Website Terms of Use

A. Introduction

(1) These Terms of Use (“TOU”) incorporate our Privacy Policy (available at https://waprestigecabinets.com.au and constitute an agreement between Us and You regarding Your access to our Website, and Your use of the Website, including any interactive features of the Website.

(2) IF YOU DO NOT CONSENT TO THESE TERMS OF USE, YOU SHOULD STOP USING THE WEBSITE.

(3) By using the Website, You are taken to acknowledge and agree with these TOU, regardless of whether any separate agreement exists between You and Us.

(4) If You enter into a separate agreement with Us, or open an account with Us, We may request You to consent to these TOU as part of that other agreement.

(5) If You are a representative of another entity and use the Website in that capacity, e.g. You are an employee of that entity, then these TOU apply both to You and that entity, and You warrant that You have full legal authority to accept these TOU on behalf of that entity. IF YOU DO NOT HAVE THAT AUTHORITY, YOU MUST STOP USING THE WEBSITE.

(6) You are at least 18 years of age, or, You are the legal guardian of a minor who is using the Website under Your proper supervision. In which case You are responsible for the minor’s actions and You become subject to these TOU on behalf of the minor.

(6) In these TOU:
“Client” means a person or entity with which we have a contractual relationship to provide the Products and/or Services, and includes any potential client that engages with Us with a view to receiving our Services.
“Non-Excludable Liability” is defined in clause F(2).
“Products and/or Services” includes the products and/or services identified in clause B(1), and any services that We provide to Clients and Visitors via the Website.
“Social Media Platform” includes any social media platform, such as Facebook or Instagram, which enables the monitoring by third parties of website visits by subscribers to the platform, and/or to target those subscribers with advertising or other communications.
“We” and “Us” are references to WA PRESTIGE CABINETS AND WARDROBES, including our principals, employees, agents and contractors, and cognate words have a corresponding meaning.
“Website” includes any website owned, operated or monitored by Us for the purposes of our business.
“You”, “Your” and cognate words are references to you, the Visitor using the Website.
“Visitor” means a person visiting or using the Website, including a Client or a Client’s employee or other representative.

B. The website and our services

(1) We offer and provide the following Products and/or Services to our Clients: the design, construction and installation of cabinets and wardrobes in premises.

(2) We use our Website to interact with Clients, including to receive messages from them and to gather information from them. The use, handling, storage and disclosure of any personal information that We gather from Website Visitors is covered by our Privacy Policy.

(3) The Website may include instructions for opening a Client account, including a request for relevant information to be supplied.

(4) You must not submit or upload any false, deceptive or misleading information through the Website (including any interactive features like contact forms or email links).

(5) We are not responsible for the reliability or continuity of Your Internet connection, or the capability of Your hardware and software. If You are unable to access or use our Website because of faults with these things, We are not liable for those faults. Our Website is optimised for viewing on current generation computer equipment, mobile devices and web browsers, and We do not guarantee that it can be viewed or used properly with older equipment, earlier generation browsers and/or operating systems.

(6) The operation of the Website and its various features relies on services that we obtain from third party contractors, such as our web hosting provider, our ISP, and our telecommunications provider. As these parties are independent and are not within our control, We cannot guarantee that the Website will always be accessible to You, or will function correctly 100% of the time. We will promptly deal with any faults or problems with the Website that are reported to Us.

(7) If we display photographs or images on the Website, especially of sample products or examples of the provision of our services, those photographs and images are illustrative and generic only, and may differ from the actual goods or services that are supplied to You.

(8) If We display any warnings on the Website, it is Your responsibility to properly read and comply with those warnings. You hereby release Us from any liability for all losses or claims resulting from Your failure to do so, except to any extent directly caused by our negligence.

(9) If We provide any instructions on the Website, it is Your responsibility to properly read and implement those instructions. You hereby release Us from any liability for all losses or claims resulting from Your failure to do so, except to any extent directly caused by our negligence.

C. General rules for using the website

(1) You must provide Us with your real name and real contact details whenever you communicate with Us via the Website. (2) You agree at all times when receiving our Services or ordering our Products via the Website, or otherwise accessing the Website:

To comply with all parts of these TOU and all applicable laws and regulations.
To communicate only accurate and truthful information to Us.
To use only log-in credentials that are validly issued to You by Us (if the Website allows You to log in).
To treat Us and our representatives with courtesy and respect.
To not use the Website for any illegal or unethical purposes.
To not interfere with or damage the Website.
To not interfere with any other Visitor.
To not infringe our intellectual property rights in contravention of any applicable laws and Section E of these TOU.

