1.1. Welcome to the
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
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
3.1. The West Coast Shade, the Services and all of the related products of
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by
(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.
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
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
(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
(d) the Services or operation in respect to links which are provided for your convenience.
6.2. You expressly understand and agree that
7.1. You agree to indemnify
(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.
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.
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.
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.