Terms & Conditions.

THE AUSTIN GROUP ABN 65 005 457 821 WEBSITE TERMS AND CONDITIONS (TERMS)

In these Terms, "we" and "us" mean THE AUSTIN GROUP (Austin Group) and "you" means you the customer or site visitor.

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

1.       YOUR ACCEPTANCE

These are the terms on which Austin Group permits users to access and use the Austin Group website http://www.austingroup.com.au (Website) including using the services and functionality made available through the Website, viewing Content provided by Austin Group, and communicating with Austin Group.

You agree to be bound by these Terms by:

·         Using, browsing or accessing any part of the Website;

·         registering as a member through the Website; or

·         placing an Order through the Online Store.

·         Austin Group may from time-to-time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

·         The Website is subject to change at any time without notice and may contain errors.

2.       PRIVACY POLICY

Any personal information submitted by you to Austin Group is subject to and will be handled in accordance with Austin Group’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at http://AustinGroupPrivacyPolicyLink. You agree that, by using the Website or communicating with Austin Group, you have read the Privacy Policy, understood its contents and consented to its requirements.

3.       CONTENT

Austin Group has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. Austin Group reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.

The Content on the Website is for general information purposes only. Furthermore, Austin Group does not warrant or make any representations as to any third-party products or services described or referred to on the Website. Any use of Austin Group materials or information by another person or organisation is at the user's own risk.

The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.

While care has been taken in preparing the Content on this Website, Austin Group and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.

You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.

If you have a complaint regarding any Content, Austin Group’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular content.

4.       LINKS

The Website may contain links to other websites. Austin Group provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.

Other websites which are linked to the Website (including Facebook, Twitter, Google), are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Austin Group is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Austin Group is not responsible for and will not be liable in respect of any incorrect link to an external web site.

You are not permitted to frame or link the Website without Austin Group’s express written permission.

5.       PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

6.       PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

7.       INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content, including the Austin Group brands and all other trademarks, trade names and logos, made available to you on or through this Website remains the property of Austin Group or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Austin Group and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

8.       DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Austin Group and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.  This does not affect Austin Group’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

9.       INDEMNITY

You agree to fully indemnify Austin Group, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

·         Any breach of these Terms by you;

·         your access or use of the Website; or

·         your communications with Austin Group.

10. JURISDICTION AND LAW

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

11. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

12. SEVERABILITY

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

13. ENTIRE AGREEMENT

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Austin Group. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Austin Group.

14. CONTACT US

If you have questions about the Website, the Terms or Privacy Policy, please contact us by clicking http://www.austingroup.com.au/contact-us.