Website Terms and Conditions
This website located at http://bluemountainco.com.au/ (the Website) is owned and operated by [Rain Harvesting Pty Ltd (ABN 11 113 300 093) (RHPL).
1. IP Rights
- All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to RHPL. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store content for any purpose, other than with the prior written consent of RHPL, or as permitted by law. All rights of RHPL are reserved.
- Trade marks used on the Website to describe third parties and their products are trade marks of those third parties.
2. Linking and Third Party Content
- You must not link to, frame or mirror any part of the Website without RHPL’s written authorisation.
- The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of RHPL. RHPL does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
3. Your conduct
- You must not:
- use the Website in breach of any applicable laws or regulations;
- use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of RHPL);
- use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
- interfere with, disrupt, or create an undue burden on the Website;
- upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- includes an image or personal information of another person unless you have their consent;
- you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content; or
- contains financial, legal, medical or other professional advice.
- Without limiting the above, you will not and will not permit a third party to:
- use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
- use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
If you believe that a user has breached any of the above conditions, please contact us.
- RHPL reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant RHPL a non‑exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.
- RHPL is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than RHPL. RHPL does not endorse any opinion, advice or statement made by any person other than RHPL.
- You agree to indemnify RHPL and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of RHPL in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.
While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website are hereby excluded. By accessing our Website, you agree to indemnify RHPL and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.
Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
These terms and conditions are governed by the laws of Victoria, Australia.
If you have any queries regarding these terms and conditions, please contact us.
Rain Harvesting Pty Ltd Product Purchase Terms
1. Acceptance of Terms
- This agreement (Product Purchase Terms) sets out the terms that govern the ordering and purchase of products from Rain Harvesting Pty Ltd (ABN 11 113 300 093) (RHPL, we, us, our) including from the website at http://bluemountainco.com.au/ (the Website).
- By purchasing any products (including via the Website) you agree to these Product Purchase Terms which constitute a separate legally binding agreement between you and RHPL.
- By placing an order for a product (including on the Website), you warrant that you are at least 18 years old and have legal capacity to enter into this agreement.
2. Pricing and product details
- Prices and specifications for products on the Website are subject to change.
- We use our best efforts to ensure specifications are correct but we rely on specifications provided by manufacturers. If we incorrectly price or describe a product and you make an order, we may contact you to let you know that the order was incorrect and we will give you the opportunity to cancel your order with a full refund (or you can elect to purchase the products).
- Unless otherwise indicated on the Website, all import duties, levies or imports, and any goods and services tax (GST), sales, transaction, use, excise, gross receipts, value added, property or other taxes or duties of any kind applicable to the product are to be paid by you and are not included in the price.
- When you make an order, you are offering to enter into an agreement to purchase the relevant product set out in your order.
- Unless we agree otherwise, you must pay for the products in full, including any applicable delivery costs, at the time of making the order.
- You will receive an order confirmation email shortly following your order. We will endeavour to dispatch your order within 5 business days from receipt of your order, unless we notify you otherwise.
- We have sole discretion to accept or reject any Order, any part of an order, or any variation or modification of an Order, requested by you.
- We have sole discretion to accept or reject any Order cancellation request by you. If a cancellation request is accepted by us, you will be liable for any loss incurred in respect of that order (including, without limitation, payment of any goods ordered by us from its suppliers relating to that order or any costs incurred by us as at the date of cancellation in respect of the services).
- We may cancel an order prior to dispatch of the products, provided that we provide you with a full refund. We will notify you if we need to cancel your order.
- We use third party couriers to deliver products you order. Accordingly, the delivery times for products will be impacted by shipping and other factors outside of our control. The dispatch times and delivery dates we provide are estimates only, and we are not able to guarantee delivery by a certain date or time.
- The applicable delivery fees (if any) are payable at the time of your order.
- Products will be considered to have been delivered in good condition and accepted by you unless you notify us within 30 days after delivery of any issues with the delivered products.
- You must provide us with a valid delivery address. You will be responsible for any additional re-delivery fees if you specify an incorrect delivery address.
- Provided you have paid us in full for the product, title and risk in products transfers to you once we dispatch the products to you. We are not responsible for damage to products in transit, and recommend you obtain freight insurance if you are concerned by the risk of damage during transit.
5. Returns and refunds
- If you believe you have received the wrong product, please let us know ([email protected]) and return the product within 30 days of delivery.
- Subject to the remedies you may have under the Australian Consumer Law, if you return a faulty, defective or incorrect product, we will offer one of the following (at our discretion):
- to replace the product or defective component;
- to repair the defect; or
- to refund the price paid for the product.
- We reserve the right to inspect the returned product before determining whether a replacement, repair or refund is offered.
- We may refuse your request for an exchange or refund if:
- the product has been thrown away, destroyed, lost, misused, or damaged through no fault of RHPL; or
- the product has been dealt with, or used contrary to, the manufacturer’s instructions we provided you with.
- We will pay the postage costs for returning products where there is a valid claim that a product was faulty or defective.
- A restocking fee of 17.5% is charged on the goods to be returned.
- We do not offer refunds or exchanges if you change your mind.
