Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you may link to other websites that are not under the control of marlstonforrest.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, marlstonforrest.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For these terms and conditions, "Us", "Our", and "We" refers to marlstonforrest.com.au and "You" and "Your" refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that marlstonforrest.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods, or services we may offer or from any other use of the website.
This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular, Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), marlstonforrest.com.au's liability for any breach of a term of this agreement is limited to:
- the supplying of the goods or services to you again;
- the replacement of the goods;
- or the payment of the cost of having the goods or services provided to you again.
- You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Depending on the delivery option, the delivery may take between 2 and 14 days. Damaged or lost orders should be resolved directly with Australia Post or the courier company. We are not responsible for goods damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of marlstonforrest.com.au.
Digital goods are delivered immediately. However, please be aware that there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
LINKS TO OTHER WEBSITES
marlstonforrest.com.au may, from time to time, provide on its website links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between marlstonforrest.com.au and the owners of those websites. marlstonforrest.com.au takes no responsibility for any content found on the linked websites.
marlstonforrest.com.au's website may contain information or advertisements provided by third parties for which marlstonforrest.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a 'recommendation' only. We are not providing any advice, nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, marlstonforrest.com.au disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. marlstonforrest.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
We endeavour at all times to have the most accurate, reliable and up-to-date information on our website. However, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of marlstonforrest.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you. Still, you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. Our secure servers protect all information we receive from our customers. marlstonforrest.com.au's secure server software encrypts all customer information before sending it to us. Furthermore, all customer data collected is secured against unauthorised use or access. We do not store credit card information on our servers.
We do not, and will not, sell or deal in personal or customer information. However, we may use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands, and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
marlstonforrest.com.au may be required, in certain circumstances, to disclose information in good faith and where marlstonforrest.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods, or services to provide them for a fee to users, whether they be business users or domestic users, then you are a competitor of marlstonforrest.com.au.
marlstonforrest.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then marlstonforrest.com.au will hold you fully responsible for any loss that we may sustain. Furthermore, we hold you accountable for all profits you might make from such unpermitted and improper use.
marlstonforrest.com.au reserves the right to exclude and deny any person access to our website, services or information at our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
marlstonforrest.com.au expressly reserves all copyright and trademark in our website documents, information, and materials. We reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents, in any form, is prohibited other than:
you may print or download to a local hard disk extract for your personal and noncommercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
Except with our express written permission, you may not distribute or commercially exploit the content. Nor may you transmit it or store it on any other website or other forms of electronic retrieval system.
No other term is to be included in this agreement, except where it is required for inclusion by any legislation of the Commonwealth or any State or Territory. All implied terms are hereby expressly excluded, except those implied by statute and cannot be explicitly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such a clause shall not apply in that State or Territory. It shall be deemed never to have been included in these terms and conditions in that State or Territory. If legal and enforceable in any other State or Territory, such a clause shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and marlstonforrest.com.au that results in litigation, you must submit to the jurisdiction of the courts of Western Australia.