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By accessing and/or using this website “THE WATERPROOFING SHOP PTY LTD, you agree to the following terms of use which include our legal disclaimer and our privacy policy, and any other terms or conditions on this website. These Terms may change without notice.

By continuing to use our website you accept the Terms of Use and any changes as they apply from time to time.

TERMS

  1. You must use the www.thewaterproofingshops.com.au in accordance with the Terms of Use
  1. Your access to and use of The Waterproofing Shop website is subject to these Terms, Privacy Policy and our Security Policy.
  2. The policies on this web site are operated by The Waterproofing Shop, under the domain name www.thewaterproofingshop.com.au
  3. We encourage users to review the Security and Privacy Statement periodically because the Security and Privacy Statement may change from time to time
  4. You and Your means the buyer/user of this website
  5. Our, Us, and We means The Waterproofing Shop Pty Ltd

DISCLAIMERS

We do not warrant that information provided, or communications transmitted in connection with the website, will be accurate, error free or free from viruses.

We will not be liable to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

We handle your information with care and confidentiality. Any personal data that you disclose is dealt with in accordance with our data protection policy. You acknowledge that unless otherwise agreed in writing, we have an unlimited right to use, disclose and permit the further use of any non-personal data provided by you in connection with your use of the website and such information shall be non-confidential.

Except to the extent stated in these conditions or otherwise agreed in writing, we shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever in connection with the use of the website other than for death or personal injury resulting from our negligence or for fraud on the part of any of its employees whilst acting in the course of their employment. In particular, we shall have no liability for any consequential loss or damage suffered, directly or indirectly, by you or any third party arising from the use of the Website, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim by any person.

Although we will take reasonable care to ensure that all details, colours, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto our system. We accept no responsibility for the content of websites or pages linked to any part of our website.

Photographs of goods are for illustrative purposes only and while we do our best to ensure they match the product description; they may vary from the goods described. Images may include additional elements for demonstration purposes.

We cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

Title and risk in the products, such as loss and damage, pass to you once payment has been completed, on delivery or collection, as the case may be.

To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner

By using this website, you acknowledge:

  1. Any on-line sale and any payment, made through an electronic instruction may not be received by us for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website provider or systems;
  2. To the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
  3. We may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

We may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

Stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.

Your on-line order will be deemed accepted once received by our system of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

Any advice, opinion or information is given to assist the use of our products on the basis that you will ensure its suitability for the application intended. In particular we cannot accept liability for loss or damage which may arise from any incorrect use of our products or from poor workmanship. We operate a continuous research and development programme and reserve the right to update and delete information on the Website without notice.

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website without notice.

We may at our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. 

Intellectual property

All patents, registered designs, registered trademarks and applications for any of the foregoing, copyright, unregistered design rights, confidential information, database rights, trade and business names (including internet names and email address names) and other intellectual property rights presently existing or arising in future in connection with the website, including any data we supply and in connection with the supply and installation of our products, shall be and remain our sole property.

You shall not use or permit the use (except in connection with the purchase of goods from us) or copy or modify in any way any information or other materials provided by us without our prior written authorisation or except as may be required by law.

Deemed illegal

You must not:

  1. Make any fraudulent or speculative enquiries, bookings, or requests using this website
  2. Use another members ID, impersonate or enter false or misleading information.
  3. Use this website to send unsolicited electronic mail messages to anyone
  4. Use our website for any activities, or post or transmit to or via www.thewaterproofingshop.com.au information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes
  5. Use this website in a way, or post to or transmit to or via www.thewaterproofingshop.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying www.thewaterproofingshop.com.au           
  6. Post to or transmit to or via www.thewaterproofingshop.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
  7. Tamper with, hinder the operation of or make unauthorised modifications to the website
  8. Knowingly transmit any virus or other disabling feature to or via the website
  9. Attempt any of the above acts or permit another person to do any of the above acts

When entering into a sale contract via the website, its is finalised only when:

  1. All requirements set out in these terms have been met
  2. The electronic instruction containing the offer from you enters and is recorded in our database;
  3. A record is created and stored in our database; and
  4. We receive in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

DELIVERIES

The terms of this clause apply where you select to have your goods delivered to a specified address.

Delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes or parcel lockers.

You will be required to be available in person to accept delivery of your Order.

We will use its best endeavours to deliver your Order within any stated timeframes for despatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.

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