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Terms & Conditions

Website terms of use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.

Daiwa Living Nesuto Australia Pty Ltd (ACN 616 382 542) and Daiwa Living Nesuto New Zealand Pty Ltd (Company No. 6159307) (NZBN 9429045873263) (collectively “Website Owner”)
owns and operates this website. Access to and use of this Website is and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Use                                                                                                                                                        
Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Linked sites
This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

Privacy policy
Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

Prohibitions
(a) You must not misuse this Website. You will not:
(i) commit or encourage a criminal offense;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Service; corrupt data; cause annoyance to other users;
(iv) infringe upon the rights of any other person's proprietary rights;
(v) send any unsolicited advertising or promotional material, commonly referred to as "spam"
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
(vii) take any action that imposes an unreasonable or disproportionately large load on the Website or the WebsiteOwner’s infrastructure;
(viii) use any robot, spider, other automatic device or manual process to monitor, scope or copy this Website or anyinformation or  images contained in this Website;
(ix) commit any civil wrong, including but not limited to threats, slander, defamation, obscenity, inflammatory comment,discrimination, pornography or otherwise offensive acts or omissions on the Website; or
(x) have any privacy and/or confidentiality in anything you post on or through the Website.

Breaching this provision may constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.  You will be civilly liable to the Website Owner for breach of these matters and/or the common law.

(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual property, software and content
(a) The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

(b) The Website Owner has no obligation to, but may monitor and review information you transmit over the Website.  You agree that the Website Owner may censor, edit, remove or prohibit the transmission or receipt of any information that the Website Owner deems inappropriate or in violation of these Terms of Use and use any such information as necessary to provide the Website or to protect the rights or properties of the Website Owner. You agreed that the Website Owner may also monitor and review stored information without restrictions.  You hereby acknowledge and consent to such monitoring and reviewing.


User Feedback
By submitting any ideas, comments, suggestions or other information to this Website or to the Website Owner related to improvements to the Website or services related to the Website (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, the Website Owner’s property. None of the Feedback shall be subject to any obligation of confidentiality on the Website Owner’s part and Website Owner shall not be liable for any use or disclosure of any Feedback. The Website Owner shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.

Disclaimer of liability
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. 
(b) To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 
(c) This does not affect Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

10 Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.

11 Indemnity
You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

12 Variation
Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

13 Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

14 Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

15 Vienna Convention
To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) does not apply to this Agreement and no terms are implied into this Agreement by that Convention.

16 Waiver
Any waiver of a term of this Agreement will only be effective if in writing and signed by both parties. Without limiting the foregoing, any failure by a party to compel performance by other parties of any of the terms and conditions of this Agreement will not constitute a waiver of those terms or conditions, nor will it affect or impair the right of the first mentioned party to enforce them at a later time or to pursue remedies it may have for any subsequent breach of those terms and conditions.

17 Applicable Law
This agreement will be governed by and construed and interpreted in accordance with the laws of New South Wales, Australia.

18 Jurisdiction
The parties irrevocably submit to the jurisdiction of the courts of the state of New South Wales, Australia.

19 Dispute Resolution
(a)    If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause.
(b)    Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
(c)    If the dispute is not resolved by agreement within five working days of the Second Party receiving the notice referred to in clause 19(b) above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five working days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. The costs of the mediator must be borne equally between the disputing parties. The chosen mediator must determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

If the parties have not mediated a resolution of the dispute within 30 working days of the selection of a mediator, neither party must be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.  This clause does not limit either party’s right to seek urgent injunctive relief if such relief cannot await this alternative resolution process occurring.

20 Entire Agreement
This Agreement is the entire agreement between the parties and supersedes all and any communications, negotiations, arrangements and agreements, whether oral or written, between the parties in respect of the matters that are the subject of this Agreement.

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