(a) Welcome to www.wandarra.com.au (the ‘Website’). The Website provides information relating to Wandarra, its services and features (the ‘Services’).
(b) The Website is operated by Wandarra (ABN 38 637 781 830). Access to and use of the Website, or any of its associated Products or Services, is provided by Wandarra. 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 Services, immediately.
(a) You accept the Terms by remaining on the Website and you agree that you will use the Website in accordance with the Terms and that you will not use the Website for any unlawful purpose.
(b) You will not violate or attempt to violate the security of the Website.
(a) The Website, the Services and all of the related products of Wandarra 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 Services 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 Services are owned or controlled for these purposes, and are reserved by Wandarra or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Wandarra. Wandarra does not grant you any other rights whatsoever in relation to the Website or the Services
(c) Wandarra retains all rights, title and interest in and to the Website and all related Services.
(d) You may not, without the prior written permission of Wandarra 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. You may access and display these pages on a computer or monitor, and print out for your personal or internal business use any page or part of any page of this Website.
(e) All rights not expressly granted are reserved.
(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, 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) Wandarra 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services 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 Wandarra make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Wandarra) referred to on the Website, 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Wandarra; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(a) To the maximum extent permitted by law, Wandarra does not give any warranty in relation to the content, accuracy, or any other aspect of:
(i) any material on the Website;
(ii) the performance of the Website;
(iii) To the maximum extent permitted by law, Wandarra excludes all liability for loss or damage suffered by you (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of date or failure to realise anticipated savings or benefits or business opportunities) that you may suffer as a result of the use or reliance on any information on the Website;
(iv) accessing or using the Website; or
(v) any interruption, suspension or termination of the Website for whatever reason.
(b) You expressly understand and agree that Wandarra, 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.
(a) All statutory or implied terms, conditions or warranties concerning the quality or condition of this Website or any information, service, material, advice or recommendation supplied by Wandarra to you through this Website is limited to the fullest extent permitted by law.
(b) If Wandarra breaches any term, condition or warranty which is implied by law and which cannot lawfully be excluded, our liability for a breach of the applicable term, condition or warranty (other than a warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or corresponding state legislation) is limited to, at Wandarra’s election:
(i) the resupply of the relevant goods, advice, service, recommendation or information; or
(ii) the payment to you of the cost of having the relevant goods, advice, service, recommendation or information supplied again.
(c) Except to the extent that liability may not lawfully be excluded, Wandarra will not be under any liability to you (or any of your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms. We do not warrant that any of the functions contained in the Website or your access to the Website will be uninterrupted or error-free, or that any notifications will be made in a timely manner, or at all.
(d) The information contained in this Website is derived from sources believed to be true and accurate. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. For various reasons substantial delays may occur before particular information on the Website is updated. Accordingly, Wandarra does not warrant the reliability, accuracy, currency or completeness of that information and any reliance by you upon that information is at your sole risk. You should satisfy yourself as to the currency and accuracy of any information provided through this Website.
(e) You must indemnify Wandarra and hold Wandarra harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms, your access and/or use of the Website or reliance on its contents or information received through it by yourself or any person accessing any content through your Website.
(a) The Terms are governed by the laws of Queensland, 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 Queensland, 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.