PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING THIS SITE
The coastwatch.com website (the "website") is owned by Coastwatch Pty Ltd (‘CW’). Your access to, use of, linking to the Website, downloading information on the Website is conditional on your acceptance and compliance without alteration of the Terms set out on this page, and elsewhere on the Website. By continuing to access the Website you are agreeing to the Terms. CW reserves the right to amend the Terms at any time, without further notice to you. These Terms or any modifications thereto constitute an agreement between you and CW.
The Copyright in this website is owned by CW, its agents and/or professional advisors unless otherwise indicated. Content of this Website is protected by Australian and international trademark and copyright law. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this Website, or create any other material using material on this website, without obtaining the prior written permission of CW.
By publishing this Website, CW does not authorise or license the use of Material belonging to it or to other parties who have contributed content to the Website or to Linked Websites.
CW's names and logos and all related trademarks, trade-names, and other intellectual property are the property of CW and cannot be used without its express prior written permission. Users also may not, without CW's permission, insert a hyperlink to this website on any other website or "mirror" any material contained on this website on any other server.
CW, it's directors, employees and associates do not guarantee the security of this website, Accordingly any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission we will take reasonable steps to preserve the security of your information. If you are provided a login to allow you to access certain pages in this Website, such login information must not be made available to unauthorised personnel or third parties.
This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act 2001 and Competition and Consumer Act 2010.
This Website may contain links to web sites of third parties ("third party sites"). CW is not required to maintain or update the links. Links to third party sites should not be construed as any endorsement, approval, recommendation or preference by CW or the owners or operators of the third party sites, or for any information, products or services referred to on the third party sites unless expressly indicated on this Website.
To the full extent permitted by law, CW disclaims all warranties. Specifically, CW does not give any warranty or assurance: (a) as to the suitability of the Material to your specific circumstances; or (b) as to the availability or accessibility of this Website or Linked Websites at any time; or (c) that the Website or Linked Websites will be suitable to be accessed by or are compatible with particular computer equipment or systems or software; or (d) that the Website or Linked Websites are error free or that its or their servers are free of computer viruses and other harmful features. If you link to or have any dealings with a Linked Website you do so entirely at your own risk. CW is not a party to any transaction between you and a Linked Website and does not exercise any control over the quality, safety or legality of any items advertised or sold or any statements made on any Linked Website. When you use a Linked Website your use of it is subject to the terms and conditions of that site in addition to the Notices. To the extent that there is any inconsistency between the Notices and the terms and conditions of a Linked Website, the Notices prevail.
Internet Service Providers
If you are an Internet service provider supplying the Material to your subscriber, you must not use the Website for any purpose which is unlawful or which violates any right of CW or which is prohibited by the Terms and Conditions.
CW makes no representations about the accuracy, reliability or completeness of the Material. The Material may contain errors. Changes may be made to the Website from time to time, at any time.
The Competition and Consumer Act 2010 and State laws imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibits exclusion, modification and restriction of such terms ("Legislated Terms"). Except as provided by the Legislated Terms, CW, its suppliers, or any third parties mentioned on the Website will not be liable for any loss, damage or cost in connection with your use of the Material or your access to the Website or Linked Websites.
CW may amend the Notices at any time and it will do so by posting amendments on the Website. We recommend that you visit the Notices regularly to review them because any amendments will be effective immediately and by continuing to use our Website you agree to be bound by the amended terms and conditions.
By using and continuing to use this Website you release and indemnify CW (including our agents and employees), to the extent permitted by law, from all actions and claims you have or may have in connection with your use of this Website or any Linked Website.
Termination of Access
CW may terminate your access to the Website at any time without notice to you and without providing you with any reason for doing so. If CW terminates your access, you are no longer authorised to access the Website.
All restrictions imposed on you, disclaimers and limitations of liability set out in the Notices will survive termination.
If any part of the Notices is found by a Court to be invalid or unenforceable the remaining provisions of the Notices will continue in full force and effect.
All rights not expressly granted are reserved. The Notices are governed by the laws of Australia.
To the extent permitted by law, all representations, warranties and other terms are excluded and our liability to anyone using this Website and Linked Websites is expressly limited. You must ensure that your access to this Website or Linked Websites is not illegal or prohibited by laws which apply to you or in your location.
