Website Terms of Use
Disclaimer
This Website is owned and operated by Borely Pty Ltd (ACN 667 085 654) (“Borely,” “we,” “us,” or “our”) and/or its Related Entities. These Terms of Use are intended to be for the benefit of each of Borely and its Related Entities. By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any applicable laws or regulations. If you do not accept these Terms of Use, you must refrain from using this Website. We reserve the right to amend these Terms of Use at any time, with amendments effective immediately upon posting on this Website. Your continued use of the Website following such availability constitutes your agreement to the amended Terms of Use. If you do not agree to these Terms of Use, you must not use or access this Website. If you breach these Terms of Use, your right to use this Website will cease immediately, and BORELY may refuse you access to the Website at its absolute 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 our opinion you have failed to comply with any of the provisions of these Terms of Use.
The information contained on this Website is provided for general guidance and is intended to offer general information of interest only. It is not intended to replace or serve as a substitute for any professional advice, consultation or service and you should consult with a qualified BORELY professional in the respective area to obtain such services. The application of laws and regulations may vary depending on specific facts or circumstances. The Content, including technical specifications, engineering designs, calculations, or case studies, is provided for general informational purposes only and does not constitute project-specific or tailored engineering advice. You should engage an experienced trenchless consultant at BORELY to assess the suitability of any information for your specific project requirements.
We do not guarantee or warrant that the Website will be uninterrupted, without error or omission, or is free of viruses. Further, all information is provided ‘as is’ and without warranties of any kind, whether express or implied, including as to its accuracy, timeliness and completeness. We maintain complete editorial control over the Website and reserve the right to alter, amend or cease its operation at our absolute discretion. The Website may not operate on a continuous basis and may be unavailable from time to time.
Subject to these Terms of Use, you agree that your use of and access to the Website is at your own risk. BORELY has not taken into account your individual circumstances, and you should consider whether the products, services, or information available on this Website are appropriate for your requirements. This Website, or any product or service available on it, may be changed or withdrawn at any time and without notice. There are some risks with using the internet and we do not guarantee that this Website will be free from viruses, nor do we accept responsibility for any harmful computer code that might be introduced to your system by using this Website (to the extent permitted by law).
Intellectual Property Rights
All intellectual property rights in this Website, including the Content, belong to or are licensed by BORELY. These intellectual property rights are protected by Australian and international laws.
You are permitted to view, copy, print, and distribute (but not modify) the Content for personal, non-commercial use, research, criticism or review, provided that:
• All copyright, trademark and similar notices are retained; and
• The Content is not used as or implies that we are providing a testimonial or endorsement of, or collaboration with, an organization, its products or services.
This Website may contain proprietary engineering methodologies, software, tools or technical documentation developed by us. These materials are protected by intellectual property laws. You may use such materials for commercial purposes, such as tender submissions or technical reference, provided you obtain our prior written consent and retain all copyright and attribution notices in favour of BORELY.
You may not do anything that interferes with or breaches our intellectual property rights in the Website and its Content. Some Content may include third-party material used by us with the permission of those third parties and subject to their terms and conditions of use. External site images, if any, used on this Website are used with the permission of the authors of those images and must not be reproduced, modified, or transmitted without obtaining the prior permission of the author of those materials. The copyright in material appearing on Third Party Websites linked from this Website vests 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.
Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation applicable in your location, you may not copy, adapt, reproduce, store, modify, distribute, upload, display, perform, publish, post, frame within another website or create derivative works from any part of this Website, or commercialise any information obtained from it without our prior express written consent. You are not authorised to copy, use or distribute any proprietary processes, software or technology embodied or described in this Website.
Our name and logo are our trademarks. Other product and service names mentioned on the Website may also be trademarks. Use of these marks requires express prior permission and a license agreement from us. Unauthorized use of these trademarks is prohibited. To request this written approval, use the “Contact us” feature on the Website.
Your use of the Content does not grant or transfer any rights, title, or interest in the material. Nothing on this Website should be construed as granting any license or right to use any trademarks, copyrights, Content or other intellectual property without express written consent. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast, or other exploitation of material on this website will constitute an infringement of our intellectual property rights and we reserve the right to take appropriate legal action.
Linked Websites
This Website may contain links to other websites provided for convenience only. These links may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Certain link activities, such as those involving unauthorised use of our logo or disguising the URL to bypass the homepage or pages containing our copyright, legal disclaimer and online policy statement, are explicitly prohibited and may present trademark and copyright infringement issues.
BORELY does not endorse or approve Third Party Websites, and you must obtain our prior written permission to link to this Website in a commercial setting.
Third-Party Engineering Tools and Services
This website may integrate third-party tools or platforms, such as project management systems or design software interfaces, to enhance functionality. We are not responsible for the performance, security, or privacy practices of these third-party services.
Cookies and Tracking Technologies
This Website employs cookies and related technologies, such as web beacons, tags, scripts, and local storage, to enhance user experience, ensure smooth operation, and occasionally support online advertising through third-party vendors. Cookies are small text files stored on your device by our server, that your browser sends back on future visits to identify you and recall your preferences. Some cookies are strictly necessary for the Website to function and cannot be turned off. These are set in response to actions like setting privacy preferences, logging in, or completing online forms. You can set your browser to block or alert you about these cookies, but this may impair certain functions on the Website. These cookies do not store personally identifiable information.
