Introduction
The Terms of Use will govern your use of this website, including all pages within this website (Sapphire Coast Tree Website). The Terms of Use of the Sapphire Coast Tree Website include these Terms and Conditions, the Privacy Policy, and any other terms and conditions that appear in or are linked to the Sapphire Coast Tree Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Sapphire Coast Tree Website.
By using the Sapphire Coast Tree Website, you acknowledge and agree to all the Terms of Use. You must not use the Sapphire Coast Tree Website, if you do not agree, or have any objection, to any of the Terms of Use.Website Access
Sapphire Coast Tree does not guarantee that access to the Sapphire Coast Tree Website will be uninterrupted or that the Sapphire Coast Tree Website is free from viruses or anything else that may damage any computer, server, system, network, or hardware (System) used to access the Sapphire Coast Tree Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.
Certain areas of the Sapphire Coast Tree Website may be restricted from access by you and Sapphire Coast Tree may further restrict your access to any areas of the Sapphire Coast Tree Website, at any time, in its sole and absolute discretion.Limitation Of Liability
The Sapphire Coast Tree Website is provided “as is”, and Sapphire Coast Tree makes no express or implied representations or warranties, of any kind related to the Sapphire Coast Tree Website or its content. Sapphire Coast Tree does not warrant the accuracy, reliability, adequacy, or completeness of any of the Sapphire Coast Tree Website content. You acknowledge and accept that the Sapphire Coast Tree Website content may include faults, inaccuracies, and errors.
Nothing contained on the Sapphire Coast Tree Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness, and currency of the content on the Sapphire Coast Tree Website you wish to rely upon. To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Sapphire Coast Tree excludes all liability for, and neither Sapphire Coast Tree nor its officers, employees, or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with: your use of, or reliance on, the Sapphire Coast Tree Website or its content; or the performance or failure of the Sapphire Coast Tree Website. You hereby indemnify Sapphire Coast Tree from and against any and all liabilities, costs, demands, claims, causes of action, damages, and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the Sapphire Coast Tree Website, it’s content or breach of any of the provisions of the Terms of Use. Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then Sapphire Coast Tree’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following: in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods or payment of the cost of having the goods repaired; or payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to either resupply the services or payment of the cost of having the services supplied again.Intellectual Property
The content on the Sapphire Coast Tree Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams, and other graphic materials (Content), and the names, logos, and trademarks (Brands), are the property of Sapphire Coast Tree or have been made available for use by Sapphire Coast Tree and are protected by copyright, trademark, moral rights, and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print is not removed. You must not:
copy, reproduce, perform, adapt, modify, or translate the Content; or retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally, or in print or other form) any of the Content to any third party, without the express prior written consent of Sapphire Coast Tree. Alternatively, you should direct the third party to the Sapphire Coast Tree Website and the relevant Content on the Sapphire Coast Tree Website. Sapphire Coast Tree does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or the user interface of the Sapphire Coast Tree Website except as granted in these Terms of Use or as expressly granted by Sapphire Coast Tree in writing.Submissions
Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams, or other graphic materials you send to us on or via the Sapphire Coast Tree Website (Your Content) will be deemed to be non-confidential and non-proprietary. Sapphire Coast Tree will be entitled to use any of Your Content for any purpose without compensation to you.
Your Content must be your own and must not infringe any third party’s rights. You grant Sapphire Coast Tree a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast, and distribute Your Content in any and all forms and media, including on the Sapphire Coast Tree Website.Third-Party Websites
The Sapphire Coast Tree Website may contain links to other websites operated, controlled, or produced by third parties. Unless otherwise indicated, Sapphire Coast Tree does not control, endorse, sponsor, or approve any such third-party websites or their content or any products or services offered on or through those websites. Sapphire Coast Tree does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.
Links To Sapphire Coast Tree Website
If you wish to establish a link to this website, you must first seek approval from Sapphire Coast Tree. Please email Sapphire Coast Tree with your request at info@sapphirecoasttree.com.au. You must not establish a link to the Sapphire Coast Tree website without Sapphire Coast Tree’s express written approval.
If Sapphire Coast Tree agrees to your proposed link, you must comply with any terms and conditions imposed by Sapphire Coast Tree as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Sapphire Coast Tree and provide a new description of your website and seek Sapphire Coast Tree’s written approval to retain the link to the Sapphire Coast Tree Website. Sapphire Coast Tree may at any time withdraw its approval to your link by notifying you in writing. If Sapphire Coast Tree notifies you that its approval has been withdrawn you must immediately remove the link to the Sapphire Coast Tree Website.Interference With Website
You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with the Sapphire Coast Tree Website or any of its Content or Brands.
You must not: use the Sapphire Coast Tree Website in any way that is, or may be, damaging to the Sapphire Coast Tree Website or to Sapphire Coast Tree or in a way that causes, or may cause, harm to Sapphire Coast Tree, the Sapphire Coast Tree Website or to any person or entity; use the Sapphire Coast Tree Website in any way that impacts with user access to the Sapphire Coast Tree Website; use the Sapphire Coast Tree Website contrary to applicable laws or regulations; engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Sapphire Coast Tree Website or its Content or while using the Sapphire Coast Tree Website or its Content; or use the Sapphire Coast Tree Website to engage in any advertising or marketing.Jurisdiction
These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.
Variation Of Terms
Sapphire Coast Tree is permitted to revise these Terms of Use at any time as it sees fit, and by using the Sapphire Coast Tree Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the Sapphire Coast Tree Website.
Assignment
Sapphire Coast Tree may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.