(3) We reserve the right to suspend a Visitor’s access to the Website, or to terminate a Client’s account, for any breach of the obligations set out in clause C(2) above.

D. Access to third party services or other websites.

(1) We may include links to third party websites (websites controlled by other persons) on the Website, for the convenience of our Visitors. As We do not control the persons who manage those other websites, We cannot and do not guarantee that the contents of those websites will be useful to You or free from malicious material. When leaving our Website to visit any other website, therefore, it is Your responsibility to take all necessary steps to ensure that You are not exposed to malicious or objectionable material, viruses, malware or other threats, and You make Your own assessment about the safety of visiting that other website.

(2) We endeavour to include links to other websites on our Website only where we are satisfied that linking to those other websites is appropriate and safe. If You become aware that any such linked third party website is not appropriate or safe, please notify Us immediately so that We can quickly take action to review the link.

(3) We may configure the Website to give You access to services provided by a third party, such as a payment facilitator. For example, You may have access to a payment gateway or a shopping cart payment feature operated by a bank, credit card company, or other operator, like Stripe or Paypal. Commonly, these services are accessed via a link that takes You to a separate webpage or website operated and controlled exclusively, for confidentiality reasons, by that third party. As We do not control those webpages, We cannot and do not guarantee that the third party’s services will be delivered correctly. Also, as We have no control over the third party’s use of any information submitted to the third party by these webpages, We cannot and do not guarantee that any information submitted to the third party via a payment facility will be confidential or will be immune from unauthorised exploitation or use.

(4) We endeavour to use only third party service providers that provide consistent, error-free and reliable services to our Clients, and that handle our Clients’ information with a very high degree of security, care and confidentiality. If You become aware that any third party payment or other service accessed via our Website does not function correctly, please notify Us immediately so that We can quickly take action to review that service.

E. Intellectual property rights.

(1) All text, graphics, editorial content, data, formatting, graphs, designs, HTML and CSS coding, images, colour schemes, photographs, music, sounds, images, software, videos, designs, proprietary typefaces and other elements that We use in the Website (“Proprietary Material”) is owned by Us or licensed to Us by a third party, and are protected by intellectual property laws including copyright law . You may not copy, download, use, redesign, reconfigure, or create a derivative work from any part of the Proprietary Material without our express, prior written consent and, if also required by law or by our contractual obligations, without the consent of any other person or entity whose authority is so required, e.g. a licensor. Any use of such Proprietary Material other than as part of your receipt of the Services and/or Products or Your authorised use of the Website is expressly prohibited and may subject You to civil and criminal penalties. (2) During and after receiving the Services and/or Products or using the Website, You must not copy or use any service marks or trademarks, logos or trade names without the properly given, legal consent of the legal owner of any of those things. (3) If We receive a complaint that any person’s intellectual property rights have been infringed by a Visitor or Client, in connection with their use of the Website, We may suspend that Visitor’s or Client’s access to the Website and the Client’s account with Us until the complaint is resolved. (4) If You misuse intellectual property belonging to a third party, which is licensed to Us, you are hereby warned that You may face legal action from that third party, as well as from Us. In many cases, our contractual arrangements with such third parties will oblige Us to report any breaches of their intellectual property rights that We become aware of. (5) If You believe that our Website misuses material in breach of any person’s intellectual property rights, you should contact Us immediately and we will act promptly to investigate the matter and take appropriate action as soon as possible. If the US Digital Millennium Copyright Act applies to such a case, You and we will comply with the procedures prescribed by that law when dealing with Your report. We will notify You of these procedures when you contact Us to report the alleged infringement.

Liability

(1) While We endeavour to ensure that our Website operates properly at all times, is secure for Visitors and Clients to use, and meets the standards that normally apply in our industry in Australia, We cannot and do not guarantee that it will operate to any specific standards, other than any standards imposed by applicable laws. In particular, We provide no specific warranties regarding the functioning or availability of the Website or its value to You, and offer it to You on an “as is” basis. You agree that Your use of the Website is at Your own risk in all respects, except to any extent mandated by law.

(2) Despite anything in clause E(2) above, We do not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by the laws in force in the State of Western Australia, Australia, or any other applicable law that governs Your use of the Website, (a “Non-Excludable Liability”).

