Disclaimer
"Every effort has been made to offer the most current, correct and clearly expressed
information possible within this site. Nonetheless, inadvertent errors can occur and applicable
laws, rules and regulations may change.
The information contained in this site is general and is not intended to serve as advice.
No warranty is given in relation to the accuracy or reliability of any information.
Users should not act or fail to act on the basis of information contained herein."
Terms of Use
This document sets out the terms and conditions under which Commercial Design Consolidated
( NSW) Pty Ltd provide our Site and Services to you.
In this document "you" refers to a user of our Site or Services.
Please take a few minutes to read these terms and conditions beforeusing our Site.
You must read the terms of our Privacy Policy before accepting (or declining) the terms and
conditions in this document.
Our Privacy Policy forms part of this document. The Privacy Policy sets out the information
which we will gather about you, through your use of our Site and Services, and the way in
which we will use it. We also describe the limited circumstances in which we will disclose
that information to third persons.
You must read and accept (or decline) the terms of this document (see below) as a condition
of you using or relying on any part of this Site or a service we provide via this Site to the
extentthat there is no existing agreement in place to the contrary.
If you do not accept the terms and conditions contained in this document and the Privacy Policy,
then you must not use the Site.
Amendments
We may amend this document including the Privacy Policy, and any other relevant agreement
at any time by posting the amendment on our Site and by notifying you by any means of
communication.
The amendment will be deemed effective 14 days after it has been communicated to you
unless you notify us in writing. Your continued use of the Site after this time constitutes an
agreement by you to abide by and be bound by this agreement, and the Privacy Policy as so
amended. This document may not be otherwise amended.
Our Site
The Site is owned and operated by Commercial Design Consolidated ( NSW) Pty Ltd
(ABN 56 465 099 042).
By accessing, browsing or using the Site, you agree to these terms, conditions and disclaimers
as amended from time to time as contained in this document and acknowledge and agree that
you have read and understood this document.
By downloading any of the information on the Site, purchasing a service from the Site and/or
by completing the registration process to become a member/ subscriber,you expressly agree
to be bound by this document.
Each of the Services available may have its own Service Agreement. To the extent of any
inconsistency between this document and the Privacy Policyand any Service Agreements, this
document takes precedence, unless otherwise agreed.
Use of our Site and Services
The Site and Services are available to everyone who can form legally binding contracts under
applicable law.
System Integrity
When using the Site and Services you must not use any device, software orroutine to interfere
or attempt to interfere with the proper working of theSite or Services or any activity conducted
via the Site. You may not takeany action which imposes an unreasonable or disproportionately
large load on the Site's infrastructure.
Your Personal Information
While using the Site and Services you may be given the opportunity to enter or provide information
or content, send e-mails, build personal home pages and post messages ("Content"). Content
includes any information you provide to us (or other users) while using the Site or Services.
You must ensure that any Content you provide to the Site and Services:
· is not fraudulent, unlawful, defamatory, libellous, threatening,
intimidating, harassing, harmful, hateful, abusive, tortious, vulgar,
obscene, invasive of another's privacy, sexist, racist, violent,
degrading; or
· does not infringe a third party's intellectual property rights or
impersonate another person or entity, attempt to solicit personal
information from another user, contain sexually explicit language or
images, advertise or promote the sale of products or services such as
firearms, tobacco or alcohol, adult products and services and any other
products or services we consider to be inappropriate; or
· does not contain spam, chain letters, pyramid and other such selling and
marketing schemes, computer viruses, computer code, files or programs or
other harmful components that are designed to interrupt, destroy, change
or limit the functionality of the Site and Services or any other computer
software, hardware, electronic equipment or information which in any way
impinges on another user's use or enjoyment of the Site; or
· otherwise breaches or encourages other users to breach this document or
any Service Agreement; or
· does not violate any law, statute or regulation; or
· does not forge information to disguise the origin of any Content; and,
· does not encourage or incite any other user to engage in any of the above
behaviour.
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise the copyright you have in any Content, in all media now known
or not currently known.
