Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. If you continue to use our website, this will indicate your agreement and acceptance of these changes.
LIMITATION OF LIABILITY
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions, and the Australian Consumer Law to the extent applicable.
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from:
- your access to, or use of, or inability to access or use this website;
- errors or from omissions in our documents or information
- any conduct or content of any other user or third party; or
- any goods or services we may offer or from any other use of the website
- unauthorised access, use or alteration of your User Content.
- your use or reliance on any third party content, links, comments or advertisements.
Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
If we are not able to exclude liability, our aggregate liability for all claims relating to this website will not exceed one hundred Australian dollars (or equivalent).
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), probitypeople.com.au's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of probitypeople.com.au. Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
LINKS TO OTHER WEBSITES
probitypeople.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between probitypeople.com.au and the owners of those websites. probitypeople.com.au takes no responsibility for any of the content found on the linked websites. probitypeople.com.au's website may contain information or advertisements provided by third parties for which probitypeople.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a 'recommendation' only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, probitypeople.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
Probitypeople.com.au does not warrant:
- this website will meet your requirements
- the information is accurate or reliable
- this website or your access to this website will be completely error free
- that our website or its server is free of viruses or any other harmful components
- this website will operate on a continuous basis or be available at any time.
We are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using the Services. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive, or otherwise unsuited to your purpose.
We have no responsibility for any damage to your computer system or loss of data that results from the download of any Information, User Content or any other content made available to you via this website. Any content, materials or information downloaded or otherwise obtained through the use of this website is done at your own discretion and risk.
ProbityPeople endeavour to have the most accurate, reliable and up-to-date information on our website, however we make no representations or warranties (express or implied) in relation to the completeness, accuracy, reliability, suitability or availability of any information, document, images, product, services, link or related graphics contained in this website.
It is your sole responsibility and not the responsibility of probitypeople.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may notapply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
probitypeople.com.au may be required, in certain circumstances, to disclose information in good faith and where probitypeople.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of probitypeople.com.au. probitypeople.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then probitypeople.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. probitypeople.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, software, content, trademarks, trade names, and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party.
In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. probitypeople.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and probitypeople.com.au concerning your use and access to probitypeople.com.au's website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and probitypeople.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.