Terms & Conditions

1. About the West Coast Shade

1.1.  Welcome to the (the ‘West Coast Shade’).

1.2.  The West Coast Shade operates under ABN 12 345 678 910. Access to and use of the West Coast Shade, or any of its associated Services, is provided by . Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the West Coast Shade, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the West Coast Shade, or any of the Services, immediately.

1.3.   reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the West Coast Shade. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by .

3. Copyright and Intellectual Property

3.1.  The West Coast Shade, the Services and all of the related products of are copyright. The material on the West Coast Shade is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the West Coast Shade (including but not limited to text, graphics, logos, button icons, video images, audio clips, West Coast Shade, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by or its contributors.

3.2.  All trademarks, service marks and trade names are owned, registered and/or licensed by .

3.3.   retains all rights, title and interest in and to the West Coast Shade and all related Services. Nothing you do on or in relation to the West Coast Shade will transfer any:

(a)  business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b)  a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c)  a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

4. Privacy

4.1.   takes your privacy seriously and any information provided through your use of the West Coast Shade and/or Services are subject to ’s Privacy Policy, which is available on the West Coast Shade.

5. General Disclaimer

5.1.  Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2.  Subject to this clause, and to the extent permitted by law:

(a)  all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b)   will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3.  Use of the West Coast Shade and the Services is at your own risk. Everything on the West Coast Shade and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of make any express or implied representation or warranty about the Services or any products or Services (including the products or services of ) referred to on the West Coast Shade. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)  the accuracy, suitability or currency of any information on the West Coast Shade, the Services, or any of its Services related products (including third party material and advertisements on the West Coast Shade);

(c)  costs incurred as a result of you using the West Coast Shade, the Services or any of the products of ; and

(d)  the Services or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1.  ’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

6.2.  You expressly understand and agree that , its affiliates, employees, and agents shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

7. Indemnity

7.1.  You agree to indemnify , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)  all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b)  any direct or indirect consequences of you accessing, using or transacting on the West Coast Shade or attempts to do so; and/or

(c)  any breach of the Terms.

8. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

9. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

10. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.