You also consent to us using the Content in any manner whatsoever, whether or not such use
would infringe your moral rights. We will only use your Contentin accordance with this document
and our Privacy Policy unless otherwise agreed.
Monitoring
You acknowledge that we may monitor this Site and agree that we may take anyaction with respect
to your Content in accordance with any existing agreement.
You must not use the Site or Services if you do not accept these terms.
Privacy
Our Privacy Policy sets out the type of information we may collect about you and the way in which
we may use that information.
If you do not agree to the collection, disclosure and use of informationspecified in our Privacy Policy,
then you must not use the Site or our Services.
Links
You must not establish links on any other Site to the commercialdesign.com.au URL or any other
part or parts of this Site without the prior written consent of Commercial Design Consolidated
(NSW) Pty Ltd.
If you would like to link to our Site, or be linked from our Site, request to be signed up by
completing our standard Linking Agreement (available on request)
Intellectual Property
All intellectual property in the text, images and software on our Site(including advertisements) is
owned by us, unless indicated otherwise.
We authorise you to use the text and images for your own personal and non-commercial use.
However, you are not authorised to modify, copy, republish,frame, or distribute any text, images
or software other than as expressly provided.
Breach and Termination
If you breach this document or any other relevant agreement we may immediately issue a warning,
temporarily suspend, or permanently prevent your access to all or certain parts of the Site or
Services.
In any event, we may terminate this agreement (and your right to use anyof the Services or the Site)
at any time and for any reason without prior notice to you.
Limit of Liability
We do not guarantee continuous, uninterrupted or secure access to our Site and Services, as
operation of the Site and Services may be interfered with by numerous factors outside of our control.
Except as provided by law, we provide the Site and Services "as is" andwithout any warranty or
condition, express or implied. The information is believed to be accurate and currentat the date
the information was placed on the Site.
The views expressed on the Site do not necessarily represent our views nor those of our employees,
directors, agents or affiliates. We accept no responsibility for any errors, omissions
or viruses contained on this Site or for the accuracy, suitability or otherwise of the information on
our Site. Furthermore, we accept no responsibility for any links on the Site to other web pages.
We will not be liable for any loss or damage you suffer, or liability you incur, arising out of or in
connection with the use of the Site or the Services, or the information contained in it.
This includes lost profits or any special, incidental or consequential damages (however arising,
including negligence).
To the extent that we are able to limit the remedies available under thisdocument, we expressly
limit our liability for breach of a condition orwarranty implied by virtue of any legislation to the
following remedies (the choice of which is to be at our sole discretion):
· in the case of goods, any one or more of the following;
(a) the replacement of the goods or supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the costs of having the goods repaired; and in the case of services;
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
This document is not intended to limit or exclude any liability on ourpart, where and to the extent
that applicable law prohibits the exclusion or limitation.
Indemnity
You indemnify us against any action, liability, claim, loss, damage,proceeding, expense
(including legal costs) suffered or incurred by us arising from, or which is directly or
indirectly, related to:
· your breach or non-observance of any term of this agreement;
· any breach or inaccuracy in any of your representations or warranties; or
· any action or claim brought by a third party which relates to all or any
part of the Content.
In relation to a Claim, we may require you to conduct the defence, including negotiations
for settlement or compromise prior to the institution of legal proceedings or modify, alter or
substitute any potentially infringing part of the Content at your own expense,to render the
Content non-infringing.
You must comply with any requirement notified to you in accordance with this clause.
General Compliance with Laws
You must comply with all laws, statutes, ordinances and regulations whichapply to you in relation
to your use of our Site and Services.
General
These terms are governed by and construed in accordance with the laws of Australia.
The provisions of this document are severable and if any provision of this document is held to
be invalid or unenforceable, that provision may beremoved and the remaining provisions
will be enforced.
Headings are for reference purposes only and in no way define, limit,construe or describe the scope
or extent of such section. Our failure to act with respect to a breach of this document by you
or others does not waive our right to act with respect to subsequent or similar breaches.
This document may not be construed adversely to us solely because we prepared it.
This document and any other relevant agreement sets out the entire understanding and agreement
between you and us with respect to its subject matter.
