii. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
1.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
2.1 Payment of the Purchase Price may be made through the following third party provider:
4.1 Following payment of the Purchase Price being confirmed by Waterproofing Direct, you will be issued with a receipt to confirm that the payment has been received and Waterproofing Direct may record your purchase details for future use.
5.1 Waterproofing Direct may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
1.1 Waterproofing Direct's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
2.1 Warranty Claim You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 12 months from the date of purchase (the 'Warranty Period’).
3.1 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Waterproofing Direct showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Waterproofing Direct at 30/5 Ponderosa Parade, Warriewood, NSW 2102, Australia or by email at firstname.lastname@example.org.
4.1 Where the Warranty Claim is accepted then Waterproofing Direct will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5.1 The Warranty shall be the sole and exclusive warranty granted by Waterproofing Direct and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.1 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7.1 The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
1.1 You acknowledge that the Purchase Services offered by Waterproofing Direct integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
2.1 In providing the Purchase Services, Waterproofing Direct may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Waterproofing Direct is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
3.1 In the event that an item is lost or damaged in the course of the Delivery Services, Waterproofing Direct asks that you:
1.1 The Website, the Purchase Services and all of the related products of Waterproofing Direct are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button, icons, video images, audio clips and software) (the ‘Content') are owned or controlled for these purposes, and are reserved by Waterproofing Direct or its contributors.
2.1 Waterproofing Direct retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
iii. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3.1 You may not, without the prior written permission of Waterproofing Direct and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
1.1 You acknowledge that Waterproofing Direct does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2.1 Waterproofing Direct will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
3.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4.1 Subject to this clause, and to the extent permitted by law:
5.1 Use of the Website, the Purchase Services, and any of the products of Waterproofing Direct (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Waterproofing Direct, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Waterproofing Direct (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Waterproofing Direct) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
iii. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
1.1 Waterproofing Direct's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Waterproofing Direct is the resupply of information or Purchase Services to you.
2.1 You expressly understand and agree that Waterproofing Direct, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit(whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3.1 Waterproofing Direct is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Waterproofing Direct, by third parties or by any of the Purchase Services offered by Waterproofing Direct.
4.1 You acknowledge that Waterproofing Direct does not provide the Delivery Services to you and you agree that Waterproofing Direct will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
1.1 The Terms will continue to apply until terminated by either you or by Waterproofing Direct as set out below.
2.1 If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Waterproofing Direct via the 'Contact Us' link on our homepage.
3.1 Waterproofing Direct may at any time, terminate the Terms with you if:
iii. the partner with whom Waterproofing Direct offered the Purchase Services to you has terminated its relationship with Waterproofing Direct or ceased to offer the Purchase Services to you;
4.1 Subject to local applicable laws, Waterproofing Direct reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Waterproofing Direct's name or reputation or violates the rights of those of another party.
5.1 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Waterproofing Direct have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
1.1 You agree to indemnify Waterproofing Direct, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
iii. any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
5.1 Termination of Mediation:
The Purchase Services offered by Waterproofing Direct is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.