(3) Except for losses or claims resulting from a Non-Excludable Liability, You hereby release Us from all liability for any loss that You experience or incur, and from any claims that derive, from You visiting or using the Website.

(4) In particular, We disclaim liability for any indirect or consequential damages, including loss of profits, of any person, connected in any way with Your use of the Website, except where that liability is a Non-Excludable Liability.

(5) You hereby indemnify Us, and will continue to indemnify Us, for any losses or claims (including claims made by any person through Us) arising from any breach by You of these TOU, except to the extent caused or contributed to by our negligence.

G. Updates and changes to terms of use and website.

(1) We reserve the right to add, change, or discontinue features of the Website, at any time, in our discretion, without notice to You and without Your permission. (2) We may update or vary these TOU at any time without notice to You and without Your permission. The version of the TOU that applies to You at any given time is the version in force at that time. It is your responsibility to check whether the TOU have been updated or varied. The TOU have a version ID shown at the very end of the TOU text.

H. General Provisions

(1) These TOU are governed by the laws in force in the State of Western Australia, and You agree that those laws will apply to all matters arising under these TOU and Your receipt of the Services via the Website, and that the courts of that State will have non-exclusive jurisdiction over all such matters.

(2) The provisions of these TOU are severable, and if any of the provisions is held by a competent court to be invalid or unenforceable, that provision will be regarded as severed and the remaining provisions will remain in full force and effect to the greatest extent possible.

(3) These TOU set out the entire understanding and agreement between You and Us with respect to the subject matters dealt with here.

(4) Failure by Us to enforce any provision(s) of these TOU will not be construed as a waiver of that or any other provision, or any associated right, in respect of any separate or repeated breach.

(5) If You have a complaint or query regarding the Website or these TOU, please contact Us by email sent to: {{EMAIL-ADDRESS}} and We will endeavour to resolve Your issue as quickly as possible. We request that You identify Yourself clearly in any communications with Us.

(6) If any dispute arises between You and Us in relation to any subject covered by these TOU, You agree that You and We must mediate the dispute, either under any dispute resolution scheme mentioned in clause I(2) below, or in the following manner, before You or We can resort to litigation, in respect of that dispute:
(a) The party raising the dispute must notify the other party in writing of the nature of the dispute.
(b) The parties will then negotiate in good faith to resolve the dispute, within 3 days of the notification referred to in paragraph (a) above.
(c) If negotiation fails to resolve the dispute within 5 further days, then either party may refer the dispute for mediation.
(d) If You are located within Australia, You agree that the mediation will be conducted in Western Australia, commencing as soon as possible, or facilitated by a mutually acceptable mediator, or, failing agreement on the choice of mediator, by a mediator chosen by the President of the Law Society of Western Australia.
(e) If You are located outside Australia, You agree that the mediation will be conducted by the Australian Centre for International Commercial Arbitration, commencing as soon as possible, facilitated by a mediator appointed by that body.
(f) The parties will participate in the mediation in good faith with a view towards resolving the dispute, and will share the costs of the mediation equally. Each party will be responsible for its own costs of participating in all negotiation and mediation conducted under this clause, and the mediation must conclude within 30 days of its commencement.
(g) Each party agrees that it cannot resort to litigation to resolve the dispute until after the negotiation and mediation procedures required by this clause have been implemented in good faith by that party. You acknowledge that mediation is an efficient and less costly method of resolving disputes, and that the parties may participate in mediation by any available technologies, including video conferencing.

(7) If you are located in the USA, then, for the purposes of the Federal Arbitration Act of that country, then, in addition to clause H(6), you hereby consent to any dispute under these TOU being resolved by “individual arbitration”, meaning that You waive any right You may have to a trial by judge and jury regarding the dispute. This waiver does not apply to intellectual property disputes or disputes that fall into the category of small claims.

I. Legal Information

(1) WA PRESTIGE CABINETS AND WARDROBES is the registered business name of the Trustees for the WA Prestige Cabinets Trust, of 18 Keates Road, Armadate, Westerm Australia, 6112. Contact person for these TOU: Wayne Visser , waye @ waprestigecabinets.com.au.

(2) If any dispute We have with You falls within the jurisdiction of the Housing Industry Association (of Australia) or the Cabinet Makers Association of Western Australia, then You or We may opt to resolve that dispute in accordance with any dispute resolution service provided by either of those bodies, in the alternative to the procedure set out in clause H(6) above.

VERSION INFORMATION: this version is 001-220319