Terms & Conditions | Hayward & Co.

WEBSITE TERMS AND CONDITIONS OF USE

1. Definitions and terminology
1.1. In these terms and conditions:

(a) a reference to “we”, “us” and “our” (or any cognate expression) is a reference to Elizabeth Hayward t/as Hayward & Co;

(b) a reference to “you” or “your” or “user”(or any cognate expression) is a reference to any person that accesses this website (including any hyperlink on this website) for any reason whatsoever;

(d) headings are for convenience only and do not affect interpretation;

(e) other grammatical forms of defined words or expressions have corresponding meanings;

(f) a reference to a party to this document includes that party’s successors and permitted assigns;

(g) a reference to a user, party or person includes an individual, company, legal entity or body of persons and words implying natural persons include partnerships, bodies corporate and associations;

(h) a reference to a deed, document or agreement includes that deed, document or agreement as novated, amended, altered or replaced;

(i) a reference to anything includes the whole or any part of that thing and a reference to a group of things or persons includes each thing or person in that group;

(j) a reference to legislation or statutory instrument or a provision of any legislation or statutory instrument includes modifications or re-enactments of the legislation or statutory instrument, or any legislative or statutory provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation; and

(k) an expression not otherwise defined in this document has the same meaning as in the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable; and

(l) the words “include”, “including”, “for example” or “such as” are not used as, nor is it to be interpreted as, a word of limitation and when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

2. Acceptance / amendment of terms and conditions
In using this website, you agree to be bound by these terms and conditions. We may need to amend these terms and conditions from time to time. Amendments will be effective immediately upon update on this website. Your continued use of the website following such amendment will represent an agreement by you to be bound by the terms and conditions, as amended from time to time.

3. Accessing this website
(a) You must take your own precautions to ensure that the process and equipment which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer / system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer / system that arises from or in connection with your use of this website or any linked website.

(b) This website is hosted on a server that is located in New South Wales, Australia. We do not represent that we are permitted to provide services and/or information that is provided on this website in any jurisdiction other than New South Wales and the Commonwealth of Australia (as amended from time to time) from which this website may be viewed. You must ensure that your access to or use of this website is not illegal or prohibited by laws which apply to you.

(c) Unfortunately, no data transmission over the Internet can be guaranteed as secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

(d) Access to this website may be terminated at any time by us without notice.

4. Information on this website
(a) The information, themes, colours and ideas on this website are general in nature and should not be treated as advice. If you use this website for any purpose then you should not act, refrain from acting or otherwise change your position in any respect in reliance on any information accessed from this website.

(b) A client engagement is not under any circumstances formed between you and us when you receive information from or transmit information to or through this website.

5. Limitation of liability
(a) Subject to paragraphs (b) and (c) below, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you (or any other person) may directly or indirectly suffer in connection with your use of this website or any linked website (whether or hyperlink or otherwise), nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

(b) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition, warranty or statutory guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or statutory guarantee, that condition, warranty or statutory guarantee will be deemed included but our liability will be limited for a breach of that condition, warranty or statutory guarantee to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

(c) Despite any other provision in these terms and conditions to the contrary, nothing in these terms and conditions attempts or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

6. Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any information obtained from any part of this website, without our consent.

7. Trademarks
(a) Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

(b) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:

(i) in or as the whole or part of your own trademarks;

(ii) in connection with activities, products or services which are not ours;

(iii) in a manner which may be confusing, misleading or deceptive;

in a manner that disparages us or our information, products or services (including this website).

8. Linked websites
(a) This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

(b) Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites (and vice versa), or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stated to the contrary in this website.

9. No commercialisation
You may not without our prior written consent on-sell or commercialise in any way any content, material or other information obtained from this website including via a hyperlink.

10. Governing law
These terms and conditions are governed by the laws in force in New South Wales, Australia. In using this site, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia (and any court of appeal) and you waive any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.

11. Severability
A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or enforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.

12. Interpretation
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these terms and conditions or any part of it.

13. Privacy policy
To the extent we collect personal information (within the meaning of the Privacy Act 1988 (Cth) (the Act) via this website, we will adhere to the relevant provisions of the Act and the National Privacy Principles in relation to the collection, use and disclosure of your personal information.

We may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:

(a) to send news, information about our activities and general promotional material which we believe may be useful to you;

(b) to monitor who is accessing the web site or using services offered on the web site; and

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.

We utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

(a) we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;

(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.

Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

We consider it is the responsibility of parents to monitor their children's use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

You are entitled to have access to any personal information relating to you which you have previously supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us.

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