Terms of Use – Website

THE DETAILED NEST PROVIDES THIS WEB SITE AS A SERVICE TO YOU. USING THE WEB SITE AND THE INFORMATION IT CONTAINS, MEANS THAT YOU ACCEPT THE TERMS OF USE ON THIS PAGE.


Background

You access The Detailed Nest website subject to these Terms of Use, the The Detailed Nest Privacy Policy, notices, disclaimers, any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as Terms of Use). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.

Scope of Site

This site is intended to be useful to our existing and prospective customers and suppliers.

Use of the Website

You must use the Website in accordance with these Terms.

By using the Website you warrant that you are over 18 and legally capable of entering into a binding contract.

Use of the Website other than in accordance with these Terms is a material breach of this Agreement. We may monitor your use of the Website to ensure that you are following the Terms.

You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.

As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke any account you hold with us.

Acceptable use

You must not use this website:

  1. (a) in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  2. (b) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  3. (c) to transmit or send unsolicited commercial communications; or
  4. (d) for any purposes related to marketing without The Detailed Nest’s express written consent.

You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

Information on the Website

The content of the Website is for your general information and use and our Website and Service may be subject to change without notice.

We endeavour keep the Information on the Website up to date, but any Information on the Website may be subject to inaccuracies or change.

All product information on the Website is provisional only and is subject to change. You should always confirm any product information before placing an order.

No Information on the Website is to be treated as an offer, representation or warranty, or as forming part of any contract.

The Website may contain links to or advertisements from other third party websites. We do not endorse the content of these advertisements or websites nor provide any warranties regarding the accuracy of their content.

We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.

Status of Information and Disclaimer of Liability

We try to keep the information on this site up to date, but cannot promise that it will actually be fully accurate or up to date at all times. All product information here is to be regarded as provisional only, and subject to change at any time. No information on this site is to be treated as an offer, representation or warranty, or as forming part of any contract.

The Detailed Nest will not be liable for any loss or damage resulting from reliance on any information on or software downloaded from this site, whether or not it results from The Detailed Nest negligence, so please check any information carefully. This statement is subject to applicable law, and does not affect any liability The Detailed Nest may have under Australian law for death or personal injury resulting from its negligence.

The Detailed Nest will not in any circumstances be liable for any indirect or consequential loss, including (as non-exclusive examples only) business interruption or loss of profit.

Software Downloads

The Detailed Nest or its licensors own the copyright in all software available for downloading from this site. You may not use the software unless you accept the terms of the licence agreement applicable to it, which will be displayed as part of the installation procedure.

Software can be corrupted in transmission and use of any such software is at your own risk.

Copyright in Text and Images

The copyright in all text and images on this site belongs to The Detailed Nest or its licensors. You may view it, download and print it for your own reference only, and for circulation strictly within your own organisation, but may not modify or make any further use of it or copy it to any other person, or make any commercial use of it whatsoever, without The Detailed Nest’s specific written permission.

Your license to use the The Detailed Nest website

Unless otherwise stated, The Detailed Nest owns the intellectual property rights in the website and material on the website. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the limitations set out below and elsewhere in these Terms of Use.

All of The Detailed Nest’s intellectual property rights are reserved.

You may view the The Detailed Nest website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of The Detailed Nest or, in the case of third party material, from the owner of the copyright in that material.

Links

Some of the links provided for you on this site will take you to sites operated by third parties, over which The Detailed Nest has no control. The Detailed Nest will not be responsible for anything you find there or anything that happens there. In order to use third party sites you may have to accept the site operator’s terms and conditions, and these may or may not be accessible from the point where you arrive. Nevertheless your use of any such site is subject to your acceptance of any terms imposed by the operator.

User Material

Material you provide to The Detailed Nest or submit on this website (User Material), for whatever purpose is provided or submitted on the basis that you grant to The Detailed Nest a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute this User Material in any existing or future media. You also grant to The Detailed Nest the right to sub-license these rights, and the right to bring an action for infringement of these rights.

