Website Terms of Use
Owner and Operation
This website is owned and operated by Project Lighting Pty Ltd (ABN 36 008 505 726), under the domain names www.projectlighting.com.au. Project Lighting currently carries on business under trading names Project Lighting Pty Ltd and Advantage Electrical Supplies.
Acceptance and Modification
Your access to and use of this Website is conditional upon your acceptance of, and compliance with these Terms of Use and the Privacy Policy. By browsing or accessing or using the services on the Website, you agree to these Terms of Use and the Privacy Policy, as well as any other conditions as stated. If, after having read the same you do not accept them, you should log out from this Website and should not proceed with the relevant service.
In addition to these Terms of Use, other conditions may apply to your use of this Website, or to products and services offered/advertised via this Website, as provided to you on specific pages on the Website and/or via other means. Where applicable and as required, you will be bound by these additional terms. For example, in the event that you open an account, apply or obtain credit from Project Lighting Pty Ltd or purchase from Project Lighting Pty Ltd, you also accept and agree to the Conditions of Sale and Conditions of Credit and Guarantees. In the event of a conflict between these Terms of Use and any Conditions of Sale or Conditions of Credit and Guarantees, the Conditions of Sale and/or Conditions of Credit and Guarantees will prevail.
Project Lighting Pty Ltd may make changes to and/or remove any material on the Website and terminate or modify the Website at any time without notice. Project Lighting Pty Ltd may also vary the Terms of Use and other terms on the Website from time to time and any varied Terms of Use or other terms will be made available on the Website. By your use of the Website after any variation, you are taken to have accepted the new Terms of Use and any other updated material and terms.
By accessing and/or using the Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these Terms of Use. If you are a representative of a business or a corporate entity, you warrant that you have the full authority for all actions and services you undertake on behalf of that business or corporate entities via the Website.
Warranties and Limit of Liability
The information contained within the Website is of a general nature and is provided for general information only and not a substitute for professional advice. It is not intended as specific financial, taxation or credit advice specific to you and should not be taken as such. You should (and Project Lighting Pty Ltd recommends that you) obtain independent legal, financial and other advice specific to your situation before making any account or credit application, purchase or decision based on the information contained on the Website.
You use the Website at your own risk. Although Project Lighting Pty Ltd makes a reasonable effort to ensure the content on the Website is accurate, complete and current, Project Lighting Pty Ltd makes no warranty as to the accuracy, completeness or currency of the content on the Website. The content of the Website may include technical inaccuracies or typographical errors.
Project Lighting Pty Ltd does not guarantee that the Website will be free from viruses, or that access to the Website will function as intended or be uninterrupted. As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as available” basis only. To the full extent permitted by law, Project Lighting Pty Ltd assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Website, or any injury or damage to any person’s computer related to the use of the Website, or the uploading of material or downloading of any software/material (where permitted) from the Website.
All terms implied by law, except those that cannot be lawfully excluded, are excluded.
To the full extent permitted by law: (a) Project Lighting Pty Ltd makes no representations about the suitability or accuracy of the content or services of the Website for any purpose; (b) all content and services are provided “as is” without any warranty of any kind; (c) Project Lighting Pty Ltd excludes all terms, conditions, warranties or representations whether express or implied; and (d) Project Lighting Pty Ltd (including its related bodies corporate, directors, employees, agents and contractors) exclude all liability howsoever arising (including but not limited to from negligence) for any loss or damage (including but not limited to loss of opportunity or profit), whether direct, indirect, special or consequential, arising in connection with any goods or services advertised or supplied by Project Lighting Pty Ltd and/or installation of such goods or services, access, display, copying or use of the Website, reliance on any information on the Website and/or or otherwise in connection with these Terms of Use or the services offered via the Website.
Nothing in these Terms of Use limits, excludes or modifies the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the ASIC Act or similar laws in Australia, except where Project Lighting Pty Ltd is legally permitted to do so. If it is legally permitted to do so, where Project Lighting Pty Ltd is liable, then Project Lighting Pty Ltd limits its liability to the following: (1) in the case of goods, one or more of the following at Project Lighting Pty Ltd’s discretion: (a) the replacement of the goods or the supply of the equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired; and (2) in the case of services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.
Third Party Links
In an attempt to provide increased value to our visitors, Project Lighting Pty Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Project Lighting Pty Ltd, we have no control over these linked sites, all of which have separate privacy and data collection practices and terms of use, independent of our Website. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Project Lighting Pty Ltd seeks to protect the integrity of our Website and the links placed upon it to the extent reasonably possible, and we therefore welcome any feedback on not only our own Website, but for sites that our Website link to.
Project Lighting Pty Ltd is not responsible for the operation of, content or any information on linked sites, and will not be liable for or any loss or damage you may incur through your use of these websites. Prior to disclosing your personal details on any linked site, Project Lighting Pty Ltd recommend that you peruse their Terms of Use and Privacy Policy, as mentioned above.
Intellectual Property
All materials and content on the Website, including but not limited to any and all copy, logos, trademarks, service marks, designs, products, software, images, sound recordings, video recordings, content downloads, streaming audio, streaming video, and other audio visual materials, are the property of, or used under license by, Project Lighting Pty Ltd and are subject to copyright and other intellectual property protection.
Information published by Project Lighting Pty Ltd via the Website, or made available to you by Project Lighting Pty Ltd otherwise, may be printed or downloaded but only for your personal or informational and non-commercial use, unless stated otherwise. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or other applicable laws, the information may not otherwise be reproduced and must not be distributed or transmitted to any other person or used in any way without the written permission of Project Lighting Pty Ltd.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright (except as expressly provided above), or proprietary rights of Project Lighting Pty Ltd or any third party.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant and agree that you will not access or use the Website:
-for any purpose that is unlawful or prohibited by these Terms of Use;
-in any manner which could damage, disable, overburden or impair the Website or disrupt or interfere with any other person’s use and enjoyment of the Website;
-to spam or knowingly transmit any virus or other disabling feature to or via the Website or upload material that may breach any laws including intellectual property or privacy rights;
-to attempt to gain unauthorised access to any restricted sections of the Website;
-to obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Website, via its normal functionality;
-to copy or reproduce (other thank for your own personal or informational use) any part of any content from the Website without Project Lighting Pty Ltd's prior written permission;
-to distribute, alter, modify, create derivative works, commercially exploit or publicly display any part of any content from the Website without Project Lighting Pty Ltd’s prior written permission
In order to use the Website, it is your responsibility to procure access to the Internet, to pay any costs associated with that access and to acquire any hardware and/or software and other means necessary to facilitate the services.
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Project Lighting Pty Ltd or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organisation.
Indemnity
You indemnify Project Lighting Pty Ltd, its related bodies corporate, directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you accessing and/or using the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Australian Law
The Website and these Terms of Use are governed by and construed in accordance with the laws in force Australian Capital Territory, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Australian Capital Territory, Australia.
If any provision in these Terms of Use is found to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from and shall not affect the validity and enforceability of the remaining provisions.
Contact
If you have any questions relating to these Terms of Use, please contact us via the following details:
Project Lighting Pty Ltd, 39 Townshend Street, Phillip ACT 2606 Email: webshop@projectlighting.com.au Telephone: +61 2 6281 5727
