Terms and Conditions

Introduction

  1. Cheviot Bridge Limited ABN 16 089 111 124 (CVB) operates the website www.cheviotbridge.com.au  (Website) for your information.
  2. These terms and conditions (Terms of Use) apply to each person (You) that uses the Website.  You should read these Terms of Use carefully before using the Website as by using the Website You are agreeing to be bound by these Terms of Use.
  3. CVB may at any time change any part of these Terms of Use without notice.  It is Your responsibility to regularly check these Terms of Use as Your continued use of the Website will constitute acceptance of any changes.

Use of the Website

  1. You must not bypass any security mechanisms imposed by the Website.
  2. You must not distribute through the Website (or send to email addresses listed on this Website) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.
  3. You must not collect email addresses listed on this Website for any purposes connected with the production of marketing or email databases.

Orders

  1. Any information provided on the Website in respect of any goods or services (Products) (including the price lists for the Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the Products, which may change from time to time.
  2. By placing an order using the Website, you are offering to purchase a Product at the price specified in the electronic order form you completed (plus any delivery charges or other applicable charges payable by you).  CVB will accept your offer only after confirmation of full payment for the Product.
  3. At any time, CVB may, in its absolute discretion, reject or cancel any order it receives for any reason, including the unavailability of Products, an error in the price or the description of the Products on the Website, or an error in an order placed by you.  In such case, CVB will refund you for any amounts that you have paid for the cancelled order.
  4. The contract of sale between CVB and you is subject to the terms and conditions of sale (as presented to you when making a purchase).  The contract is not subject to any terms or conditions proposed by you unless those terms or conditions are expressly accepted by CVB in writing.
  5. In using this Website to place an order with CVB, you warrant that you are over 18 years of age.
  6. CVB accepts no responsibility for orders not received by the Website.

Prices

  1. All prices detailed in this Website are in, and are payable in, Australian dollars and include GST where applicable.
  2. CVB reserves the right to vary the prices without prior notice.
  3. Product prices shown on the Website exclude shipping and handling fees. You will be advised of any shipping and handling fees on the online order form when completing your online purchase.
  4. All purchases must be paid for in full and cleared before CVB will deliver the Product to you.  Payments must be made by credit card. 

Submission of content

  1. If You submit materials to CVB (User Content), You grant CVB a non-exclusive, royalty free, worldwide, perpetual licence to use, modify, reproduce, distribute or otherwise deal with the User Content on a royalty-free basis in any manner that CVB deems appropriate (provided that CVB will not sell the User Content to third parties). 
  2. You waive all proprietary rights, moral rights or rights of confidentiality in the User Content and authorise CVB to:
    1. exercise all of the rights granted to it under these Terms of Use without attributing the User Content to You; and
    2. edit, crop, alter or adapt the User Content in any manner that CVB considers necessary.
  3. You warrant that the User Content belongs to You and the posting of the User Content on the Website will not infringe the intellectual property rights or privacy rights of any person.

Privacy

  1. If You submit User Content to the Website or register to receive invitations or newsletters from CVB, CVB may collect personal information about You.  CVB will handle Your personal information in accordance with its privacy policy.

Intellectual property

  1. All CVB’s rights with respect to all elements of the Website and content displayed on the Website, including logos, graphics, photographic images, moving images, sounds, illustrations and software and the general design, layout and source code are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.  You may download and view the material or print a copy of material on the Website for personal, non-commercial use provided You do not modify the text of the material in any way (including any copyright notice).  You must not otherwise reproduce, reuse, transmit, adapt, publish, broadcast or distribute any part of the Website without the prior written permission of CVB.
  2. All names, logos and trade marks on the Website are the property of their respective owners.  Nothing on the Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

Links to other websites

  1. CVB may include hyperlinks on the Website to other websites not owned, operated or controlled by CVB.  Your use of any website linked to the Website is at Your risk and CVB is not responsible for any content contained on those websites or any loss suffered by You in relation to those websites.

Disclaimer and limitation of liability

  1. While CVB uses reasonable efforts to ensure the accuracy and correctness of the Website and its contents, CVB makes no representation as to the accuracy, currency, suitability or completeness of any information or links on the Website.
  2. All content, information and links are provided on an "as is" basis.  You undertake the responsibility for assessing its accuracy and suitability and You acknowledge and agree that You rely on them entirely at Your own risk.  CVB does not represent or warrant that the Website will be available on a timely basis.
  3. To the fullest extent permitted by the applicable law, CVB excludes all terms, conditions and representations, express or implied, in respect of the Website and any linked website.
  4. To the fullest extent permitted by the law CVB excludes any liability for any losses, costs or damage incurred by You arising out of or related to Your use of the Website or any linked website.  Any liability of CVB which cannot be excluded or that is not otherwise excluded under this clause is, where permitted by law, limited to the re-supply of the relevant information or services.
  5. In no event will CVB (including its directors, employees, licensors, content providers, affiliates and other representatives) be liable (to the maximum extent permitted by law) for any damages of any kind, including lost profits or direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages based upon or arising out of Your access, use or inability to use, or the performance of the Website or any linked website, irrespective of whether CVB has been informed of the possibility of such damages.

Indemnity

  1. You are liable for, and indemnify CVB against, all losses, liabilities and costs (including legal costs on a full indemnity basis) incurred by CVB arising directly or indirectly as a result of or in connection with a breach of these Terms of Use by You.

General

  1. You may not assign, licence or transfer any rights granted to You or any of Your obligations under these Terms of Use unless You obtain CVB’s prior written permission.  CVB may transfer all or any part of its rights, interests, obligations or liabilities under these Terms of Use by assignment or novation.
  2. If any provision of these Terms of Use is held to be unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of these Terms of Use will remain in full force and effect.
  3. No failure to exercise, or any delay in exercising, any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
  4. These Terms of Use will be interpreted, construed and governed by or in accordance with the law of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning these Terms of Use.