Terms & Conditions
Third Party Content
Competitions & Promotions
From time to time we might publish certain competitions, offers, programs or promotions on our website. We will always set up a dedicated space for any applicable T&Cs so make sure you check those terms before entering or participating. We will sometimes add, remove, alter or amend competitions or promotions on our website without notice and do so without any liability to you.
You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Without limiting the foregoing, you agree that you will not use the Site:
(a) to spam or otherwise send unsolicited messages;
(b) to collect information about others without their consent;
(c) to transmit, upload or post any material that contains viruses or any other harmful programs or code;
(d) to transmit, upload or post any material that is obscene, vulgar, offensive, defamatory or otherwise inappropriate, or that breaches any laws including intellectual property or privacy rights;
(e) to interfere with or disrupt this Site;
(f) to copy, communicate, adapt, transfer or distribute any of the contents on this website without checking and getting our consent first (except for personal use). Our website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries.
(g) to interfere with any other person’s use or enjoyment of the Site;
(h) to attempt to gain unauthorised access to any services or information; or
(i) otherwise in any illegal manner.
Birch & Waite has used its best endeavours to ensure that the information contained on or accessed through this Site is accurate and up-to-date. However, to the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Birch & Waite makes no warranties or representations about the accuracy, correctness, reliability or completeness of the information provided and does not accept responsibility for any error, omission or defect in the information.
All materials and content on the Site, including, without limitation, text, images, photos, illustrations, graphics, designs, names, logos, trademarks, service marks, trade names, software, video clips and video recordings and the selection and arrangement thereof are the property of, or used under licence by, Birch & Waite and are subject to copyright and other intellectual property protection.
This Site contains commercially sensitive and valuable information which is both confidential and protected by copyright. Brands, logos, images and taglines are registered or unregistered trade marks owned or used under licence by Birch & Waite.
Permission is granted to you to view content as a visitor to this Site. You may download and save a temporary copy of material from the Site for the limited purpose of viewing the Site for personal use or procuring products from the Site. Any other use of the materials and information on this Site, including reproduction for any purpose, modification, distribution, republication, adaptation, or commercial exploitation, without our prior written permission, is strictly prohibited.
To the fullest extent permitted by law, (and save as otherwise expressly set out in these Terms), Birch & Waite, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Site, including but not limited to such loss, damage or injury arising out of the following:
(a) using this Site;
(b) purchasing and/or using any product(s) from the Site;
(c) any errors or omissions from any information on this Site including typographical or photographical errors;
(d) any technical malfunction, error, omission, interruption, interference, communications line failure, deletion, defect, delay, virus, bug, tampering, theft or destruction or unauthorised access to the Site;
(e) any injury or damage to any person’s computer related to accessing or downloading any materials from this Site; or
(f) a failure or omission on the part of Birch & Waite to comply with its obligations under these Terms.
To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Birch & Waite:
(a) does not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained on the Site, or the accuracy, reliability or completeness thereof; and
(b) expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on this Site.
To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Birch & Waite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorised intervention, fraud, technical failures, theft or destruction, or unauthorised access to or alteration of any information provided by a website user.
You hereby waive, release and hold harmless Birch & Waite, its directors, employees, agents and representatives from and against any and all actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) that you may have or would have had in connection with, or arising out of, or incidental to, your access to or purchase from this Site and your use of any products advertised therein (save as otherwise expressly set out in these Terms).
Consumer protection laws such as the Australian Consumer Law imply certain guarantees into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms. Nothing in these Terms excludes, modified or limits such statutory guarantees. Save as otherwise expressly set out in these Terms, if Birch & Waite breaches any such statutory guarantees then its liability for the breach is, where permitted by law and at Birch & Waite’s election, limited to:
(a) in the case of goods — the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; OR
(b) in the case of services — the re-supply of the services or payment of the cost of doing this.
You indemnify Birch & Waite, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this Site and/or purchasing and using any product(s) advertised on the Site.
Termination of Site
Birch & Waite reserves the right to modify or suspend services on this Site, to discontinue or terminate any or all parts of the Site, to update, edit and remove contents of the Site, or to terminate your ability to purchase products from the Site at any time without notice. In this event, the liability and indemnity provisions provided in these Terms will survive such termination, and all rights of Birch & Waite granted herein are otherwise reserved.
These Terms shall be governed by and construed in accordance with of the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts that may hear appeals from them.
If any provision of these Terms shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.