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Westcoast Elevators – WEBSITE TERMS OF USE

This website (Site) is operated by West Coast Elevators Pty Ltd ABN 16 168 826 113 (we, our or us).  It is available at: westcoastelevators.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these
terms of use and our Privacy Policy (available on our Site
westcoastelevators.com.au) (Terms).
Please read these Terms carefully and immediately cease using our Site if you
do not agree to them.

Variations: We may, at any time and at our discretion, vary these
Terms by publishing the varied terms on our Site. We recommend you check our
Site regularly to ensure you are aware of our current terms. Materials and
information on this Site (Content)
are subject to change without notice. We do not undertake to
keep our Site up-to-date and we are not liable if any Content is inaccurate or
out-of-date.

Licence to use our Site: We grant you a non-exclusive,
royalty-free, revocable, worldwide, non-transferable licence to use our Site in
accordance with these Terms.  All other
uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or
attempt to do anything: that is unlawful; prohibited by any laws applicable to
our Site; which we would consider inappropriate; or which might bring us or our
Site into disrepute, including (without limitation):

(a)  
anything that would
constitute a breach of an individual’s privacy (including uploading private or
personal information without an individual's consent) or any other legal
rights;

(b)  
using our Site to defame,
harass, threaten, menace or offend any person;

(c)   
interfering with any user
using our Site;

(d)  
tampering with or modifying
our Site, knowingly transmitting viruses or other disabling features, or
damaging or interfering with our Site, including (without limitation) using
trojan horses, viruses or piracy or programming routines that may damage or
interfere with our Site;

(e)  
using our Site to send
unsolicited email messages; or

(f)   
facilitating or assisting a
third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site,
including the Content, in any way that competes with our business. 

No commercial use: Our Site is for your personal, non-commercial
use only. You must not use our Site, or any of the Content, for commercial
purposes, including any advertising or advertising revenue generation activity
on your own website or any other platform, without obtaining a licence to do
so from us.

Information: The Content is not comprehensive and is for general
information purposes only.  It does not
take into account your specific needs, objectives or circumstances, and it is
not advice.  While we use reasonable
attempts to ensure the accuracy and completeness of the Content, we make no
representation or warranty in relation to it, to the maximum extent permitted
by law.

Intellectual
Property rights:
Unless otherwise indicated, we own or licence all rights,
title and interest (including intellectual property rights) in our Site and all
of the Content. Your use of our Site and your use of and access to any Content
does not grant or transfer to you any rights, title or interest in relation to
our Site or the Content. You must not:

(a)       
copy or use, in whole or in
part, any Content;

(b)       
reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast or circulate any Content to
any third party; or

(c)        
breach any intellectual
property rights connected with our Site or the Content, including (without
limitation) altering or modifying any of the Content, causing any of the
Content to be framed or embedded in another website or platform, or creating
derivative works from the Content.

User Content:
You may be permitted to post, upload, publish, submit or transmit relevant
information and content (User Content)
on our Site.  By making available any
User Content on or through our Site, you grant to us a worldwide, irrevocable,
perpetual, non-exclusive, transferable, royalty-free licence to use the User
Content, with the right to use, view, copy, adapt, modify, distribute, license,
sell, transfer, communicate, publicly display, publicly perform, transmit,
stream, broadcast, access, or otherwise exploit such User Content on, through
or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

(a)       
you are either the sole and
exclusive owner of all User Content or you have all rights, licences, consents
and releases that are necessary to grant to us the rights in such User Content
(as contemplated by these Terms); and

(b)       
neither the User Content
nor the posting, uploading, publication, submission or transmission of the User
Content or our use of the User Content on, through or by means of our Site will
infringe, misappropriate or violate a third party’s intellectual property
rights, or rights of publicity or privacy, or result in the violation of any
applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated
by third parties.  Unless expressly
stated otherwise, we do not control, endorse or approve, and are not
responsible for, the content on those websites. 
You should make your own investigations with respect to the suitability
of those websites. 

Discontinuance: We may, at any time and without notice to you,
discontinue our Site, in whole or in part. 
We may also exclude any person from using our Site, at any time and at
our sole discretion. We are not responsible for any Liability you may suffer arising
from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law,
we make no representations or warranties about our Site or the Content,
including (without limitation) that:

(a)  
they are complete,
accurate, reliable, up-to-date and suitable for any particular purpose;

(b)  
access will be
uninterrupted, error-free or free from viruses; or

(c)   
our Site will be secure.

You read, use and act on our
Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we
are not responsible for any loss, damage or expense, howsoever arising, whether
direct or indirect and/or whether present, unascertained, future or contingent
(Liability) suffered by you or any
third party, arising from or in connection with your use of our Site and/or the
Content and/or any inaccessibility of, interruption to or outage of our Site
and/or any loss or corruption of data and/or the fact that the Content is incorrect,
incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must
indemnify us, and hold us harmless, against any Liability suffered or incurred
by us arising from or in connection with your use of our Site or any breach of
these Terms or any applicable laws by you. This indemnity is a continuing
obligation, independent from the other obligations under these Terms, and
continues after these Terms end.  It is
not necessary for us to suffer or incur any Liability before enforcing a right
of indemnity under these Terms.          

Termination: These Terms are effective until terminated by us,
which we may do at any time and without notice to you.  In the event of termination, all restrictions
imposed on you by these Terms and limitations of liability set out in these
Terms will survive.

Disputes: In the event of any dispute arising from, or in
connection with, these Terms (Dispute),
the party claiming there is a Dispute must give written notice to the other
party setting out the details of the Dispute and proposing a resolution. Within
7 days after receiving the notice, the parties must, by their senior executives
or senior managers (who have the authority to reach a resolution on behalf of
the party), meet at least once to attempt to resolve the Dispute or agree on
the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except
the fact of the occurrence of the conference, will be privileged. If the parties
do not resolve the Dispute, or (if the Dispute is not resolved) agree on an
alternate method to resolve the Dispute, within 21 days after receipt of the
notice, the Dispute may be referred by either party (by notice in writing to
the other party) to litigation.

Severance: If a provision of these Terms is held to be void,
invalid, illegal or unenforceable, that provision must be read down as narrowly
as necessary to allow it to be valid or enforceable. If it is not possible to
read down a provision (in whole or in part), that provision (or that part of
that provision) is severed from these Terms without affecting the validity or
enforceability of the remainder of that provision or the other provisions in
these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by
the laws of Western Australia. You irrevocably and unconditionally submit to
the exclusive jurisdiction of the courts operating in Western Australia and any
courts entitled to hear appeals from those courts and waive any right to object
to proceedings being brought in those courts.

Our Site may be accessed
throughout Australia and overseas.  We
make no representation that our Site complies with the laws (including
intellectual property laws) of any country outside Australia.  If you access our Site from outside
Australia, you do so at your own risk and are responsible for complying with
the laws of the jurisdiction where you access our Site.

Terms and Conditions of the 'Extended Warranty + Extra Service' Promo:
Any Residential Lift purchase before December 31 will receive a free extended warranty for 24 months and 2 free services within those 24 months valued at $1500. 24 month period starts the day the client contract is established.

For any questions and notices, please
contact us at
:

West Coast Elevators Pty Ltd - ABN 16 168 826 113

Email: info@westcoastelevators.com.au

Last update: 11/Oct/2019

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