The content of User Material must not:

  1. (a) be illegal or unlawful;
  2. (b) infringe any third party’s legal rights;
  3. (c) have been the subject of threatened or actual legal proceedings or any other such complaint; and
  4. (d) be capable of giving rise to legal action whether against you or THE DETAILED NEST or a third party (in each case under any applicable law).

The Detailed Nest reserves the right to edit or remove any material, including but not limited to User Material, submitted to this website, or stored on The Detailed Nest’s servers, or hosted or published upon this website.

Notwithstanding The Detailed Nest rights under these Terms of Use in relation to user content, The Detailed Nest does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Use of your personal information

We collect and use your personal information in accordance with our Privacy Policy, accessible at https://www.thedetailednest.com.au/. By your continued use of the Website you agree to and have read our Privacy Policy.

In the event of a data breach or breach of the Privacy Act 1988 (Cth), we will endeavour to notify you as soon as reasonably possible.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The Detailed Nest makes no representations or warranties in relation to this website or the information and materials provided on this website.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Guarantees under the Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law and you have rights under the Australian Consumer Law for major and minor failures.

To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.

The type of remedy we will offer you may vary depending on how long it takes you to make a claim.

Any disclaimer or warranties and liability limitations apply subject to any rights you have under the Australian Consumer Law.

Limitations of liability

The Detailed Nest will not be liable to you (whether under contract, torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  1. (a) to the extent that the website is provided free-of-charge, for any direct loss;
  2. (b) for any indirect, special or consequential loss; or
  3. (c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Detailed Nest has been expressly advised of the potential loss.

To the extent permitted by law, The Detailed Nest will not be liable to you or any other third parties for indirect and consequential loss arising from or connected to the Agreement in contract, negligence or otherwise, including but not limited to business interruption and loss of profit.

To the extent permitted by law, we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose, accuracy, timeliness, performance, or completeness.

By using this website, you agree the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think the exclusions and limitations of liability set out in this website disclaimer are reasonable you must not use this website.

Other parties

You accept that The Detailed Nest has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Detailed Nest’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Detailed Nest’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Detailed Nest .

Indemnity

You hereby indemnify The Detailed Nest and undertake to keep The Detailed Nest indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Detailed Nest to a third party in settlement of a claim or dispute on the advice of The Detailed Nest legal advisers) incurred or suffered by The Detailed Nest arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Breaches of these Terms of Use

Without prejudice to The Detailed Nest other rights under these Terms of Use, if you breach these Terms of Use in any way, The Detailed Nest may take such action as The Detailed Nest deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

General

These Terms of Use may be amended at any time without notice to you. Revised Terms of Use will apply to the use of this website from the date of publication of the revised Terms of Use of this website. You agree you must check this page regularly to ensure you are familiar with the current Terms of Use.

Your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Dispute resolution

In the case of any dispute or difference arising in relation to these Terms (Dispute), the Dispute will first be discussed between you and The Detailed Nest.

If we cannot jointly resolve the Dispute within 10 business days, the Dispute will be referred, at the request of either party, for mediation in accordance with the rules and procedures of the Australian Commercial Disputes Centre (ACDC), by a mediator appointed by the ACDC.

Each party must continue to perform its obligations during the period of any Dispute, except to the extent prevented by the nature of the Dispute.

Each party must bear its own costs of the mediation.

A party must not commence any proceedings, other than an application for urgent interlocutory relief, until it has complied with the provisions of this clause.

Law and jurisdiction

The site (excluding any linked third-party sites) is controlled by The Detailed Nest. By accessing this site, you accept that any disputes about this site or the Content are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (subject to the application of any principle of conflict of laws inconsistent with this requirement).

These Terms may be updated from time to time. You should check the Website for any changes.

If you have any questions or issues with these Terms, please contact us at:

The Detailed Nest Australia, paula@thedetailednest.com.au.

[Terms revised 24/07/2019]

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