Kustom Engineering Pty Ltd T/A Watercom – WEBSITE TERMS OF ACCESS AND USE

  1. This website and all information, products and services on this website are owned and operated by Kustom Engineering Pty Ltd T/A Watercom (A.B.N.  24 166 209 454) (Kustom).  It is available at: watercom.com.au (Site) and may be available through other addresses or channels.
  2. The material on the Site is copyright 2022 belonging to Kustom or other copyright owners.
  3. The Site is available for you to:
    1. Access conditional on your acceptance without alteration of the terms and conditions set out below and on this Site.
    2. Upload material or information conditional on your acceptance without alteration of the terms and conditions set out below and on this Site.
  4. Terminology: In these Terms, the expressions “we”, “us” and “our” are a reference to Kustom as the Site owner.
  5. General:
    1. Except for the limited use set out in clause 5(b), you may not use the Site, or the material contained on it, for any purpose. This involves:
      1. the reproduction of the materials in any material or digital form;
      2. the distribution of the material in any material or digital form;
      3. re-transmission of the material by any medium of communication;
      4. uploading or reposting the material to any other website on the internet; and
      5. “framing” the material on the Site with other material on any other website.
    2. Despite the above restrictions on use of the material on the Site, you may download material from the Site for personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
    3. You may not modify or copy:
      1. the layout of the Site; and
      2. any computer software and code contained in the Site.
  6. Consent: By accessing and/or using our Site, you agree to be bound by these Terms of Access and Use and by our Privacy Policy (available on our Site) (Terms).  Please read these Terms carefully and immediately cease using our Site if you do not agree to them.  If you do not accept these Terms, you must refrain from using the Site.
  7. Amendments to Terms: We may, at any time, without notice to you and at our discretion, vary these Terms by publishing the varied terms on our Site.  Changes to the Terms will be effective immediately upon notification on this Site.  We recommend that you check our Site regularly to ensure you are aware of our current Terms.  Your continued use of the Site following such notification will represent an agreement by you to be bound by the Terms as amended.  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.
  8. 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 (as amended from time to time).  All other uses are prohibited without our prior written consent.
  9. Use of personal information gathered: We and any people or legal entities authorised by us, may gather and process the personal information:
    1. Which you may provide when accessing the Site, such as your name, address, email and other personal information about you; and
    2. Regarding the way in which you use the Site including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Site.
  10. We may authorise others to offer you goods and services using the information acquired, as described in clause 9 of these Terms.
  11. We will comply with the Australian Privacy legislation in respect of our collection, storage and use of your personal information. Please refer to our full privacy policy contained on the Site at the following link:  https://www.watercom.com.au/privacy/ for information on how we collect, store and use your personal information.
  12. 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):
    1. 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;
    2. using our Site to defame, harass, threaten, menace or offend any person;
    3. interfering with any user using our Site;
    4. 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;
    5. using our Site to send unsolicited email messages; or
    6. facilitating or assisting a third party to do any of the above acts.
  13. Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
  14. 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.
  15. Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights in any copyright, trade marks, patents, designs, logos, icons, brand names or otherwise) in our Site and all of the Content.
  16. We reserve all intellectual property rights, including but not limited to, copyright in the Site or the Content, material or services provided by it.
  17. 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. The following are unlawful in any jurisdiction and are specifically prohibited in these Terms. You must not:
    1. copy, store in any storage media or use, in whole or in part, any Content;
    2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party by any medium of communication or distribution whatsoever;
    3. upload, repost or “framing” with any other material the Content on any other website or application of any kind whatsoever;
    4. 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; and
    5. modify or copy the layout of the Site, or any computer software or code contained within the Site.
  18. 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.
  19. 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:
    1. 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
    2. 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.
  20. 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.
  21. 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.
  22. Warranties and disclaimers: Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms or protected by law to the extent that such exclusion, restriction or modification would render these Terms or any provision of these Terms void, illegal or unenforceable.
  23. We do not warrant, guarantee or make any representation that:
    1. neither the Site, or the server that makes the Site available on the internet are free of software viruses;
    2. the functions contained in any software contained on the Site will operate uninterrupted or are error free; and
    3. any errors and defects in the Site will be corrected.
  24. You acknowledge that:
    1. prior to entering into these Terms, you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these Terms and that prior to entering these Terms, you have availed yourself of that opportunity; and
    2. at no time prior to entering into these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
  25. To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content or any linked third party websites, including (without limitation) that:
    1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
    2. access will be uninterrupted, error-free or that the Site or its server are free from viruses (Malware or otherwise) or any other harmful mechanisms; or
    3. our Site will be secure.
  26. Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss (including but not limited to loss of profit or opportunity), 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 your acting or failing to act on any information contained on the Site 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.
  27. We are not liable to you for:
    1. errors or omissions in the Site, or linked third party sites on the internet;
    2. delays to, interruptions of or cessation of the services provided in the Site or any third party linked sites;
    3. defamatory, offensive or illegal conduct of any user of the Site; and
    4. content on any third party websites, whether or not linked with the Site in any way.
  28. The aggregate Liability of Kustom for all claims arising from use of the Site either jointly or severally is limited to a maximum of (AUD)$100.00.
    1. Subject to the above:
      1. we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked site, nor do we accept responsibility for any such loss arising out of your use or reliance on information contained on or accessed through this Site;
      2. any condition, warranty, right or liability which would otherwise be implied in these Terms or protected by law is excluded; and
      3. except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this Site or respect of any failure or omission on our part to comply with our obligations as set out in these Terms.
    1. Pursuant to s.64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth) (ACL)):
      1. this subclause applies in respect of any goods or services under these Terms which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this subclause will not apply if you establish that reliance on it would not be fair and reasonable;
      2. liability for breach of a guarantee conferred by the ACL, other than those conferred by ss.51-53 of the ACL, is limited:
        1. in the case of Goods, to any one of the following as determined by us:
          1. the replacement of the Goods or supply of equivalent goods; or
          2. the repair of the Goods; or
          3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
          4. the payment of the cost of having the Goods repaired;
        1. in the case of services, to any one of the following as determined by us:
          1. the supplying of the services again; or
          2. the payment of the cost of having the services supplied again.
  1. Indemnity: To the full 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.
  2. Termination: Access to this Site may be terminated at any time by us without notice.  Our disclaimer nevertheless survives any such termination.  These Terms are effective until terminated in writing 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 such a termination.  We have no liability for any costs, losses or damages of any kind arising because of terminating access to the Site for any reason.
  3. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming that a Dispute exists 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.
  4. 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.
  5. Jurisdiction: Your use of our Site and these Terms are governed by the laws of the State of New South Wales and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the State of New South Wales and the Commonwealth of Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
  6. 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 of 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 have accessed our Site.

 

For any questions and notices, please contact us at:

Kustom Engineering Pty Ltd T/A Watercom (A.B.N. 24 166 209 454)

Email: info@watercom.com.au

Last update: 4 May 2022