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TERMS AND CONDITIONS

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. GUIDELINES FOR REVIEWS

7. SITE MANAGEMENT

8. PRIVACY POLICY

9. TERM AND TERMINATION

10. MODIFICATIONS AND INTERRUPTIONS

11. GOVERNING LAW

12. DISPUTE RESOLUTION

13. CORRECTIONS

14. DISCLAIMER

15. LIMITATIONS OF LIABILITY

16. INDEMNIFICATION

17. USER DATA

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

19. CONTACT US


1. AGREEMENT TO TERMS


These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity ("you") and Carports and Outdoors, doing business as Carports and Outdoors ("Carports and Outdoors," "we," "us," or

"our"), concerning your access to and use of the https://carportsandoutdoors.com.au

website as well as any other media form, media channel, mobile website or mobile

application related, linked, or otherwise connected thereto (collectively, the "Site").

We are registered in Australia and have our registered office at Tarneit Road,

Hoppers Crossing, Victoria 3029. You agree that by accessing the Site, you have

read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO

NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

The Site is intended for users who are at least 18 years old. Persons under the age

of 18 are not permitted to use or register for the Site.


2. INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, the Site is our proprietary property and all

databases, functionality, software, website designs, audio, video, text, photographs,

and graphics on the Site (collectively, the "Content") and the trademarks, service

marks, and logos contained therein (the "Marks") are owned or controlled by us or

licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws. The Content and the

Marks are provided on the Site "AS IS" for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no

Content or Marks may be copied, reproduced, aggregated, republished, uploaded,

posted, publicly displayed, encoded, translated, transmitted, distributed, sold,

licensed, or otherwise exploited for any commercial purpose whatsoever, without our

express prior written permission.


3. USER REPRESENTATIONS


By using the Site, you represent and warrant that:

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof).


4. USER REGISTRATION


You may be required to register with the Site. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.


5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available.


6. GUIDELINES FOR REVIEWS


We may provide you areas on the Site to leave reviews or ratings. When posting a

review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references; (4) your reviews should not

contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform,

and/or distribute all content relating to reviews.


7. SITE MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


8. PRIVACY POLICY


We care about data privacy and security. Please review our Privacy

Policy: https://www.carportsandoutdoors.com.au/_files/ugd/ac1295 93ec5791a2

7e4864a9f0f9c7fe34f2ef.pdf. By using the Site, you agree to be bound by our

Privacy Policy, which is incorporated into these Terms of Use. Please be advised the

Site is hosted in Australia. If you access the Site from any other region of the world

with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Site, you are transferring your data to Australia, and you agree to have your data transferred to and processed in Australia.


9. TERMS AND TERMINATION


These Terms of Use shall remain in full force and effect while you use the Site.

Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time without warning, in our sole discretion.


If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.


10. MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Site. We also reserve the right to modify

or discontinue all or part of the Site without notice at any time. We will not be liable to

you or any third party for any modification, price change, suspension, or

discontinuance of the Site.


We cannot guarantee the Site will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Site, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Site at any time or for

any reason without notice to you. You agree that we have no liability whatsoever for

any loss, damage, or inconvenience caused by your inability to access or use the

Site during any downtime or discontinuance of the Site. Nothing in these Terms of

Use will be construed to obligate us to maintain and support the Site or to supply any

corrections, updates, or releases in connection therewith.


11. GOVERNING LAW


These Terms shall be governed by and defined following the laws of Australia.

Carports and Outdoors and yourself irrevocably consent that the courts of

Australia shall have exclusive jurisdiction to resolve any dispute which may arise in

connection with these terms.


12. DISPUTE RESOLUTION


Informal Negotiations: 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


13. CORRECTIONS


There may be information on the Site that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Site at any time, without

prior notice.


14. DISCLAIMER


The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk.

We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. 

you should use your best judgment and exercise caution where appropriate.


15. LIMITATIONS OF LIABILITY


In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive

damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.


16. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys' fees and expenses, made by any third party due to or arising out of: (1)

use of the Site; (2) breach of these Terms of Use; (3) any breach of your

representations and warranties set forth in these Terms of Use; (4) your violation of

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Site with whom you connected via

the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to

assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it.


17. USER DATA


We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Site, as well as data relating to your use of the Site.

Although we perform regular routine backups of data, you are solely responsible for

all data that you transmit or that relates to any activity you have undertaken using the

Site. You agree that we shall have no liability to you for any loss or corruption of any

such data, and you hereby waive any right of action against us arising from any such

loss or corruption of such data.


18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES


Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF

 ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,

AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.



19. CONTACT US


In order to resolve a complaint regarding the Site or to receive further information

regarding use of the Site, please contact us at:

info@carportsandoutdoors.com.au