This Website is owned and operated by Borely Pty Ltd ACN 667 085 654 (Borely), and/or its Related Entities. These Terms and Conditions are intended to be for the benefit of each of Borely and its Related Entities.

Set out below are the Terms and Conditions that apply to your access and use of this Website.

Acceptance of Terms

These Terms and Conditions govern your access and use of this Website, and must be read in conjunction with Borely’s Privacy Policy and any other terms and conditions on this Website, which form part of Borely’s agreement with you.

By using this Website, you agree to be bound by these Terms and Conditions, as amended by Borely from time to time. Amendments will be effective immediately upon being published. Your continued use of this Website following any amendment will constitute acceptance and agreement by you to be bound by the amended Terms and Conditions.

If you do not agree to these Terms and Conditions, you must not use or access this Website. If you breach these Terms and Conditions, your right to use this Website will cease immediately, and Borely may refuse you access to the Website at its complete discretion.

You shall be responsible for the confidentiality and use of your username and password(s) (where applicable), including but not limited to, all information electronically transmitted, or use of any data, information, or services obtained, using your username and password(s).

Borely has the right to disable any username, user identification code or password, whether chosen by you or allocated by Borely, at any time, if in Borely’s opinion you have failed to comply with any of the provisions of these Terms and Conditions.

Copyright, trademarks and Intellectual Property Rights
All intellectual property rights in this Website and the Content, are owned or licensed by Borely, and are protected by the Australian Copyright Act 1968 (Cth) and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches Borely’s intellectual property rights in the Website and Content.

Your use of the content on this Website does not grant or transfer any rights, title or interest in the material. Except for the purposes permitted under the Copyright Act 1968 (Cth), you must not use, copy, modify, transmit, store, publish or distribute the content from this Website, or any part of it, without permission. All other rights are reserved.

Nothing displayed on this Website should be construed as granting any licence, title or interest or right to use, reproduce or adapt a trademark of Borely, whether registered or unregistered (including the Borely logo) without the express written permission of Borely.

Some content may include third party material which is used by Borely with the permission of those third parties and which is subject to that third party’s terms and conditions of use. Nothing on this site should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third party content. External site images, if any, used on this Website are used with the permission of the authors of that image and must not be reproduced, modified or transmitted without obtaining the permission of the author of those materials.

The copyright in material appearing on Third Party Websites which are linked from this Website, vest in the author of that material, or the author’s licensee, subject to the operation of the Copyright Act 1968 (Cth). You should refer to the copyright statements at those Third Party Websites before making use of any material.

Privacy Policy
Borely’s Privacy Policy describes the full details of the information Borely collects from you when you use this Website. The Privacy Policy is available on this Website. By accepting these Terms of Use, you also agree to accept the terms of the Privacy Policy.

Estimates
Where Borely agrees to provide you with an Estimate, it is provided subject to the following terms and conditions.

By requesting an Estimate, you agree to be bound by these Terms and Conditions and Borely’s Privacy Policy.

The Estimate is not an offer by Borely but an estimate only. The Estimate is based on the information you have provided as well as some assumptions Borely has made. Borely makes no representations or warranties of any kind (express or implied) as to the accuracy or content of the Estimate, and the final price may change, depending on the scope of works requested by you prior to finalising a formal quote.

Borely will not be bound by the Estimate, and is not required to provide you with any goods or services, unless or until Borely has provided you with a formal quote (separate to the Estimate), and you have accepted the quote and the terms and conditions for that quote.

Disclaimer
Subject to the Terms and Conditions, you agree that your use of and access to the Website is at your own risk.

This Website and its contents are provided to you on “as is” basis. The information contained on this Website is provided in good faith by Borely. To the best of Borely’s knowledge and belief, the information is accurate and current at the time of publication. The Website may contain errors, faults and other inaccuracies. The Website contents may be incomplete. Borely and its Related Entities and their Personnel make no representations or warranties of any kind (express or implied) as to the operation, availability or security of this Website or the information, content, materials or products included on this Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

Borely will take reasonable steps to provide a safe and reliable service, but there are some risks with using the internet. Borely does not guarantee that this Website will be free from viruses, and accepts no responsibility for any harmful computer code that might be introduced to your system by using this Website (to the extent permitted by law).

This Website does not purport to provide you with professional advice of any kind. Borely has not taken into account your individual circumstances, and you should consider whether or not the products, services or information available on this Website is appropriate for your needs.

This Website, or any product or service available on it, may be changed or withdrawn at any time, without notice.

Third Party Websites
This Website may contain links to Third Party Websites. Borely is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.
Borely makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.
You must obtain Borely’s prior written permission to link to this Website.

Liability
Except where, and to the extent that, any obligations implied by law cannot be excluded, you agree that Borely and its Related Entities and their respective Personnel will not be liable for any Loss arising out of, as a result of or referable to this Website, the Content, or the use of or access to this Website, including that arise as a result of:

(a) any unauthorised access of or breach of security to this Website, for whatever reason; (b) any delay in effecting any transaction attempted to be processed through this Website, for whatever reason; (c) any failure to effect any transaction or agreement attempted to be processed through this Website, for whatever reason; (d) any error, faults, omission, inaccuracies or misrepresentation in relation to this Website or its Content; and/or (e) the transmission of any computer virus.

You agree that, to the extent permitted by law, in no circumstance will an Indemnified Person be liable for any indirect, incidental, special or consequential Loss or damage or loss of profits, howsoever caused.

If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and Borely’s liability for breach of that guarantee may not be excluded but may be limited, Borely’s liability for such breach is limited to,

(a) in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods; or
(b) in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.

Indemnity
You agree to indemnify and keep indemnified each Indemnified Person for all Loss suffered or incurred arising from or as a result of:

(a) your breach of these Terms and Conditions;
(b) your breach of any other legal obligation or law; or
(c) your use of or access to this Website, including any information you provide to Borely via this Website.

Applicable Law
These Terms and Conditions must be read and construed according to the laws of the State of Queensland (Australia) and the parties submit to the exclusive jurisdiction of that State and the Commonwealth of Australia.

If you access this Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Definitions

Content means the content, design, text, data, graphics, logos, icons, audio recordings, video recordings, information, images, pages and materials contained on this Website, and software related to this Website

Estimate means an estimate for the cost of providing services to you, provided by Borely at your request and based on information provided by you

Indemnified Person means Borely and its Related Entities and their respective Personnel

Loss means any damage, loss, cost, expense or liability however it arises and whether it is direct or indirect, present or future, fixed or unascertained, actual or contingent and includes all legal costs and expenses

Personnel means the directors, officers, employees, agents and contractors of a person

Related Entities has the meaning given to that term in the Australian Corporations Act 2001 (Cth), and in the case of Borely includes Future-proof Solutions Pty Ltd ACN 162 972 232

Terms and Conditions means these terms and conditions, Borely’s Privacy Policy and any other terms and conditions contained in this Website

Third Party Website means any website owned or controlled by any third party (other than Borely)

Website means this website which is owned and operated by Borely and/or its Related Entities (but does not include any websites owned and operated by third parties which are available via link from this website)

You / your means the user