CW is not liable to you or anyone else for any loss in connection with use of this Website or a Linked Website.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Specific Warnings and Disclaimers
You must not act on anything contained on this Website without first obtaining professional advice specific to your circumstances. The information on this Website is not intended to be comprehensive advice and is intended only to provide a summary of the subject matter covered. You rely on it entirely at your own risk.
CW does not undertake to keep this Website updated and will not be liable to you or anyone else if the information on this Website is incorrect or is not up- to-date. All legal content contained on this Website relates only to the laws of Australia, unless specifically stated otherwise. The laws of Australia may be different from the laws in your location.
CW will not be liable to you or anyone else if using this Website or a Linked Website interferes with or damages your computer systems. You must take your own precautions to ensure that whatever you use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
Complaints: We aim to provide outstanding customer service. If you have any complaint regarding the service You have received from CW, please don’t hesitate in contacting our Customer Service Department at firstname.lastname@example.org.
Warranties and Exclusions of Liability
CW warrants that all Goods and Services, when delivered to the Customer, will comply with any description for them contained in the relevant Order Confirmation and with the Standard Specification for the Goods and Services.
The Customer acknowledges, agrees, represents and warrants that:
i. as the use of the Goods is outside the control of CW, the Customer is satisfied that the Goods when supplied will have the condition, characteristics, quality and attributes that will make them suitable or fit for any ordinary or special purpose required for those Goods;
ii. the Customer will conduct all mandatory and prudent tests and apply all mandatory and prudent quality control checks and procedures to ensure the Goods and any product that is produced from them will be without defect and suitable or fit for any purpose required for them; and
iii. the Customer has not relied upon any statement, representation, warranty, condition, advice, recommendation, information, assistance or service provided or given by CW or anyone on its behalf in respect of the Goods and Services, other than those that are expressly contained in the Contract.
The Customer releases and indemnifies CW and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Customer and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of any breach by the Customer of any warranty provided by it under paragraph b) of this clause.
Except as expressly set out in the Contract and except for liability under any Prescribed Terms, to the full extent permitted by law:
i. all conditions, warranties, terms and obligations expressed or implied by law or otherwise relating to the Contract or the performance of CW’s obligations under the Contract or to any goods or services supplied or to be supplied by CW under the Contract are excluded, except for those conditions and warranties as to title in the goods; and
ii. without limiting the generality of the foregoing, CW gives no condition or warranty whatsoever as to the suitability, performance or fitness of the goods for their ordinary or any special use or purpose, and the description of the goods in any Contract or any other document shall not import any such condition or warranty on the part of CW.
To the extent permitted by law the liability of CW for a breach of any condition or warranty contained in the Contract including (without limiting the generality of the foregoing) any Prescribed Term implied into the Contract is limited, at CW’s option, to:
i. In the case of Goods, the repair or replacement of the goods or the supply of equivalent goods or the cost of repairing or replacing the goods or of acquiring equivalent goods; and ii. In the case of Services, the re-supply of the services or the payment of the cost of re-supplying the services;
ii. to the extent permitted by law, CW will have no liability to the Customer, however arising in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity arising out of or in connection with the Contract or its performance.
Force Majeure: CW accept no liability whatsoever for the consequences of any failure or delay on its part to perform the Contract when due, to the extent that such failure or delay is due directly or indirectly to any event of force majeure. Without limiting the generality of the foregoing, this includes any liability whatsoever for any delay in completion, delivery, despatch, shipment or arrival of Goods and Services. "Event of force majeure" includes any acts of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of CW. If there is an event of force majeure, CW will notify the Customer of the event and the likely impact on its performance under the Contract. If the event affects the capacity of CW to complete its material obligations under the Contract in a timely manner, CW may by notice to the Customer terminate the Contract without any liability whatsoever on its part arising from such termination.
Notices: Any notice to be given to a Customer must be given by email to the Customer’s email address nominated on the online Customer Order Form.
Assignment: A Customer must not assign or transfer or purport to assign or transfer any of its rights or obligations under or in connection with the Contract to any other person or corporation whatsoever.
Sub-Contract: CW reserves the right to sub-contract the performance of any Contract or part thereof to any other person or entity it may determine.
Proper Law and Jurisdiction: All Contracts made between CW and the Customer is governed by and construed in accordance with the laws of Queensland, Australia and the Parties agree to submit to the non-exclusive jurisdiction of the Queensland Courts.
Cost Recovery: Any expenses, costs or disbursements incurred by CW in recovering any outstanding money owing by the Customer, including all debt collection fees and all solicitors costs payable by CW must be paid in full by the Customer.