We also use functional cookies to improve functionality and user personalization, such as remembering your language or region. These may be set by us or third-party providers. Blocking these cookies may impact some features or services. Analytic services, including web beacons and performance cookies, help us understand content effectiveness, user interests and website performance by tracking visits and traffic sources. This information is usually anonymized.
Cookies may be “persistent” (stored until their expiration date or deleted by you) or “session” (expire when you close your browser). You can manage cookies through your browser settings, though blocking some cookies may impact your user experience or the services we offer.
We may use external web services to display Content, such as images or videos, and social buttons to enable sharing or bookmarking. These Third-Party Websites may log information about your activities. Review their terms of use and privacy policies to understand how they handle your information. We may also use tracking technologies in email communications to determine if they have been read, clicked or forwarded. To opt out, you must unsubscribe, as tracking cannot be disabled otherwise.
Privacy Statement
Our Privacy Policy describes the full details of the information we collect from you when you use this Website. The Privacy Policy is available on this Website. By accessing or using this Website, you consent to our collection, use, and storage of your personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and the terms of our Privacy Policy. By accepting these Terms of Use, you also agree to accept the terms of the Privacy Policy.
Secure Data
Any information you transmit to this Website is at your own risk. You are required to inform us immediately if you become aware of any security issues with the Website. You must take precautions to ensure that your access does not expose you to viruses, malicious software or other interference that may cause damage to your computer or software.
Limitation of Liability
Except to the extent that any obligations implied by law cannot be excluded, you agree that BORELY, its Related Entities, and their respective Personnel (collectively, “Indemnified Persons”) will not be liable for any loss, damage, or injury, however caused (including, but not limited to, by our negligence), arising out of or in connection with your access to, use of, reliance on, misuse of, or inability to use this Website, the Content, or any software or materials available on it. This includes, but is not limited to, losses or damages caused by:
(a) Interruptions, delays, defects, or failures in website operation or transmission, including communication-line failures or any delay or failure in effecting any transaction attempted to be processed through this Website;
(b) Computer viruses, malicious code, or other harmful components introduced or accessed through the Website;
(c) Theft, destruction, unauthorised access, alteration, or use of any record, information, or data; or
(d) Errors, inaccuracies, omissions, or outdated information on the Website.
In no circumstance shall any Indemnified Person be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential, or other damages (including but not limited to loss of use, data, or profits), whether in contract, negligence, or other tortious actions, arising out of or in connection with this Website or the Content. Nothing in these Terms of Use limits your rights under the Competition and Consumer Act 2010 (Cth). Where liability for breach of any statutory guarantee cannot be excluded but can be limited, our liability is limited to, for goods, replacing or repairing the goods or supplying equivalent goods, or, for services, supplying the services again or paying the cost of having them supplied again.
Indemnity
You agree to indemnify and keep indemnified` BORELY, its Related Entities, and their respective Personnel for all claims, loss, damage, penalties, fines, expenses, and costs (including legal costs) arising out of or related to:
(a) your breach of these Terms of Use;
(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 via this Website, or any damage you may cause to this Website.
This indemnity includes, but is not limited to, liability arising from the misuse of technical content, unauthorised access to restricted areas of the Website (such as client portals or secure project data), or any actions that violate these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use must be read and construed according to the laws of the State of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia. If you access this Website from a jurisdiction other than Queensland, you are responsible for compliance with the laws of that jurisdiction, to the extent they apply.
Additional Terms
If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, it shall be re-construed to the maximum effect permitted by law in that jurisdiction, and the remainder of these terms shall remain in full force and effect. In all other jurisdictions, these terms remain fully effective.
We may revise these Terms of Use at any time by posting the revised terms on this webpage or elsewhere on the Website. Revisions are effective upon posting unless explicitly stated otherwise. It is your responsibility to check for updates. Your continued use of this website following changes constitutes your agreement to the revised terms.
Definitions
In these Terms of Use:
Borely means Borely Pty Ltd (ACN 667 085 654)
Content means the content, design, text, data, graphics, logos, icons, and arrangement thereof, audio recordings, video recordings, information, images, pages, and materials contained on this Website, and software related to this Website.
Future Proof Solutions means Future-Proof Solutions Pty Ltd (ACN 162 972 232).
Indemnified Person means Borely, its Related Entities, and their respective Personnel.
Personnel means the directors, officers and employees of Future-Proof Solutions and Borely.
Related Entities has the meaning given to that term in the Corporations Act 2001 (Cth), and in the case of BORELY includes Borely.
Terms of Use means these terms and conditions, the BORELY 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, including www.borely.com (but does not include any websites owned and operated by third parties which are available via link from this Website).
Contact Us
For inquiries regarding these terms and conditions, our Privacy Policy, or any issues with the Website, please contact us via the “Contact us” feature or at info@borely.com.