Terms and Conditions
WHO WE ARE & HOW TO CONTACT US
- “You” and “User” is the customer.
- “We”, “us” and “our” means AIRsteril Australia, and its parent company,
- Exemplar Performance Advantage Pty Ltd (ABN 58 002 263 943) trading as AIRsteril Australia
- Suite 5/1-3 See Street, Kingsford NSW 2032 Australia
- Email us: hello@airsteril.net.au
- Write to us: Suite 5/1-3 See Street, Kingsford NSW 2032 Australia
1 About the Website
1.1 Welcome to (the ‘Website‘). The Website introduces and explains cost-effective products and solutions for odour elimination and infection control, using AIRsteril technology.
1.2 The Website is operated by Exemplar Performance Advantage Pty Ltd (ABN 58 002 263 943) (‘Exemplar Performance Advantage’). Access to and use of the Website, or any of its associated products or services, is provided by Exemplar Performance Advantage. 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 immediately.
1.3 Exemplar Performance Advantage reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Exemplar Performance Advantage 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.
1.4 We do not guarantee that our Website, or any content on it, will always be available or uninterrupted. We may, at our absolute discretion, suspend or withdraw or restrict the availability of all or part of our Website for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are responsible for ensuring that all persons who access our Website via your internet connection are aware of these Terms and Conditions.
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 Exemplar Performance Advantage.
3 Your obligations as a User
3.1 you will use the Website only for purposes that are permitted by:
(a) the Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
not to transmit, or produce the sending of, any advertising or promotional material (without our prior written consent) including “junk mail”, “chain letter” or “spam” or any other similar solicitation to impersonate or attempt to impersonate us, any of our employees, another use or any other person or entity including, without , by using email addresses or screen names associated with any of the foregoing;
access and use of the Website is limited and allows for the sole use of the Website by you for the purposes of Exemplar Performance Advantage providing information about its services;
you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Exemplar Performance Advantage.
you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that appropriate legal action will be taken by Exemplar Performance Advantage for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website is prohibited.
We may report any of the activities above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
4 Copyright and Intellectual Property
(a) use the Website pursuant to the Terms.
(b) copy and store the Website and the material contained on the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Exemplar Performance Advantage does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Exemplar Performance Advantage.
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) 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.
This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
6 General Disclaimer
6.1 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.
6.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Exemplar Performance Advantage 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 Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3 Use of the Website is at your own risk. Everything on the Website 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 Exemplar Performance Advantage make any express or implied representation or warranty about the products (including the products or services of Exemplar Performance Advantage) 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:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Website, or any of its related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, or any of the products of Exemplar Performance Advantage; and
(d) the Website or operation in respect to links which are provided for your convenience.
7 Limitation of liability
7.1 Exemplar Performance Advantage shall not be liable to you for these Terms or any improper use of this Website by you, and any losses you may suffer, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise.
7.2 You expressly understand and agree that Exemplar Performance Advantage, 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.
7.3 If our Website contains links to other sites (including advertisements and sponsored links) and/or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us for those linked websites or information you may obtain from them. We will have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
7.4 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
8 Termination of Contract
8.1 The Terms will continue to apply until terminated by either you or by Exemplar Performance Advantage as set out below.
8.2 If you want to terminate the Terms, you may do so by: providing Exemplar Performance Advantage with 14 days’ notice of your intention to terminate; and closing your accounts for all of the services which you use (if any), where Exemplar Performance Advantage has made this option available to you. Your notice should be sent, in writing, to Exemplar Performance Advantage via the ‘Contact Us’ link on our homepage.
8.3 Exemplar Performance Advantage may at any time, terminate the Terms with you if:
You have breached any provision of the Terms or intend to breach any provision.
Exemplar Performance Advantage is required to do so by law;
The provision of the services to you by Exemplar Performance Advantage is, in the opinion of Exemplar Performance Advantage, no longer commercially viable.
8.4 Subject to local applicable laws, Exemplar Performance Advantage reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Exemplar Performance Advantage’ name or reputation or violates the rights of those of another party.
9 Indemnity
9.1 You agree to indemnify Exemplar Performance Advantage, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 your use of the Website.
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
10 Dispute Resolution
10.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
10.2 Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
10.3 Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(d) The mediation will be held in New South Wales, Australia.
10.4 Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
10.5 Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10.6 Venue and Jurisdiction
These Terms and Conditions, their subject matter, and their formation, are governed by Australian Law. You and we both agree that the courts in Australia will have exclusive jurisdiction. The Website offered by Exemplar Performance Advantage 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 New South Wales, Australia.
11 Venue and Jurisdiction
11.1 These Terms and Conditions, their subject matter, and their formation, are governed by Australian Law. You and we both agree that the courts in Australia will have exclusive jurisdiction. The Website offered by Exemplar Performance Advantage 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 New South Wales, Australia.
12 Governing Law
12.1 The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.
13 Independent Legal Advice
13.1 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.
14 Severance
14.1 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.
15 Contact
15.1 If you wish to contact us, we can be reached in any of the following ways:
Exemplar Performance Advantage Pty Ltd (ABN 58 002 263 943) trading as AIRsteril Australia
Post: Suite 5/1-3 See Street, Kingsford NSW 2032 Australia
Phone: (02)9666-8766
Email: hello@airsteril.net.au