- We will not accept return of goods that have been custom made for you (including custom signs and gutter mesh that is custom cut/width, profiles for Spandex, Longspan and Bullnose).
- Please carefully read the specifications on our Website before placing an order. We do not offer refunds or exchanges if a product is incompatible with your equipment.
6. Australian Consumer Law and our liability
- Nothing in these Product Purchase Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
- Subject to clause 6.1, and to the maximum extent permitted by law:
- we exclude any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage; and
- our maximum aggregate liability to you if we breach these Product Purchase Terms or for our negligence is limited to the total amount you have paid us for the product to which your claim relates.
- Relationship – The Product Purchase Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
- Severance: If any provision (or part of it) of the Product Purchase Terms is held to be unenforceable or invalid in any jurisdiction, then it is severed from these Product Purchase Terms and the remaining provisions (and remaining part of the provision) remain valid and enforceable.
- Jurisdiction & Governing Law: The Product Purchase Terms subject to the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
- Entire Agreement: These Product Purchase Terms make up the entire agreement between you and us and supersede any prior agreement, understanding, representation or arrangement between you and us whether oral or in writing.
Rain Harvesting Services Purchase Terms
1. Acceptance of Terms
- This agreement (Services Purchase Terms) sets out the terms that govern the ordering and purchase of Services from Rain Harvesting Pty Ltd (ABN 11 113 300 093) (RHPL, we, us, our) including from the website at http://bluemountainco.com.au (the Website).
- By purchasing any Services (including via the Website) you agree to these Services Purchase Terms which constitute a separate legally binding agreement between you and RHPL.
- By placing an order for a product (including on the Website), you warrant that you are at least 18 years old and have legal capacity to enter into this agreement.
- Services include information, opinions, advice, data, information, documents, deliverables and other things specified in an agreed scope of work.
2. Pricing and Payment
- Pricing for services is described on the Website or as otherwise agreed between us. We may agree on a fixed price for a scope of work, an hourly, daily or some other rate.
- The scope of work for services may be fixed, described on the Website, or agreed between us.
- Payment for services is required up front, before we begin the work, unless we agree otherwise.
- Unless we agree otherwise, no refunds will be given.
- All prices displayed are in Australian Dollars and are exclusive of GST unless otherwise stated. Our prices and payment methods may be amended from time to time in our discretion.
3. Intellectual Property and Moral Rights
- If you provide us with material in which IP Rights subsist, for the purpose of us providing the services, you:
- represent and warrant that you have (or are licensed to provide to us) all necessary IP Rights in that material;
- grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the IP Rights in any way we require to provide the services to you; and
- consent to any act or omission which would otherwise constitute an infringement of your moral rights.
4. Limitation of Liability and Disclaimer
- You acknowledge and agree that the Services may contain errors, mistakes, inaccuracies and may not be complete. We expressly exclude any liability for such errors, mistakes, inaccuracies and incompleteness the maximum extent permissible by law.
- You are responsible to determine that the Services you request and we provide meet your specific requirements.
- We do not provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Services for any particular purpose or application.
- We disclaim all responsibility and liability for any third party provided advice or provision of services, or failure to advise or provide services.
5. Australian Consumer Law
- The Australian Consumer Law (ACL) under the Consumer and Competition Act 2010 (Cth) provides you with certain rights, warranties, guarantees and remedies relating to the provision of Services that cannot be excluded, restricted or modified. Our limitation of liability to you under this agreement is subject to those non-excludable rights, guarantees and remedies.
- Subject to clause 5.1, all Services are provided “as is” without any warranty or representation, and we expressly disclaim all implied warranties of merchantability and fitness for a particular purpose.
- To the extent that you are a consumer under the ACL, we guarantee that the Services will be provided: (i) with due care and skill, (ii) will be fit for the purpose that we advertise, or that you have told us you are acquiring the Services for, or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable, and (iii) will be supplied within a reasonable time.
- Our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
- Where the provision of Services depends on you providing us with information, data or some other thing, we are not liable for a failure to deliver the Services to the extent you delay in providing us with that information, data or some other thing, or where such information, data or other thing is incomplete, inaccurate or in error.
- You always indemnify and hold us harmless against any and all claims, liability, costs, compensation (including legal costs) damages or other loss, you incur or suffer, as a result of, arising directly or indirectly from, or in connection with (i) the Services, information, advice, an opinion or data that is not accurate, complete, error free or is misleading or a misrepresentation; (ii) your breach of these Services Purchase Terms, and (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.
- The obligations under this clause will survive termination of these Services Purchase Terms.
- Relationship – The Services Purchase Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
- Severance: If any provision (or part of it) of the Services Purchase Terms is held to be unenforceable or invalid in any jurisdiction, then it is severed from these Services Purchase Terms and the remaining provisions (and remaining part of the provision) remain valid and enforceable.
- Jurisdiction & Governing Law: The Services Purchase Terms subject to the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
- Entire Agreement: These Services Purchase Terms make up the entire agreement between you and us and supersede any prior agreement, understanding, representation or arrangement between you and us whether oral or in writing.
- IP Rights means all intellectual property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.