Terms & Conditions of use of our Website

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.  BY ACCESSING THIS SITE, USING ANY PART OF IT OR THE SERVICES IT PROVIDES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

This document sets out the terms and conditions of the contract that applies to all visitors to our website and to our customers (as they may apply to them).

These terms and conditions are subject to change without notice and you should check them each time you visit our website.

As a visitor to our website or our customer, you accept that all of these terms and conditions will apply to you.

You accept the terms and conditions set out in the disclaimer at the foot of our home page and which is taken to form part of these terms and conditions.

You accept the terms and conditions of our privacy statement accessible at the foot of our home page and to the use of your personal information as set out in it.

You authorise us to release personal information we collect about you to enforce our rights under these terms and conditions and to generally protect our rights or the rights of others.  For example, to exchange information with other parties for fraud protection or credit risk.

If you are accessing information on our website, you acknowledge that it has not been prepared by us and agree that it is the sole responsibility of the party from whom it originated.  That information may be protected by intellectual property rights (including copyright) owned by the provider of the information.  You may not adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any of the information unless by a separate agreement the owner of it has told you that you  can.

You agree that you will not do anything in using our website that may in our sole discretion impose a disproportionately large load on our website infrastructure, interfere with the proper working of our website or seek to obtain improper access or prevent access to our website.

You will not use any information obtained from our website in order to contact, advertise to, solicit or sell to a party identified in it without their prior explicit consent.

You will not use our website which is in any way defamatory, obscene, pornographic, abusive, offensive or otherwise unlawful.

You agree not to use our website and/or the information on it other than for the purpose for which it is intended by us to be used.

We are not liable to you in any way (including by way of reimbursement) for any disruption that may occur to our website.

You indemnify us, our officers and employees against any liability, damage, loss (including indirect or consequential), cost, claim or action and costs of those claims or actions and arising out of your access to our website, your use of the services available on it or your breach of any of the terms and conditions of access to and/or use of our website.

We may terminate this contract and suspend any and all of the services we supply to you on our website immediately and without prior notice or liability if you breach any of these terms or conditions.  All provisions of these terms and conditions which by their nature should survive termination, do.

These terms and conditions are the entire contract between you and us.  All representations, communications and prior agreements are merged in and superseded by these terms and conditions.

If a provision of these terms and conditions or a right or remedy of a party under them is invalid or unenforceable in a particular jurisdiction:
  • it is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
  • it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
This contract may only be amended or supplemented in writing signed by both parties.

We may assign our rights under this contract without your consent.

If we do not exercise or delay in exercising any of our powers or rights, it does not act as a waiver of that power or right.  No single exercise of a power or right precludes any other or further exercise of it or the exercise of any other power or right.  A power or right may only be waived in writing, signed by the party to be bound by the waiver.

This contract is governed by the law in force in New South Wales, Australia.

In this document:
  • you and your means the visitor or customer
  • we, our and us means McFadyen Architects Pty Ltd (ACN 002 505 393) trading as Moochinside