As used herein, the term "Lakes and Portside" is the trading name registered legally under the state of South Australia, ABN: 86 008 275 090. The term "lakesandportside.com.au" refers to the website owned and operated by Lakes and Portside, whose home page resides on the Internet globally at http://www.lakesandportside.com.au.

INTRODUCTION

Welcome to www.lakesandportside.com.au. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Site, the content and products provided by or through this Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on this Site, and you should review this Agreement prior to each use of this Site.

By using this Web Site, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, you have no right to obtain information from www.lakesandportside.com.au or otherwise use this Web site. Failure to use this Web site in accordance with the following terms and conditions may subject you to severe civil and criminal penalties.

This site is provided by Lakes and Portside on an "AS IS" and "AS AVAILABLE" BASIS. Lakes and Portside makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.

1. COPYRIGHT AND TRADEMARKS

All content included in this site, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Lakes and Portside or its content suppliers and is protected by Australian and international copyright laws. All other trademarks not owned by Lakes and Portside are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lakes and Portside or its subsidiaries. The copying, redistribution, use or publication by you of any such materials or any part of this Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through this Site. Lakes and Portside trademarks and trade dress may not be used in connection with any product or service that is not Lakes and Portside, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lakes and Portside.

In any case, if you believe that Lakes and Portside has committed trademark infringement or has used your intellectual property in any form, please contact us promptly so that we can address the issue appropriately. We respect intellectual properties of all companies and individuals alike and fully understand the effects of its unauthorised use. 

2. THIRD-PARTY SERVICES

Lakes and Portside may use third parties to provide certain services accessible through its website www.lakesandportside.com.au. However, Lakes and Portside is not responsible for the content of the external internet sites which are linked from its site. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as our terms and conditions when you use these services. Lakes and Portside does not control those third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services.

No link to another website should be construed as an endorsement or warranty by Lakes and Portside of any information, goods or services referred to therein. Before acting on any statement contained in this site or derived from any external internet sites linked from this site, visitors should seek their own professional advice before making business or personal financial decisions. No links to this website may be included in any other website without our express written authorization from us.

3. FILE DOWNLOADS

Lakes and Portside does not represent or warrant that any files obtained from or through this site are free from computer viruses or other defects. The user must assume all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files and Lakes and Portside's liability in such an event is only limited to the re-supply of those files. 

Prior to using any downloads, Lakes and Portside recommends the user to carry out appropriate virus checks based on latest virus patterns as Lakes and Portside does not accept any liability for any computer viruses transmitted in connection with the use of this website.

4. E-MAIL DISCLAIMER

When you visit Lakes and Portside or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please do refer to our Privacy Policy for more details on ‘Section 3. Electronic Communications & Security’.

5. LICENSE AND SITE ACCESS

Lakes and Portside grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lakes and Portside. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of Lakes and Portside. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lakes and Portside and our associates without express written consent. You may not use any meta tags or any other hidden text: utilizing Lakes and Portside's name or trademarks without the express written consent of Lakes and Portside. Any unauthorized use terminates the permission or license granted by Lakes and Portside. You may not use any Lakes and Portside logo or other proprietary graphic or trademark as part of the link without express written permission from Lakes and Portside.

6. REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Lakes and Portside reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Lakes and Portside and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lakes and Portside and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Lakes and Portside or its associates for all claims resulting from content you supply. Lakes and Portside has the right but not the obligation to monitor and edit or remove any activity or content. Lakes and Portside takes no responsibility and assumes no liability for any content posted by you or any third party.

7. PRODUCT & SERVICE DESCRIPTIONS

Lakes and Portside and its associates attempt to be as accurate as possible. However, Lakes and Portside does not warrant that product and service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. 

All IT services offered and rendered by Lakes and Portside will come with their own terms & conditions and service level agreements which will be carefully prepared in order to meet the requirements of individual clients.

For end user product sales, if a product offered by Lakes and Portside is not as described, your sole remedy is to return it in its unused and in its original packaging for a likely refund or exchange where applicable. Lakes and Portside's full Terms & Conditions of Sale is available here and under the 'Products' section.

8. INDEMNIFICATIONS

8.1 Lakes and Portside Indemnity

Lakes and Portside should indemnify, defend and hold you, your affiliates, and each of the officers, directors, employees, agents and representatives of you and your affiliates harmless from any and all actions, claims, damages, expanses and liabilities of any nature whatsoever (including reasonable attorney’s fees and other legal costs) (“Losses”) incurred or suffered by any such your Indemnities arising out of, or in connection with any third party claim, demand or cause of action (each a “Claim”) based upon or rising out of (i) any breach of this Agreement by www.lakesandportside.com.au, (ii) www.lakesandportside.com.au gross negligence or willful misconduct; (iii) the development, operation, maintenance and content of www.lakesandportside.com.au; (iv) infringement or other violation by any Product, Product Description, Sample, or Brand Feature of a third party’s privacy rights, publicity rights or other proprietary rights; (v) any Product, including and defect thereof; (vi) any use of any Product or Sample. www.lakesandportside.com.au obligations hereunder shell be subject to your (a) promptly notifying www.lakesandportside.com.au of a Claim or threatened Claim covered by such indemnification; (b) tendering sole control of the defense and settlement of such Claim to www.lakesandportside.com.au (www.lakesandportside.com.au shall not enter into any settlement agreement that adversely affects you without your prior written consent); and (c) cooperating with such defense and/or settlement at www.lakesandportside.com.au's expense.

8.2 Your Indemnity

You shall indemnify, defend and hold www.lakesandportside.com.au, its Affiliates and each of the officers, directors, employees, agents and representatives of www.lakesandportside.com.au and its Affiliates harmless from any and all Losses incurred or suffered by such www.lakesandportside.com.au. Indemnities arising out of, or in connection with, any third party Claim based upon or arising out of (i) any breach of this Agreement by you; (ii) your gross negligence or willful misconduct; (iii) the development, operation, maintenance and content of your site(s) (excluding any www.lakesandportside.com.au Property displayed thereon); or (iv) infringement or other violation by your site or your other Property of a third party’s privacy rights, publicity rights or other proprietary rights. Your obligations hereunder shall be subject to www.lakesandportside.com.au (a) promptly notifying you of a Claim or threatened Claim covered by such indemnification; (b) tendering sole control of the defense and settlement of such Claim to you (provided that you shall not enter into any settlement agreement that adversely affects www.lakesandportside.com.au without www.lakesandportside.com.au prior written consent); and (c) cooperating with such defense and/or settlement at your expense.

9. APPLICABLE LAW

By visiting Lakes and Portside, you agree that the laws of the state of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Lakes and Portside and/or its associates.

10. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Lakes and Portside reserves the right to make changes to its website, policies, terms & conditions and such at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s).

Whilst all reasonable care has been taken in providing information in this site, any and all information is subject to change without notice. Lakes and Portside is not liable for any loss or damage suffered by you or anyone else in connection with the use of this website or any of its content.

In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims. The negation of damages set forth above is fundamental elements of the basis of the bargain between us and you. The information and other content available from or through the site, and the site itself, would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.