Action Plumbing

Website Terms and Conditions of Use

1.     About the Website

1.1.         Welcome to www.actionplumbing.net.au (the ‘Website‘). The Website provides an opportunity to browse the site and Action Plumbing Pty Ltd digital products and services (the ‘Services‘).

1.2.         The Website is operated by Action Plumbing Pty Ltd (‘Action Plumbing) (ABN 530 086 054 27). Access to and use of the Website, or any of its associated Products or Services, is provided by Action Plumbing. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3.         Action Plumbing reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Action Plumbing updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.     Acceptance of the Terms

2.1.         You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Action Plumbing in the user interface.

3.     Registration to use the Services

3.1.         As part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address

  • Full Name

3.2.         You warrant that any information you give to Action Plumbing in the course of completing the registration process will always be accurate, correct and up to date.

3.3.         You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with Action Plumbing; or

  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4.     Payment

4.1.         Where the option is given to you, you may make payment for the Services (the ‘Services Fee‘) by way of:

  • PayPal (‘PayPal‘)

  • Credit Card (‘Credit Card’)

4.2.         All payments made in the course of your use of the Services are made using Square the (‘Payment Gateway’). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Square terms and conditions which are available on their website.

4.3.         You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

4.4.         You agree and acknowledge that Action Plumbing can vary the Services Fee at any time.

5.     Refund Policy

5.1.         Action Plumbing will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Action Plumbing makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).

For Workshop/Event Tickets

5.2.         If an event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds or partial refunds may be issued. Action Plumbing will communicate with ticket holders directly.

5.3.         Action Plumbing will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.

5.4.         With the exception of 6.3 above, ticket purchase fees are not refundable in any other circumstances.

5.5.         Tickets may be transferred to another individual. To do this you must advise Action Plumbing of the transfer in writing by email to office@actionplumbing.net.au.

6.     Copyright and Intellectual Property

61.         The Website, the Services and all of the related products of Action Plumbing are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Action Plumbing or its contributors.

6.2.         All trademarks, service marks and trade names are owned, registered and/or licensed by Action Plumbing, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;

  • copy and store the Website and the material contained in the Website in your device’s cache memory; and

  • print pages from the Website for your own personal and non-commercial use.

6.3.         Action Plumbing does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Action Plumbing.

6.4.         Action Plumbing retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

6.5.         You may not, without the prior written permission of Action Plumbing and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7.     Privacy

7.1.         Action Plumbing takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Action Plumbing’s Privacy Policy, which is available on the Website.

8.     General Disclaimer

8.1.         Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

8.2.         Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

  • Action Plumbing will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.3.         Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Action Plumbing make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Action Plumbing) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

  • costs incurred as a result of you using the Website, the Services or any of the products of Action Plumbing; and

  • the Services or operation in respect to links which are provided for your convenience.

9.     Limitation of liability

9.1.         Action Plumbing’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

9.2.         You expressly understand and agree that Action Plumbing, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10.     Information and Published Materials Disclaimer

10.1.         The information contained on this Website and within all published materials is for general information purposes only and is not meant to substitute professional communications or business advice. All care is taken in the preparation of the information and published materials on this site. Action Plumbing does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. Any statements made are to be used at your discretion and are not intended to result in any specific outcome.

10.2.         To the extent permissible by law, Action Plumbing will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

10.3.         This site may contain hypertext links, frames or other references to other parties and their websites. Action Plumbing cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Action Plumbing does not necessarily approve of, endorse, or sponsor any content or material on such sites. Action Plumbing makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

11.  Indemnity

11.1.         You agree to indemnify Action Plumbing, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the website, its Services or any published materials;

  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

  • any breach of the Terms.

12.  Dispute Resolution

12.1.          If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by Independent Third Party as agreed or his or her nominee and attend a mediation.

13.  Venue and Jurisdiction

13.1.          The Services offered by Action Plumbing is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory.

14.  Governing Law

14.1.          The Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15.  Independent Legal Advice

15.1.          Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16.  Severance

16.1.          If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.