Terms & Conditions

WEBSITE TERMS OF USE

1 Ownership of Site and formation of Agreement

1.1 This website www.danielsimone.com.au (Site) is proudly owned and operated by Daniel Simone.

1.2 These are the terms and conditions which govern your use of the Site. Your use of the Site constitutes your acceptance of these terms and conditions and forms a legally binding agreement between Daniel Simone and you.  If you do not agree with these terms and conditions you should immediately cease using the Site.

1.3 You should always check these terms and conditions of use every time you visit the Site as Daniel Simone reserves the right to make changes to the Site from time to time. Amendments will become effective immediately on publication on the Site without notice to you.

2 Authority

2.1 You warrant that:

(1) you are over the age of 18;

(2) your use of the Site creates legal binding obligations for any liability you may incur as a result of using the Site; and

(3) the information you supply via the Site will be accurate and not misleading, deceptive or likely to be misled or deceive.

2.2 You indemnify Daniel Simone and its officers, employees and agents against all losses, costs, damages, claims and expenses arising from any breach of these terms and conditions by you or any claim made by a third party against Daniel Simone as a result of your use of the Site.

3 Use of Site by you

3.1 You must not:

(1) use another person’s personal information without permission;

(2) make any fraudulent, speculative or false enquiries, reservations or requests using the Site;

(3) tamper with, hinder the operation of or make unauthorised modifications to the Site;

(4) commit any act that may breach any laws; or

(5) knowingly permit another person to do any of the above acts.

4 Disclaimer and limitation of liability

4.1 The information Daniel Simone provides on the Site is of a general nature only. You acknowledge and agree that Daniel Simone is not providing professional advice and you should obtain your own independent professional or specialist advice that is appropriate to your circumstances.

4.2 Any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site is at your sole risk and Daniel Simone will not be responsible or liable for any loss or damage that results from the use of the information on the Site.

4.3 Although Daniel Simone takes all steps to ensure the security and integrity of the Site, you agree that Daniel Simone will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from Daniel Simone not being secure or virus-free.

4.4 Despite anything else contained in these terms and conditions Daniel Simone will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with your use of the Site, or your reliance on any information contained or accessed through the Site, in any delay in delivery, or failure to perform any other term or condition or to call or respond to you promptly (if at all) or place any follow up calls or emails.

4.5 To the fullest extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute that impose any liability on Daniel Simone are expressly excluded.

4.6 Daniel Simone will have no liability to you for any loss, harm, damage, cost or expense (including legal fees), or in the nature of special, indirect or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of opportunity, loss of goodwill or reputation or loss of profit.

 

5 Errors

5.1 The Site displays a wide variety of information. Although Daniel Simone uses it best endeavours to ensure that the information on its Site is correct there may be times where errors or omissions have unfortunately been made.

5.2 Daniel Simone reserves its right to correct any such errors or omissions without any claim being made against it.

5.3 Daniel Simone reserves the rights to revise any plans or specifications and use alternative suppliers.

6 Copyright and intellectual property

6.1 The contents of the Site (including all photographs, images, designs, plans, videos, text, illustrations and other items) is Daniel Simone’s intellectual property and subject to copyright under the Copyright Act 1968 (Cth) and any other relevant law. The Site also includes registered and unregistered trade marks that are owned by Daniel Simone.

6.2 Except for the purpose of viewing, printing and accessing the Site for your own personal use, you must not copy, use, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without Daniel Simone’s written consent. The most common way Daniel Simone authorises use of part of the intellectual property owned by it is through signing a building contract.

6.3 If you know, or believe that the intellectual property rights of Daniel Simone have been infringed by a third party, please call or email us.

7 Third party sites/hyperlinks

7.1 Daniel Simone makes no representation about, and assumes no responsibility for, any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by Daniel Simone of that website or the products and services being offered through that website.

7.2 You agree that Daniel Simone will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by Daniel Simone.

7.3 Linking to the Site is not permitted without Daniel Simone’s express written consent.

8 Complaints

Daniel Simone takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly.  If you have any complaints or issues please contact Daniel Simone as soon as possible.

9 Accounts and use of Site

9.1 This section applies only if Daniel Simone allows you to create an account through the Site.

9.2 You must not:

(1) use another person’s personal information, including name, date of birth, address, email address, login details or password without permission;

(2) make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;

(3) tamper with, hinder the operation of or make unauthorised modifications to the Site;

(4) commit any act that may breach any laws; or

(5) knowingly permit another person to do any of the above acts.

9.3 If you are provided with information including user name and password to access your Daniel Simone account, you must keep that information strictly confidential, and you must not disclose it to any other person, or permit another person from accessing the your account.

10 General provisions

10.1 Daniel Simone may at any time, assign any of its rights or transfer by novation any of its rights and obligations under these terms and conditions to any person or persons by providing notice to you. You cannot assign or transfer your obligations under these terms and conditions without prior written consent of Daniel Simone.

10.2 No delay or failure by Daniel Simone to enforce its rights or to do anything is to be taken as a waiver of that right.  A waiver can only be undertaken where an authorised representative of Daniel Simone signs any such waiver.

10.3 These terms and conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.

Contact

  • Postal: PO BOX 811
    Narellan NSW 2567

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