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Website Terms of Use

These are the contractual terms of use for the www.timberlinkaustralia.com.au desktop and mobile websites (together referred to in these terms as “our website”).   You agree to be bound by these terms when you use our website. If you do not agree to these terms, you must not use our website.

You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms of use, and that they comply with them.

Who we are and how to contact us

Our website is operated by  Timberlink Australia Pty Ltd (ABN 12 161 713 015) (referred to as “Timberlink”, “we”, “our” or “us”).

To contact us, please email info@timberlinkaustralia.com.au or telephone 1800 088 135.

We may make changes to these terms or our website

We may amend these terms from time to time by publishing the amended terms on our website. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.   By continuing to use our website, you agree to be bound by the changes.

How we may use your personal information

If you provide us with any personal information our Privacy Policy  will govern how we will use or disclose that information. Please review and understand our Privacy Policy .

Intellectual property rights

All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in our website is either owned, controlled, or licensed to us, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in these terms gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.  Without limiting the generality of the foregoing, the “Timberlink” name and logo are the intellectual property of Timberlink and registered as trademarks in Australia. You are not permitted to use our trademarks without our written approval.

Other trademarks used on our website that belong to third parties are used with permission and remain the intellectual property of the third party.

If you infringe our intellectual property or otherwise breach these terms, your right to use our website will cease immediately.

You may not:

  • modify or copy the layout or appearance of our website nor any computer software or code contained in our website; or
  • decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to our website.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

Restrictions on use of our website

In accessing or using our website, you agree that you will not:

  • use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website;
  • use any device, software, process or means to interfere or attempt to interfere with the proper working of our website;
  • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate usage;
  • use or index any content or data on our website for purposes of competing with us in any manner that we have not specifically authorised;
  • transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  • use our website or any content from our website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
  • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  • pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
  • act in violation of any term of use or other condition posed by us or any applicable law;
  • transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website; or
  • attack our website via a denial-of-service attack or a distributed denial-of service attack.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to the relevant authorities.

We are not responsible for websites we link to

Where our website contains links to other websites provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.   We have no control over the contents of those third party websites.

Disclaimer and liability

Our website and its content is provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied.  We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons.

In relation to content on our website that is supplied by third parties, we are a distributor and not a publisher of such content, we exercise no editorial control over such content and we make no warranty or representation as to the accuracy, reliability or currency of such content.

To the fullest extent possible at law and unless expressly stated to the contrary, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to our website including, but not limited to, loss or damage you might suffer as a result of:

  • errors, mistakes or inaccuracies on our website or our social media pages;
  • you acting or not acting, on any information contained on or referred to on our website and/or any linked website or our social media pages;
  • personal injury or property damage of any nature resulting from your access to or use of our website;
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from our website;
  • any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; or
  • the quality of any product or service of any linked sites.

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through our website or any linked website or featured in any banner or other advertising.  We will not be a party to or in any way responsible for monitoring any transaction between you and third party sellers of goods and services.

Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or these terms (however arising, including negligence). In particular, without limitation, we will not be liable for:

 

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;  or
  • loss of business opportunity, goodwill or reputation.

You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our website will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programs and platform to access our website. You should use your own virus protection software.

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to our website in any website that is not owned by you.  Our website must not be framed on any other site.  We reserve the right to withdraw linking permission without notice.   If you wish to link to or make any use of content on our website other than that set out above, please contact us.

Social Media and Content

You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content“) posted on, transmitted through or linked from our website, any LinkedIn, Facebook page, Twitter feed, or forum or other like application or site that we may use from time to time that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.

You understand that we do not control and are not responsible for content made available through our website or Social Media unless it originates from us. Consequently, by using our website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use our website at your own risk and to the extent permissible at law we do not accept liability in this regard.

As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through our website and you must not post (or allow) content to be posted that:

  • you do not have the right to post;
  • is defamatory or in contempt of any legal or other proceedings;
  • is misleading or deceptive;
  • is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
  • denounces religious or political beliefs;
  • contains religious or political material;
  • is indecent, obscene, vulgar, pornographic or offensive;
  • infringes any copyright, trademark, patent or other intellectual property right of another person;
  • contains any unsolicited or unauthorised advertising or promotional material;
  • contains or links to viruses, malware, spyware or similar software; or
  • impersonates any person or misrepresents your relationship with any person.

We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from our website or our Social Media pages without giving any reasons.

You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or our website to a third-party.  We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.  We shall be entitled to assign the benefit of any agreements we have with you to the third party.

General provisions

We will not be liable for any delay in performing any of our obligations under these terms if such delay is caused by circumstances beyond our reasonable control.

If any part of these terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these terms and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under these terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.

Which country’s laws apply to any disputes?

These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

Last modified 14 February 2024