Terms and Conditions of Use

Welcome to the KITELEYS web site (the Web Site). The Web Site is owned by KITELEYS, 28 Railway St BOMADERRY NSW 2541. By accessing, browsing, or using this Web Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use then please do not use the Web Site.

You should also refer to our Privacy Policy, which contains important information regarding personal information you may provide to us on the Web Site.

Disclaimer of Warranty

KITELEYS has provided the information contained on this web site on the basis that we give the information in good faith. None of KITELEYS, its affiliates and any of their respective directors, officers, employees or agents makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Web Site (including in relation to any goods or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on the Web Site. You should not rely on the information on this site or any linked site without making your own independent assessment of the information. You should consult your own advisers to verify its accuracy.

You acknowledge that the inclusion of links from this site is not intended as an endorsement or recommendation. If you create a link to this web site, you do so at your own risk. We have not consented to any conduct with a linked site which may be unlawful or an infringement of a third party’s rights.

Limitation of Liability

In no event shall KITELEYS, its related bodies corporate and any of their respective directors, officers, employees or agents be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including but not limited to, loss of use, data, or profits, arising out of or in connection with:

• the use or access or any liability to use or access the Web Site or its contents;
• goods or services supplied by KITELEYS under the Terms and Conditions of Use; or
• a failure or omission on the part of KITELEYS to comply with its obligations under these Terms and Conditions of Use.

KITELEYS is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Web Site or any linked web site. You must take your own precautions to ensure that whatever you select for your use from the Web Site or any linked web site is free of viruses or any other thing that may interfere with or damage the operations of your computer systems.

To the fullest extent permitted by law, KITELEYS’s total liability to you (if any) for breach of any implied warranties or conditions which by law cannot be excluded shall be limited, at our election, to:

• In the case of information or services supplied or offered by us – the re-supply of the information or services or payment of the cost of doing this; or
• in the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

We are not liable for loss of any kind (whether direct or consequential) arising from the information at this site, or a linked site, being inaccurate, incomplete or misleading, and are not responsible for any interpretation, opinion or conclusion you form from the information. To the fullest extent permitted by law, all warranties (including warranties as to merchantability, infringement of intellectual property or fitness for a particular purpose) and conditions are excluded.

You must not carry on any activity which might involve us in liability, or any activity which uses intellectual property owned by, or licensed to, us, without our written permission.

Use of Web Site Content

Permission is only granted to you to display, copy, distribute, download, and print in hard copy portions of the Web Site for the purposes of:

• placing an order whether on-line or off-line with KITELEYS; or
• using the Web Site as an information source for your own purposes.

You must not, without our prior written permission, exploit the Web Site or any of its Contents for any other purpose or by any other means.

Prohibited Conduct

You must not, without our prior written permission and the permission of any other owner of rights in content on the Web Site, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.

You must not up-load, post, transmit or otherwise make available through the Web Site any material which:

• violates or infringes the rights of others (including their privacy and publicity rights);
• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• restricts or inhibits any other user from using or enjoying the Web Site;
• affects the functionality or operation of the Web Site or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require KITELEYS to take remedial action under any applicable industry code.

Indemnification

You agree to fully indemnify and hold KITELEYS and its related body corporate harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by you of these Terms and Conditions of Use.

Links to Other Web Sites

The Web Site may contain links to web sites operated by third parties. These linked web sites are not under the control of KITELEYS and we are not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. Links are provided to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by KITELEYS. Following links to such web sites is done so entirely at your own risk. KITELEYS accepts no liability for any loss incurred by you directly or indirectly as a result of your reliance on information on any linked web site and accepts no liability and disclaims all warranties, express or implied, regarding the purchase or use of goods or services on any linked web sites.

Linking to Other Web Sites

Linking to the Web Site will only be permitted with the prior written consent of KITELEYS. Any links if allowed, must link directly to the Web Site’s homepage and none of the other pages within the Web Site unless otherwise agreed by us in writing. To request permission to link to this site, please email the site’s webmaster info@kiteleys.com.au

Product Information and Availability

KITELEYS reserves the right to alter product specifications without notice. Publishing information about a product on the Web Site does not mean that the product is necessarily available for sale or in stock.

Governing Law

These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of New South Wales, Australia. You and KITELEYS agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Web Site Compliant with Australian Law Only

We do not warrant that the Web Site complies with the laws of any country outside of Australia. If you choose to access the Web Site from another location or jurisdiction, you do so at your own risk and are responsible for compliance with applicable local laws.

Severability

If any part of these Terms and Conditions of Use are or become illegal, invalid or unenforceable in any relevant jurisdiction, that or those provisions will be: (a) interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and (b) if necessary to maintain the effectiveness of these Terms and Conditions of Use, be severed for the purposes of that jurisdiction, with the remaining provisions remaining in full force and effect.

Waiver

Our failure to exercise or enforce any one or more of its rights under these Terms and Conditions of Use will not constitute a waiver of such rights unless such waiver is granted by KITELEYS in writing.

Amendment

KITELEYS may amend, update or change the Web Site including these Terms and Conditions of Use. Revised terms will be posted on the Web Site and will be effective immediately unless otherwise stated. By continuing to use the Web Site after any amendment becomes effective you agree to be bound by the Terms and Conditions of Use as amended. You should periodically visit this page to determine the current Terms and Conditions of Use to which you are bound.

Termination

The Terms and Conditions of Use are effective until terminated by KITELEYS. KITELEYS may terminate these Terms and Conditions of Use and your access to the Web Site at any time without notice. In the event of termination, all restrictions imposed upon you and all disclaimers and limitations of liability set out in the Terms and Conditions of Use shall remain effective despite termination.

Trademarks

KITELEYS are trade marks of Lysaght Building Solutions Pty Ltd. Except where otherwise stated, all registered trade marks used on the site are used with the permission of the registered owners. You must not use any trademarks without the prior, specific, written permission of its owner whether it is KITELEYS or a third party.

Copyright

All material on the Web Site is protected by copyright under the laws of Australia and, through international treaties, in other countries. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Web Site pages and on-line images including text, graphics, logos, button icons, video images, audio clips and software, including navigational software (collectively referred to as the Contents) are owned or controlled for these purposes, and are reserved, by KITELEYS and/or licensors.

You must not copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the Web Site or its contents except as expressly provided in the Terms and Conditions of Use.

All copyright resides in us. No part of the copyright material may be reproduced, re-used, re-transmitted, adapted, published, broadcast or distributed for any purposes whatsoever without our prior written permission.