Terms of Use

[last updated December 2019]

Thank you for visiting our website, we are very proud of our business and the services we provide.

In these terms, when we use the word website, we mean our main website at grantsheds.com.au, together with any sub-sites, applications and/or related blogs, social media platforms, message boards or similar.

When we talk about ‘us’ ‘our’ or ‘we’, we mean New Horizons (SA) Pty Ltd trading as Grant Sheds ABN 34 112 781 003 together with our directors, employees, contractors, authors and representatives.

When we talk about ‘you’ or ‘yours’, we mean you as a user of our website.

These terms of use, together with our privacy policy, any disclaimers or other website policies, legal terms or notices (collectively called ‘terms’ in this agreement), set out the conditions upon which we make our website available for use. These terms are important, and we expect all users to comply with them.

By using the website, you are agreeing to be automatically bound by these terms. We encourage you to carefully read and understand these terms before using the website. If you don’t agree with out terms, your remedy is to stop using our website.

We may update our terms from time to time and the new provisions will apply from the date they are updated and displayed on the website.

No Unlawful or Prohibited Use
As a condition of your use of the website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You agree not to hack into areas of the website that are not intentionally made available to you.

You expressly agree not to:

• use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval;
• engage in any internal or external spamming, or other similar actions;
• engage in any unlawful or immoral acts, or acts which are in violation of these terms;
• use the website in a manner that is damaging or potentially damaging to our reputation or the reputation of any of our customers; or
• decompile, reverse engineer, or try to copy or imitate the website or underlying content.

Copyright, Trademarks and other Intellectual Property
We have the right (either by ownership or license) to use all intellectual property we display on our website, including video content accessible from our website.

Information, images and item descriptions posted on the website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from us or any relevant third party before using any content.

Your Content
You warrant that you hold the necessary rights and interests to use any material you add to our website or social media pages or other public access areas (your content) and that your content (or any part of it) does not infringe any third party intellectual property rights, including copyright and trade mark rights.

By submitting your content to our website you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purposes of displaying it (if this was the intention) or using it to provide services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions or if we receive a take-down notice in relation to your content (or part of it). We are not obligated to return any of your content to you under any circumstances.

Content Copyright Infringement
If you believe that there is material on our website that infringes third party intellectual property rights, please contact admin@grantsheds.com.au with sufficient information to enable us to determine who is the owner of the intellectual property and, if we form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security
While we take steps to implement and maintain security, we do not guarantee the security of the website, our records, your data or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

DISCLAIMERS
Links Disclaimer
The website may contain links to other websites outside of our organisation (linked sites). As the linked sites are not under our control, we are not responsible for the content of or any transmission received from a linked site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators. Your use of the linked sites is at your own risk.

Promoted Services Disclaimer
If we promote third party products or services via our website it is because they may have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

Testimonial Disclaimer
Testimonials (including videos) displayed on our website are from real people and express their personal opinions about our services or products. Where financial outcomes are provided (for example paying off a shed using savings on fertilizer costs), the information has not been verified by us and does not amount to a warranty. The economic time period or weather patterns when the testimonial was given could result in different outcomes if the same scenario was repeated tomorrow or next year. Likewise, your farming or business practices may be different and result in a different outcome.

Content Use Disclaimer
You acknowledge and agree that your use of the website is entirely at your own risk. We make no warranty about the suitability, accuracy or correctness of any information or whether the application by you of any information provided by us will result in you achieving your objectives or compliance with any law. While we can assist you with council or local authority applications, we make no warranty that the type of shed you are purchasing or the use you plan to make of the shed will be lawful on your property or approved by the local council. You take full responsibility for all use you make of the information provided and remain solely responsible for your own understanding, application and compliance with all laws.

Where we provide information about potential financial benefits of having a shed built, tax incentives or reduced operating costs/increased income amounts, the information we provide is:

• general in nature, not personalised to your situation and does not amount to financial advice;
• does not take into account your circumstances, risk appetite or objectives;
• designed to point you in the right direction to find more information; and
• is not designed to be relied on without further research by you.

While we source our information from reliable sources, we make no warranty that any information on the website is correct, suitable for any purpose, reliable, relevant, complete or accurate. You agree you will not rely on the tax incentive or other financial outcome style information we have provided when making a decision about purchasing a shed. If this information is important to you, you agree you will verify the information yourself, check the accuracy and, if necessary, seek independent financial advice (for instance, from your accountant), before making a purchasing decision.

To the maximum extent permitted by applicable law, anything contained on the website or in any information booklet is provided “as is” without warranty or condition of any kind. You agree to take full responsibility for all use you make of the website and any application you make of the information provided.

General Disclaimer
We accept no responsibility for any interference, loss, damage or disruption to your own computer system caused or contributed to by your use of the website or any linked site.  You must take your own precautions to protect yourself from any risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

These disclaimers apply to the fullest extent permitted by law and survive any termination or expiration of these terms and conditions or your use of the website or the information viewed on the website.

We reserve the right to change, edit, update (or not update), fix typographical errors, remove or replace sections or otherwise alter content on the website at any time.

Limitation of Liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of the website or the website information, in any way, subject to the requirements of Australian Consumer Law.

If warranties arising from our website, website information or website linked information are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those website or informational services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of the website, information or links on the website.

Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

• any content you post via the website;
• your unauthorised use of the website or products or services included or advertised on the website; or
• your breach of these terms and conditions.

Applicable Law
This agreement is governed by the laws of South Australia, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of the website and/or the products.

You may provide notice to us by email addressed to ‘the Directors’ and sent to admin @ grantsheds.com.au. We may provide notice to you via email or other electronic means.

Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of the website is unauthorized, it is your responsibility to stop using the website.

Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement, use of the website.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website, or with regard to information provided to or gathered by us with respect to your use.

Validity
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

Feedback, Comments or Complaints
If you have any questions, please contact admin@grantsheds.com.au and we will usually respond to all enquiries within two business days.