Terms & Conditions
General
Multitude Pty Ltd ACN 612 215 728 (‘we’, ‘us’; or ‘our’) is the owner and operator of this website.
Our business consists of supplying goods to our retail and wholesale customers which are used for the development of residential accommodation (“Goods”).
Subject to these terms and conditions (“Terms”), any person may access or use this website via the internet without registering with or disclosing to us any personal information, however, you shall only be entitled to access all of the Services if you submit your personal information, subject to our approval. Please refer to our privacy policy to see how we deal with your personal information.
Your use of and access to this website indicates your acceptance of these Terms, as they exist at that time, to the exclusion of all others.
We may vary these Terms and provide 30 days’ written notice to you of any material changes. The most recent version of these Terms will be available on the website. You may wish to bookmark this page so you can review the Terms when you use this website.
These Terms plus any implied terms which cannot be excluded are the whole agreement between you and us.
These Terms shall be governed by and interpreted according to the laws of Victoria and you consent to and submit to the jurisdiction of the courts of Victoria.
Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.
Online Security and Restrictions
All website traffic is encrypted using SSL. All private user details are encrypted using secure encryption technology.
You acknowledge and agree that:
We rely on internet services provided or controlled by third parties.
At times, actions or omissions of such third parties can impair or disrupt your connections to the internet.
Although we will use commercially reasonable efforts to take actions we deem appropriate to remedy and avoid such events, we cannot guarantee that such events will not occur.
We exclude any and all liability resulting from, or related to, such events.
We do not warrant that the website and the Services will be uninterrupted, error-free, or completely secure.
You must not create links to any part of our website, other than the home page at www.multitude.com.au, unless we request that you provides a link or you receive written permission from us to do so.
Our website may contain links to other websites. These links are provided solely for your convenience. We do not monitor or review the content of third party websites which are linked from our site. Opinions expressed or material appearing in such sites are not necessarily shared or endorsed by us.
We will not accept any responsibility for any loss or damage, howsoever caused, resulting from the interaction with third parties linked from our site.
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the website. You must not:
Post unauthorised commercial communications (such as spam);
Upload viruses or other malicious code;
Solicit login information or access an account belonging to someone else;
Bully, intimidate or harass any of our employees or any other user;
Use the website to do anything unlawful, misleading, malicious or discriminatory.
Acknowledgements and Warranties
You acknowledge and warrant that you have relied on your own skill and judgment or, alternatively, on the skill and judgment of professional advisers retained by you to provide advice and assistance on the suitability of this website and the Services (including the Goods) for specific purposes and, in this respect, you shall indemnify us from and against any suit, claim, demand or compensation which, but for these Terms, you may have had against us.
You acknowledge and agree that:
We may refuse to allow you to access this website or allow you to access the Services in our absolute discretion;
We do not guarantee the accuracy of information stated on our website or any statement of our staff made through the website;
There is no guarantee that the Services will be successfully delivered.
The Services are provided on an “as is” basis. To the fullest extent permitted by law, we exclude all liability for any loss or damage in relation to (except to the extent that the loss or damage is directly caused by our fraud or wilful misconduct):
any event outlined in clause 2.b, which includes, without limitation:
direct loss, loss of profits, damage caused to your computer or software systems, loss of data, or incorrect data;
damage to reputation, the issue of civil or criminal proceedings or any other direct or indirect consequential or incidental damage or harm incurred by you or any third parties;
any warranties or expectations which are or may be provided by any affiliates or third parties regarding the Services;
an insurance company refusing to insure, cover, or pay-out a claim in relation to you or the Services;
a failure to meet the appropriate legal requirements placed upon you by a relevant government or authority.
If liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or Services.
Indemnity
To the fullest extent permissible under law, and provided that this is not caused by gross negligence or wilful default by us, you shall release and indemnify us from any claims, demands, losses, actions, liability, expenses and costs incurred by you caused by:
A real or perceived lack of availability or functionality of the website or non-performance of the website for other reasons;
Non-acceptance of provision of the Services or the failure by us to provide the Services;
the failure of the Goods to operate as intended and/or reach the desired outcomes; and
Any assertion of claims under warranty, claims for damages or other claims with regard to the Services, including any negligent or wilful act or omission or such act or omission of any employees, agents, servants, contractors that use the Services.
The Goods are at your risk as soon as they leave our warehouse and, to the fullest extent permissible under law, and provided that this is not caused by gross negligence or wilful default by us, we will not be liable for any damage to the Goods caused during delivery. You are responsible for insuring the Goods after they leave our warehouse.
Intellectual Property
All intellectual property relating to this website belongs to us at all times, or has been licensed to us by a relevant individual or entity, including but not limited to all of our trade marks, logos, service marks, trade names, business names, copyrights, designs, patents, processes and other technical know-how, confidential information, inventions, and other rights in industrial property and applications for them or licence agreements or other arrangements under which a person has the right to use any of them.
You shall not copy, alter, transmit or otherwise use for commercial purposes or further distribute our intellectual property, except as permitted by us.
All communication and documentation produced for or by you for the Services shall remain our property. This includes any copyright in any written material or in any other material in which copyright may exist.
Whether or not copyright exists, the personal ownership of all lists, files, correspondence, contracts and other materials created for the purpose of, or in the course of, the Services shall vest in us and shall not be used other than for the purposes of the Services.
We shall not be liable for any breach of copyright or other intellectual property rights.
Force Majeure
We shall be released from any and all obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond our control renders the availability of the website and provision of the Services impossible, and, unless prohibited by law, we may elect to terminate these Terms.
Failure to Act
Our failure to enforce or insist upon the timely performance of any term, condition, covenant or provision in these Terms, or our failure to exercise any right or remedy available under these Terms or at law shall not constitute a waiver of any subsequent default or a waiver of our right to demand strict compliance with the Terms.
