Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This web site and its contents ("Web Site") are owned by Fence Factory Melbourne  of P.O. Box 407, Diamond Creek, Victoria, Australia 3089 ("Fence Factory"). The use of this Web Site is governed by the following terms and conditions, as amended from time to time (the "Terms and Conditions"). By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you must not access, browse or use this website and should immediately cease using the Web Site. The Web Site may be updated from time to time, including these Terms and Conditions. By continuing to use this Web Site after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.

1. RESTRICTIONS ON USE OF MATERIALS

1.1 This Web Site is owned and operated by Fence Factory. You may not reproduce, republish, upload, post, transmit, or distribute in any way any material from this Web Site without the prior written permission of Fence Factory. You may, however, download one copy of the material on a single computer for your own personal domestic use only, provided you keep intact all accompanying copyright and other proprietary notices. Graphics and images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their relevant owners. Modification of any of the materials or use of the materials for any other purpose will be a violation of Fence Factory's copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners. Your access to or use of this Web Site does not constitute or create a licence or any other right to use the name, trade dress, trade marks, copyrights or any other intellectual property which appears on the Web Site.
1.2 If you download any software from the Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Fence Factory. Fence Factory  does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Fence Factory retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, reverse-engineer, disassemble or otherwise deal with the Software.


2. NO REPRESENTATION

< This Web Site has been compiled in good faith by Fence Factory, but no representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information it contains. You must always verify this information before you act upon it by calling your local Fence Factory office or the relevant Fence Factory partner (as applicable). It must not be relied upon in connection with any investment decision.


3. DISCLAIMER

The materials in this Web Site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible and subject and pursuant to applicable law, Fence Factory disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Fence Factory does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this Web Site or this server that makes it available is free of any virus or other harmful elements. Fence Factory does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this Web Site or the results of their use. The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances, including negligence, shall Fence Factory, or its employees or anyone else involved in creating or maintaining this web site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result from the use or inability to use the web site and/or any other web sites which are linked to this site. Nor shall the Fence Factory, or its employees be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the web site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. In states which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

4. LIMITATION OF LIABILITY
4.1 Subject to applicable law, under no circumstances, including negligence, will Fence Factory be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Web Site, even if Fence Factory or an Fence Factory-authorised representative has been advised of the possibility of such damages. Fence Factory is also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. The total liability (if any) of Fenceworks for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed any amount paid by you for accessing this Web Site.
4.2 Any Fence Factory publication may include technical inaccuracies or typographical errors. Changes may be made to these publications from time to time and incorporated in new editions of these publications. At any time without notice, these publications are subject to improvements and changes in service by Fence Factory.
4.3 The information contained in this website is for informational purposes only and is provided to you on an as is basis. We do not guarantee the accuracy, timeliness, reliability, authenticity of completeness of any of the information contained on this website. We are not liable for any information or services which may appear on any linked websites.

5. MODIFICATIONS

Fence Factory may change any part of this Web Site at any time at its sole discretion without notice . Fence Factory may deny access to this Web Site to anyone at anytime.


6. SUGGESTIONS, COMMENTS AND FEEDBACK

6.1 If you respond to an Fence Factory published document with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Fence Factory document, such information will be deemed to be non-confidential and Fence Factory will have no obligation whatsoever with respect to such information and may reproduce, use, disclose and distribute the information to others without limitation.
6.2 Any communications you send to this Web Site or otherwise to Fence Factory by electronic mail are on a non-confidential basis, and Fence Factory may reproduce, publish or otherwise use them in any way for any purpose. Fence Factory may use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing, manufacturing and/or marketing of goods and/or services. Further, Fence Factory may use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including developing and marketing services incorporating such information.


7. LINKS TO OTHER SITES

7.1 This Web Site contains links to other web sites which are not maintained by Fence Factory. Similarly, other web sites may contain links to this Web Site. Fence Factory is not responsible for the contents of those web sites and will not be liable for any loss, damages or injury arising from the contents of those web sites. Any links to other web sites are provided as a convenience to you as a user of this Web Site, and does not imply the endorsement of Fence Factory of the linked web sites or association with their operators. Fence Factory disclaims all responsibility and liability for the use of linked web sites, which you access and use at your own risk.
7.2 Any third party that wishes to establish links to this Web Site should notify Fence Factory of their intention prior to doing so. Fence Factory may deny permission for any such links to this Web Site. If however Fence Factory gives its permission for any such links, Fence Factory is not under any obligation to establish reciprocal links with the third party.


8. APPLICABLE LAW AND JURISDICTION

The law applicable to these Conditions of Use of Web Site is the law of Australia and the courts of the Australia will have exclusive jurisdiction in case of any dispute.