terms and conditions
WEBSITE TERMS AND CONDITIONS OF USE
1.
About the Website
(a)
Welcome
to www.spaceohouse.com.au (‘Website‘). The Website provides
prefabricated house product information by Space Prefabricated House Pty Ltd.
(b)
The Website is operated by Spaceo Prefabricated
House Pty Ltd(ACN 656 984 128). Access to and use of the Website, or any of its
associated Products or Services, is provided by Spaceo Prefabricated House Pty
Ltd. Please read these terms and conditions (‘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 Services, immediately.
(c)
Spaceo Prefabricated House Pty Ltd reserves the
right to review and change any of the Terms by updating this page at its sole
discretion. When Spaceo Prefabricated House Pty Ltd 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.
2.
Acceptance of the
Terms
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 Spaceo Prefabricated House Pty Ltd in the user interface.
3.
Copyright and
Intellectual Property
(a)
The
Website, the content and all of the related products of Spaceo Prefabricated
House Pty Ltd 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
content and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website code,
scripts, design elements and interactive features) or the content are owned or
controlled for these purposes, and are reserved by Spaceo Prefabricated House
Pty Ltd or its contributors.
(b)
All
trademarks, service marks and trade names are owned, registered and/or licensed
by Spaceo Prefabricated House Pty Ltd, who grants to you a worldwide,
non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i)
use the Website pursuant to the Terms;
(ii)
copy and store the Website and the material
contained in the Website in
your
device’s cache memory; and
(iii)
print pages from the Website for your own personal
and non-commercial use.
Spaceo
Prefabricated House Pty Ltd does not grant you any other rights whatsoever in
relation to the Website or the content. All other rights are expressly reserved
by Spaceo Prefabricated House Pty Ltd.
(c)
Spaceo Prefabricated House Pty Ltd 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 any:
(i)
business name, trading name, domain name, trade
mark, industrial design, patent, registered design or copyright, or
(ii)
a right to use or exploit a business name,
trading name, domain name, trade mark or industrial design, or
(iii)
a thing, system or process that is the subject
of a patent, registered design or copyright (or an adaptation or modification
of such a thing, system or process),
to you.
(d)
You may not, without the prior written
permission of Spaceo Prefabricated House Pty Ltd 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 content for any purpose, unless otherwise provided by
these Terms. This prohibition does not extend to materials on the Website,
which are freely available for re-use or are in the public domain.
4.
Privacy
Spaceo Prefabricated House Pty Ltd takes your
privacy seriously and any information provided through your use of the Website
and/or content are subject to Spaceo Prefabricated House Pty Ltd’s Privacy Policy,
which is available on the Website.
5.
General
Disclaimer
(a)
Nothing in the 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.
(b)
Subject to this clause 5, and to the extent
permitted by law:
(i)
all terms, guarantees, warranties,
representations or conditions which are not expressly stated in the Terms are excluded;
and
(ii)
Spaceo Prefabricated House Pty Ltd will not be
liable for any special, indirect or consequential loss or damage (unless such
loss or damage is reasonably foreseeable resulting from our failure to meet an
applicable Consumer Guarantee), loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the content or these Terms
(including as a result of not being able to use the content or the late supply
of the content), whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.
(c)
Use of the Website and the content is at your
own risk. Everything on the Website and the content is provided to you “as
is” and “as available” without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Spaceo Prefabricated House Pty Ltd make any
express or implied representation or warranty about the content or any products
or content (including the products or content of Spaceo Prefabricated House Pty
Ltd) 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:
(i)
failure of performance, error, omission,
interruption, deletion, defect, failure to correct defects, delay in operation
or transmission, computer virus or other harmful component, loss of data,
communication line failure, unlawful third party conduct, or theft,
destruction, alteration or unauthorised access to records;
(ii)
the accuracy, suitability or currency of any
information on the Website, the content, or any of its content related products
(including third party material and advertisements on the Website);
(iii)
costs incurred as a result of you using the
Website, the content or any of the products of Spaceo Prefabricated House Pty
Ltd; and
(iv)
the content or operation in respect to links
which are provided for your convenience.
6.
Limitation of
liability
(a)
Spaceo Prefabricated House Pty Ltd’s total
liability arising out of or in connection with the content or these Terms,
however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the content
to you.
(b)
You
expressly understand and agree that Spaceo Prefabricated House Pty Ltd, its
affiliates, employees, agents, contributors 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.
(c)
You acknowledge and agree that Spaceo
Prefabricated House Pty Ltd holds no liability for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred by
you as a result of providing your content to the Website.
7.
Termination of
Contract
(a)
If you want to terminate the Terms, you may do
so by providing Spaceo Prefabricated House Pty Ltd with 14 days’ notice of your
intention to terminate by sending notice of your intention to terminate to
Spaceo Prefabricated House Pty Ltd via the ‘Contact Us’ link on our homepage.
(b)
Spaceo Prefabricated House Pty Ltd may at any
time, terminate the Terms with you if:
(i)
you have breached any provision of the Terms or
intend to breach any provision;
(ii)
Spaceo Prefabricated House Pty Ltd is required
to do so by law;
(iii)
Spaceo Prefabricated House Pty Ltd is
transitioning to no longer providing the Services to Members in the country in
which you are resident or from which you use the service; or
(iv)
the provision of the Services to you by Spaceo
Prefabricated House Pty Ltd, is in the opinion of Spaceo Prefabricated House
Pty Ltd, no longer commercially viable.
(c)
Subject to local applicable laws, Spaceo
Prefabricated House Pty Ltd reserves the right to discontinue or cancel your
access at any time and may suspend or deny, in its sole discretion, your access
to all or any portion of the Website or the Services without notice if you
breach any provision of the Terms or any applicable law or if your conduct
impacts Spaceo Prefabricated House Pty Ltd’s name or reputation or violates the
rights of those of another party.
(d)
When the Terms come to an end, all of the legal
rights, obligations and liabilities that you and Spaceo Prefabricated House Pty
Ltd have benefitted 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.
8.
Indemnity
(a)
You agree to indemnify Spaceo Prefabricated
House Pty Ltd, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:
(i)
all actions, suits, claims, demands, liabilities,
costs, expenses, loss and damage (including legal fees on a full indemnity
basis) incurred, suffered or arising out of or in connection with your content;
(ii)
any direct or indirect consequences of you
accessing, using or transacting on the Website or attempts to do so; and/or
(iii)
any breach of the Terms.
9.
Dispute
Resolution
9.1. Compulsory:
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
sought).
9.2. Notice:
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.
9.3. Resolution:
On
receipt of that notice (‘Notice‘) by that other party, the parties to
the Terms (‘Parties‘) must:
(a)
Within 14 days of the Notice endeavour in good
faith to resolve the Dispute expeditiously by negotiation or such other means
upon which they may mutually agree;
(b)
If for any reason whatsoever, 14 days after the
date of the Notice, the Dispute has not been resolved, the Parties must either
agree upon selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or
her nominee;
(c)
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;
(d)
The mediation will be held in Melbourne,
Australia.
9. 4. Confidential
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.
9.5. Termination
of Mediation:
If 1 months has have elapsed after the start of
a mediation of the Dispute and the Dispute has not been resolved, either Party may
ask the mediator to terminate the mediation and the mediator must do so.
10.
Venue and
Jurisdiction
The
Services offered by Spaceo Prefabricated House Pty Ltd 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 Victoria, Australia.
11.
Governing Law
The
Terms are governed by the laws of Victoria, 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 Victoria,
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.
12.
Independent Legal
Advice
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.
13.
Severance
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.