Terms & Conditions

1. User agreement

1.1.    By using the Lateral Building Design website and any of its associated services and functionality (in each case, the “Website“) you signify your agreement to be bound by these terms and conditions (“Agreement“) and our Privacy Policy.  Please read this Agreement and the Privacy Policy carefully before using the Website.

1.2.    Anyone who uses the Website is referred to in this Agreement as “you” and “your“.

1.3.    This Agreement is formed between you and By Lateral Pty Ltd (ACN 099 868 998) trading as Lateral Building Design (referred to in this Agreement as “We“, “Us” and “Our“) of 95 Canterbury Road, Heathmont Vic 3135.

1.4.    If you do not agree to any terms and conditions of this Agreement, you must not use the Website.

1.5.    We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.

1.6.    You should regularly check this Agreement to make sure you are familiar with the most current version. You should also be familiar with our current Privacy Policy.

2. Changes to the website

2.1.    We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.

3. Registration

3.1.    You must be a registered member to access some features of the Website.

3.2.    When registering and activating your account, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.

4. User representations

4.1.    You represent and warrant that:

4.1.1.  you are at least eighteen (18) years of age; and

4.1.2.  you will use the Website in accordance with this Agreement.

5. Termination

5.1.    We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice.

5.2.    We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.

5.3.    We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.

6. Your use of the website

6.1.    You agree to use the Website only for purposes that are permitted by:

6.1.1.  this Agreement;

6.1.2.  any applicable law or regulation; and/or

6.1.3.  generally accepted practice or guidelines.

6.2.    You must not (or attempt to):

6.2.1.  access any part of the Website by any means other than through the interface provided by us;

6.2.2.  engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;

6.2.3.  use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with our prior written consent;

6.2.4.  interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or

6.2.5.  use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.

6.3.    You understand and agree that any suspected fraudulent, abusive or illegal activity may result in legal action or be referred to appropriate law enforcement authorities or both.

6.4.    You are solely responsible for the activity that occurs on your account (including payments made through your account), and you must keep your account password secure.  We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

6.5.    You must not use another person’s account without our or the other member’s express permission.

6.6.    If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

7. Information on this website

7.1.    Some information about products and services on the Website is based on material provided by suppliers and product manufacturers.

7.2.    You understand and agree that except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing products or services without notice to us.

7.3.    You agree to make your own enquiries to verify information provided and to assess the suitability of products or services before you engage our services.

7.4.    Due to photographic and screen limitations associated with the representation of products, some actual products may differ (for example in colour) from the way they appear on the Website.

8. Content

8.1.    You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.

8.2.    You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website or Social Media at your own risk and to the extent permissible at law we do not accept liability in this regard.

8.3.    As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:

8.3.1.       you do not have the right to post;

8.3.2.       is defamatory or in contempt of any legal or other proceedings;

8.3.3.       is misleading or deceptive;

8.3.4.       incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

8.3.5.       denounces religious or political beliefs;.

8.3.6.       includes religious or political material which is or is likely to be offensive;

8.3.7.       is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;

8.3.8.       infringes any copyright, trade mark, patent or other intellectual property right of another person;

8.3.9.       contains any unsolicited or unauthorised advertising or promotional material;

8.3.10.    contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

8.3.11.    impersonates any person or misrepresents your relationship with any person.

8.4.    We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.

8.5.    You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

9. Disclaimer and liability

9.1.    We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.

9.2.    Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

9.2.1.       errors, mistakes or inaccuracies on the Website;

9.2.2.       you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;

9.2.3.       defamatory, harmful, offensive or unlawful conduct of any user on the website;

9.2.4.       personal injury or property damage of any nature resulting from your access to or use of the Website;

9.2.5.       any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

9.2.6.       any interruption or cessation of transmission to or from the Website;

9.2.7.       any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

9.2.8.       the quality of any product or service of any linked sites.

9.3.    We do not warrant, endorse, guarantee or assume responsibility for any other websites, content or resources linked to our website.

9.4.    Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

9.5    Except as required by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

10. Indemnity

10.1.    You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

11. Intellectual property

11.1.    We reserve all intellectual property rights, including but not limited to, copyright in material and services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

11.2.    Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

11.3.    You may not:

11.3.1.       modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or

11.3.2.       decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

11.4.    If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.  This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.

12. Transfer and assignment

12.1.    You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

12.1.1.       we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

12.1.2.       we shall be entitled to assign the benefit of any agreements we have with you to the third party.

13. General

13.1.    We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

13.2.    This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

13.3.    If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

13.4.    If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

14. Privacy and personal information

14.1.    If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Read our Privacy Policy here.

Terms and Conditions last updated on 19 April 2017.