If you do not agree to any of these terms then you should immediately cease accessing and using the Website.’Website’ means www.evari.tech
and the whole or any part of the web pages incorporated into this Website (including the layout of the website; individual elements of the Website design; underlying code elements of the Website; or text, sounds, graphics, animated elements or any other content of the Website).
'Us' and 'We' refers to Evari Services Australia Pty Ltd, ABN 55 624 972 550 of PO Box 7923 Cloisters Square, Perth, WA 6850 (Australia) its officers, directors, employed and contracted staff, agents, contractors and representatives and ‘Our’ has a similar meaning. The words 'you' and 'your' refer to users of this Website.‘Loss’ means any direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, costs (including legal costs) claims or demands, liabilities including without limitation lost profits, lost goodwill, lost or stolen programs or other data, or lost or misdirected orders.
We do not guarantee that the Website will be accessible at all times, or that access to and use of the Website will be uninterrupted, secure, timely or error free.Whilst We attempt to ensure the accuracy of all information and data provided on or available via our Website, we do not guarantee its accuracy, reliability or completeness. We reserve the right to modify vary or amend the content of the Website from time to time without prior notification. We may from time to time modify vary or amend these terms by posting changes to these terms on the Website. Your use of the Website after the changes will be deemed acceptance of the current terms.
You must only use the Website in accordance with this agreement and at all times in accordance with all laws applicable to You. You must not use the Website to post any content which is illegal, obscene, defamatory, or which infringes the rights of another person (including, without limitation, any unauthorised use of content which is the copyright of another person or which contains confidential information of another person).You agree to indemnify us in respect of any Loss, which we may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with regard to this agreement, the use of the Website, your purchase of goods or services through the Website (or any part of it) or through us, or any breach by you of this agreement.It is your responsibility to inform us of any change to your email address, keep your email account active and capable of receiving new emails. To do this, ensure that your email account has sufficient space for new emails and that your email server and spam blocking software do not block our emails. We are not responsible for problems arising from emails sent to an inactive or out-of-date email account, unless we are solely negligent for using an incorrect email address.
The Website is published and intended for use in Australia only.
Trademarks and Copyright
Except where otherwise indicated, all materials, documents, information, data, images, logos, trade names, brand names, trade symbols, slogans, services marks and trademarks (“IP”) that we provide to you or which are contained on the Website are the intellectual property owned by or licensed to Us. Except as required for the purpose of accessing or using the Website, or as otherwise permitted under the Copyright Act 1968
(Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Website (or any related documents or materials) without our prior written consent.You must not use any IP which appears or is used on the Website (or any related documents or materials), or do anything to prejudice the rights of the owner or licensee of such IP.You must not create a link to any part of the Website (other than solely for your private and non-commercial purposes) without our prior written consent.
Our Website may contain links to other internet websites that are not owned or maintained by Us (‘Sites’). These links are provided solely for your convenience. We make no warranties or representations about the accuracy, reliability, sustainability, content of, any products or services offered by, or the intellectual property compliance of, other Sites. We do not accept any responsibility or liability for the conduct or content of those other Sites.
We do not warrant that any data (including any file) obtained through the Website is free from computer viruses, malware, malicious software, program device or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. We will not be liable for any Loss caused (whether negligently or otherwise) by any virus, malware, malicious software, program device or other faults or defects transmitted through the Website.
Collection of Information and Privacy
Complaints and Disputes
Should you wish to make a complaint please contact us using the information on this Website or email us at firstname.lastname@example.org
Except for those which are expressly specified in this agreement, all warranties, conditions and representations (including those that are implied) relating to the Website any information on the Website, and any goods or services that may be ordered or are ordered through the Website (including but not limited to the suitability of the content of this Website for any purpose, its completeness, currency or accuracy, fitness for a particular purpose, title and non-infringement) are, to the maximum extent permitted by law, excluded.Notwithstanding the above, these terms and conditions do not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred to you, or implied by, the Australian Consumer Law
or any other applicable legislation. If We breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited, at our option to any one or more of the following:a) In the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; andb) In the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.
Limitation and Exclusion of Liability
Subject to the paragraph above, to the maximum extent permitted by law, we exclude liability for any Loss however caused and under any theory of liability (including through negligence), arising from out of or in connection with or in relation to this agreement or the Website, or goods or services supplied including any Loss arising from:the use of the Website, or the inability to use the Website by You or any other party; or any failure of the Website or performance, error, omission, interruption, defect, delay in operation or transmission; unauthorised use of your user name or password; your reliance on information contained on the Website or otherwise provided by Us to You (including any action taken by you as a result of such information);any failure by Us to provide information about, or take or accept any request for the provision of services; any failure by us to receive any order request or other message (whether placed by email, telephone, facsimile, post or electronically via the Website) sent by You (or by any other person on your behalf) or any corruption of any such order or message;interception of, or any other unauthorised dealing with, any electronic order or other electronic message sent by You or by any other person on your behalf;inaccuracy or incompleteness of any information contained on the Website;temporary or permanent unavailability of the Website or any goods or services advertised on it;defects in, or problems with, any computer system or communication link (including delays in electronic communication); or line or system failure; or the introduction of a computer virus, software, other program device or other technical sabotage or inaccuracyeven if We are advised of the possibility or likelihood of such Loss. Governing Law
This agreement is governed by and construed in accordance with the laws in force in the state of Western Australia, Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts, which may hear appeals from those courts in respect of any proceedings in connection with or arising out of this agreement or the Website.
These terms and conditions incorporate the entire understanding between you and us with respect to the subject matter of this agreement and supersedes all prior oral and written communications and proposals.