This website is operated by Borg Group Pty Limited ACN 144 730 781 and all of its related bodies corporate and entities from time to time (referred to collectively as “Borg”) Throughout the site, the terms “we”, “us” and “our” refer to Borg. The term “you” means the end user of the website and “your” has the corresponding meaning. These Terms affect your legal rights and obligations. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, however accessed, you agree to be bound by these Terms and our Privacy Policy which can be located at our Privacy Policy page.
If you do not agree to be bound by all these Terms, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You acknowledge and agree that: (a) Prior to accepting these Terms, you had reasonable opportunity to examine and satisfy yourself regarding the subject of these Terms and have availed yourself of that opportunity; (b) At no time prior to entering into these Terms have you relied on our skill or judgment and that it would be unreasonable for you to do so; (c) You can review the most current version of the Terms at any time on this page; (d) We reserve right to update, change or replace any part of these Terms by posting updates and/or changes to our website; (e) It is your responsibility to check this page periodically for changes; and (f) Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.1. By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2. You may not use the website for any illegal or unauthorised purpose nor may you, in the use or the website, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3. A breach or violation of any of the Terms will result (at our discretion) in the immediate termination of your right to use this website (“service”).
1.4. We reserve the right to refuse service to anyone for any reason at any time.
1.5. You understand that your content (except for credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements or connecting networks or devices. Credit card information is always encrypted during transfer over networks.
1.6. The headings used in this agreement are included for convenience and will not limit or otherwise affect these Terms.
2.1. We are not responsible if information made available on this site is inaccurate, incomplete or not current.
2.2. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
2.3. Any reliance on the material on this site is at your own risk.
2.4. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
2.5. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3.1 To the extent permitted by law: ( (b) We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice; and (c) We shall not be liable to you or any third-party for any modification, suspension or discontinuance of the service.
4.1. We reserve the right, but are not obliged, to limit the service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, in our absolute discretion.
4.2. Any offer for any product or service made on this site is void where prohibited.
4.3. Subject to written product-specific warranties and the Australian Consumer Law, where applicable, we do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.
5.1. We may provide you with access to third party tools which we may neither monitor nor have any control over nor input into.
5.2. You acknowledge and agree that we provide access to such tools on an “as is”, “as available” and “with all faults” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
5.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5.4. We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
6.1. Certain content, products and services available via our website may include materials from third-parties.
6.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites or other materials, products or services.
6.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites.
6.4. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
7.1. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
7.2. Subject to clause 8.1, we are and shall be under no obligation: (a) to maintain any comments in confidence; (b) to give consideration or pay compensation for any comments; or (c) to respond to any comments.
7.3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
7.4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.
7.5. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments.
7.6. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8.1. Your submission of personal information through the website is governed by our Privacy Policy. You can view our Privacy Policy here.
8.2. We may use cookies to gather data in relation to this website and you consent to us doing so. Cookies are small text files that are stored on your computer (or internet-enabled device) by websites you visit. However, you may be able to disable cookies on your web browser.
8.3. Our websites use cookies to distinguish you from other users of our websites in order to help us to improve your experience when you browse our websites.
8.4. Our website uses three kinds of cookie: (a) strictly necessary cookies; (b) performance cookies; and (c) targeting cookies. For more information on these cookies, please contact us at privacyofficer@borgs.com.au.
9.1. This website may be interfered with, may contain computer viruses or other defects and may not be successfully replicated on other systems. We give no warranties in relation to these matters.
9.2. If you have any doubts about the authenticity of any communication from this website purportedly sent by us, you must contact us immediately.
9.3. There may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability.
9.4. All drawings and images are artistic impressions only.
9.5. We reserve the right to change prices, inclusions, areas, and dimensions without notice or obligation, correct any errors, inaccuracies or omissions and to cancel the service if any information in the service or on any related website is inaccurate at any time without prior notice.
9.6. We undertake no obligation to update, amend or clarify information in the service or on any related website including, without limitation, pricing information except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
10.1. In addition to other prohibitions in these Terms, you are prohibited from using the site or its content:
(a) to solicit others to perform or participate in any unlawful acts;
(b) to violate any international or domestic regulations, rules, laws or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(e) to submit false or misleading information;
(f) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl or scrape; or
(i) to alter, modify, change, interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
10.2. You must not create an application which falsely implies that it is associated with the website or us.
10.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use or the website, or access to the website or any contact on the website through which the service is provided, without the express, written permission by us.
11.1. We do not guarantee, represent or warrant that your use or our service will be uninterrupted, timely, secure or error-free. We do not warrant that results obtained from the use of the service will be accurate or reliable.
11.2. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
11.3. You expressly agree that your use of or inability to use, the service is at your sole risk.
11.4. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is”, “as available” and “with all faults” basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement (to the extent that the exclusion of those representations, warranties or conditions is permitted by law).
11.5. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, subcontractors, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products produced using the service, or for any other claim related in any way to your use of the service or any product including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11.6. You warrant that you have not relied on any representation made by us which has not been stated expressly in these Terms.
11.7. You acknowledge that the information contained on the website does not and is not intended to constitute legal, financial or other advice, the information or content on the website should not be relied upon and you agree that you will make your own inquiries and satisfy yourself as to the accuracy of any information or content contained on the website.
11.8. You should engage your own legal, financial and accounting expertise prior to entering into any contract or relying upon any information or content contained within the website.
11.9. We are not responsible for the actions, content, information or data of third parties and you release us, our directors, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
11.10. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship and that your decision to submit any content does not place us in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on our part and we will not be liable for any use of disclosure of any content you provide.
12.1. You agree to indemnify, defend and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12.2. You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you. You will not settle any claim without our prior, written consent.
13.1. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be nonetheless enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
14.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
14.2. These Terms are effective unless and until terminated by you or us under this clause 14. You may terminate these Terms at any time by notifying us that you no longer wish to use the service or when you cease using our site.
14.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we accordingly may deny you access to our service (or any part thereof).
15.1. The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.2. These Terms and any policies or operating rules posted by us on this website or in respect of service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
15.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
16.1. These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of NSW, Australia.
17.1. Questions about the Terms should be sent to us at privacyofficer@borgs.com.au