INTRODUCTION
The Terms of Use will govern your use of this website, including all pages within this website Len McKeown Tree Services Website. The Terms of Use of the Len McKeown Tree Services Website (hereafter may also be referred to as LMTS throughout this document) include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the LMTS Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the LMTS Website.
By using the LMTS Website, you acknowledge and agree to all the Terms of Use. You must not use the LMTS Website, if you do not agree, or have any objection, to any of the Terms of Use.
WEBSITE ACCESS
LMTS does not guarantee that access to the LMTS Website will be uninterrupted or that the LMTS Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the LMTS Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.
Certain areas of the LMTS Website may be restricted from access by you and LMTS may further restrict your access to any areas of the LMTS, at any time, in its sole and absolute discretion.
LIMITATION OF LIABILITY
The LMTS Website is provided “as is,” and LMTS makes no express or implied representations or warranties, of any kind related to the LMTS Website or its content. LMTS does not warrant the accuracy, reliability, adequacy or completeness of any of the LMTS Website content. You acknowledge and accept that the LMTS Website content may include faults, inaccuracies and errors.
Nothing contained on the LMTS Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the LMTS Website you wish to rely upon.
To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), LMTS excludes all liability for, and neither LMTS nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with; your use of or reliance on, the LMTS Website or its content; or the performance or failure of the LMTS Website.
You, hereby, indemnify LMTS from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the LMTS Website, its content or breach of any of the provisions of the Terms of Use.
Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then LMTS liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:
In the case of goods:
Replacement of the goods or the supply of equivalent goods;
Repair of the goods or payment of the cost of having the goods repaired; or
Payment of the cost of replacing the goods or acquiring equivalent goods; and
In the case of services, to either resupply the services or payment of the cost of having the services supplied again.
INTELLECTUAL PROPERTY
The content on the LMTS Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of LMTS or have been made available for use by LMTS and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or brands on what you display or print is not removed. You must not:
Copy, reproduce, perform, adapt, modify or translate the content; or
retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other forms) any of the content to any third party, without the express prior written consent of LMTS. Alternatively, you should direct the third party to the LMTS Website and the relevant Content on the LMTS Website. LMTS does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the LMTS Website except as granted in these Terms of Use or as expressly granted by LMTS in writing.
SUBMISSIONS
Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the LMTS Website (Your Content) will be deemed to be non-confidential and non-proprietary. LMTS will be entitled to use any of your content, for any purpose without compensation to you. Your content must be your own and must not infringe any third party’s rights. You grant LMTS a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute your content in any forms and media, including on the LMTS Website.
THIRD PARTY WEBSITES
The LMTS Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, LMTS does not control, endorse, sponsor or approve any such third-party websites or their content or any products or services offered on or through those websites. LMTS does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.
LINKS TO Len Mckeown Tree Services WEBSITE
If you wish to establish a link to this website, you must first seek approval from LMTS. Please email LMTS with your request at office@lenmckeowntreeservice.com.au. You must not establish a link to the LMTS website without LMTS express written approval.
If LMTS agrees to your proposed link, you must comply with any terms and conditions imposed by LMTS as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact LMTS and provide a new description of your website and seek LMTS written approval to retain the link to the LMTS Website.
LMTS may at any time withdraw its approval to your link by notifying you in writing. If LMTS notifies you that its approval has been withdrawn you must immediately remove the link to the LMTS Website.
INTERFERENCE WITH WEBSITE
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the LMTS Website or any of its Content or Brands.
You must not:
use the LMTS Website in any way that is, or maybe, damaging to the LMTS Website or to LMTS or in a way that causes, or may cause, harm to LMTS, the LMTS Website or any person or entity; use the LMTS Website in any way that impacts user access to the LMTS Website; use the LMTS Website contrary to applicable laws or regulations; engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the LMTS Website or its Content or while using the LMTS Website or its Content; or use the LMTS Website to engage in any advertising or marketing.
JURISDICTION
These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.
VARIATION OF TERMS
LMTS is permitted to revise these Terms of Use at any time as it sees fit, and by using the LMTS’ Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing the use of the LMTS Website.
ASSIGNMENT
LMTS may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.