Terms & Conditions 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

License to use website: 
Unless otherwise stated, Evans Above Tiling and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:

  • republish material from this website (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website [except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Evans Above Tiling express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Evans Above Tiling express written consent.

Restricted access
Access to certain areas of this website is restricted. Evans Above Tiling reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Evans Above Tiling discretion. If Evans Above Tiling provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Evans Above Tiling may disable your user ID and password in Evans Above Tiling sole discretion without notice or explanation.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Evans Above Tiling a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Evans Above Tiling the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Evans Above Tiling or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Evans Above Tiling reserves the right to edit or remove any material submitted to this website, or stored on Evans Above Tiling servers, or hosted or published upon this website.

Notwithstanding Evans Above Tiling rights under these terms and conditions in relation to user content, Evans Above Tiling does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. Evans Above Tiling makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Evans Above Tiling does not warrant that:

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability
Evans Above Tiling will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Evans Above Tiling has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Evans Above Tiling liability in respect of any:

  • death or personal injury caused by Evans Above Tiling negligence;

  • fraud or fraudulent misrepresentation on the part of Evans Above Tiling; or

  • matter which it would be illegal or unlawful for Evans Above Tiling to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Evans Above Tiling has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Evans Above Tiling officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Evans Above Tiling officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Evans Above Tiling.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify Evans Above Tiling and undertake to keep Evans Above Tiling indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Evans Above Tiling to a third party in settlement of a claim or dispute on the advice of Evans Above Tiling legal advisers) incurred or suffered by Evans Above Tiling arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to Evans Above Tiling other rights under these terms and conditions, if you breach these terms and conditions in any way, Evans Above Tiling may take such action as Evans Above Tiling deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
Evans Above Tiling may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
Evans Above Tiling may transfer, sub-contract or otherwise deal with Evans Above Tiling rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions constitute the entire agreement between you and Evans Above Tiling in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts.

Registrations and authorisations
Evans Above Tiling is registered with Australian Securities & Investments Commission. You can find the online version of the register at https://connectonline.asic.gov.au/ .
Evans Above Tiling is registered in Queensland, Australia under ABN number 33 239 704 170. Evans Above Tiling registered address is 85 Rainforest Road Tanawha QLD 4556. You can contact Evans Above Tiling by email at evans.above.tiling@gmail.com


About these website terms and conditionsThese website terms and conditions were made using a free Contractology form available at www.freenetlaw.com. Contractology supply contract templates, including sales contract templates, to businesses worldwide.