Terms of Service

Website Terms and Conditions of Use (Services)

About the Website

The website is operated by Watermayne Projects Pty Ltd (ACN 146 292 113)

The Website facilitates interactions between:

Watermayne Projects Pty Ltd (we, us, our, ours); and
users of this website (you, yours)

The content of this website is for your general information and use only.

Definitions

Access to and use of the Website and the Services is subject to these terms and conditions as amended from time to time (Terms).

In these Terms, the services that we provide to you are called the Services.

Updating these Terms

We may review and change any of these Terms at our sole discretion by updating this page.

If we do update these Terms, we will use reasonable endeavours to provide you with notice of those updates. Any changes to the Terms take immediate effect from the date of their publication on the Website.

We recommend you keep a copy of these Terms for your records.

Acceptance of the Terms

Please read the terms and conditions carefully.

By using, browsing, and /or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms.

If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

You accept the Terms by remaining on the Website. You may also accept these Terms by clicking to accept or agree to the Terms where and if this option is made available to you on the Website.

Copyright and Intellectual Property

The Website, the Services, and all of our related products are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements, and interactive features) or the Services are owned and controlled for these purposes, and are reserved b Watermayne or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by us and we grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are accessing the Website to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in Your device’s cache memory; and

We do not grant to you any other rights whatsoever in relation to the Website or the Services or any of our other intellectual property. All other rights are expressly reserved by us.

Watermayne retain all rights, title and interest in and to the Website and all related Services.

Nothing you do on or in relation to the Website will transfer to you any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation or modification of such a thing, system or process).

You may not, without Watermayne’s prior written permission and the written permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way any content on the Website or the Services or third party Services for any purpose – unless otherwise provided by these Terms.

This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Privacy

Watermayne takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Watermayne will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and comprising the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, and licensors make any express or implied representation or warranty about the Services or any products or Services (including our products or Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability, or currency of any information on the Website, the Services, or any related products (including third-party material and advertisements on the Website);

(d) the Services or operation in respect to links which are provided for Your convenience.

You acknowledge that the Website and the Services are only intended to facilitate the interactions between you and us and we do not offer any services other than the Services and we have no liability to you as a result of any conduct of a user.

Limitation of Liability

Our total liability to you arising out of or in connection with your use of the Website or the Services however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that we and our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of Watermayne. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Watermayne will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Termination

The Terms will continue to apply until terminated by either you or by Watermayne.

If you want to terminate to Terms, you may do so by:

Sending a notice in writing to Watermayne via the ‘Contact Us’ link on our homepage or by emailing our office.

Subject to local applicable laws, Watermayne reserves the right to suspend or deny, in our sole and unfettered discretion, your access to all or any portion of the Website or the Services without notice to you if you breach any provision of these Terms or any applicable law or if your conduct impacts (or has the potential to impact) our name or reputation or violates (or has the potential to violate) the rights of another party.

When your access to the Website comes to an end, all of the legal rights, obligations, and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations, and liabilities indefinitely.

Indemnity

You agree to indemnify us, our affiliates, employees, agents, contributors, third-party content or reward providers, and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your use of the Website and its content;

(b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or

Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the head of an appropriate mediation body selected by the President of the Law Society of South Australia or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Adelaide, South Australia.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

Governing Law

The Terms are governed by the laws of South Australia and may be updated from time to time. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of that state, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that these Terms are fair and reasonable and that they have had the opportunity to obtain independent legal advice in relation to them.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Website Terms and Conditions of Use (Services)

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