Terms & Conditions
www.aquamistbydesign.com is operated by The Aquamist Corporation Pty Ltd (ABN 31 606 473 278) and may contain material from other related companies (collectively “Aquamist Group”) as outlined in clause 10 below. Use of the Aquamist By Designs website implies that you accept the following Terms and Conditions. Please read these Terms and Conditions in full before using this website. Aquamist By Designs Terms and Conditions may be amended from time to time so we recommend that you check back in case they have changed since your last visit.
1. Access
www.aquamistbydesign.com is open to access without having to register details or create a user account.
2. Using this website
You are permitted to use our website for your own purposes and to print and download material from this website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission or unless www.aquamistbydesign.com is clearly referenced and hyperlinked to the website as the source of this content. The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent. Subject to the preceding paragraph, no part of this website may be reproduced without our prior written permission. You must not use any trademarks used on the Aquamist By Design website without the prior written permission of the owner of the trademark. Aquamist By Design will enforce its intellectual property rights to the fullest extent of the law.
3. Site uptime
We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this website is unavailable at any time. This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. Visitor conduct
When using this website, you shall not send to or from this website any material:
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia; and
which is harmful in nature including, and without limitation, computer viruses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the above.
5. Links to and from other websites
Any links to third party websites located on this website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this website, it is at your own risk. If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:
you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you;
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in Australia.
If you choose to link to our website in breach of this paragraph, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6. Disclaimer
We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms and Conditions may have effect in relation to this website.
7. Exclusion of liability
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the laws of Australia.
8. Governing law
These General Conditions are governed by the laws of Queensland, Australia. Disputes arising from these General Conditions are subject to the non-exclusive jurisdiction of the courts in Queensland, Australia.
9. Company structure
Aquamist By Design operates the website under license from The Aquamist Corporation Pty Ltd. The Aquamist Corporation Pty Ltd owns all intellectual property which can be accessed through the website. By accessing the website, you are entering into a commercial agreement with The Aquamist Corporation Pty Ltd.
10. Contact Aquamist
If you have any queries about these Terms and Conditions please contact us at legal@aquamistbydesign.com
The Aquamist Corporation Pty Ltd
27 Demand Avenue, Arundel Queensland, Australia 4214
ABN 31 606 473 278