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Introduction
Welcome to Tucanos' website, available at www.tucanos.com.au (Site). By using or browsing this Site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Site.
Acceptance of Terms and Conditions
These Terms and Conditions (Terms and Conditions) apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as (Services). By using this Site, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, "Us," "Our," and "We" refers to Tucanos and "You" and "Your" refers to you, the client, visitor, website user, or person using our website.
In using our Site and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted, and will comply with these Terms and Conditions. You must be over 18 years of age to use this website and to purchase any of our Services. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.
Amendment of Terms
We reserve the right to change, modify, add, or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication on the new Terms and Conditions on this Site. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes. If you choose to use our Site, then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern your and Tucanos' rights and obligations to each other.
Limitation of Liability
By using our Site, you agree and accept that Tucanos is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether for errors or from omissions in our content or information, any goods or services we may offer or from any other use of the Site or Services. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.
It is your own responsibility to ensure that any Services available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
ACL and Consumer Guarantees
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth). The liability of Tucanos for any breach of a term of this agreement is limited to; the supplying of the goods or services to you again, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again.
Links To Other Websites
Tucanos may from time to time provide on its Site, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Tucanos and the owners of those websites. Tucanos takes no responsibility for any of the content found on the linked websites.
Tucanos' Site may contain information or advertisements provided by third parties for which Tucanos accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a 'recommendation' only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Privacy Policy
At Tucanos, we are committed to protecting your privacy. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we treat your personal information. Please read our separate Privacy Policy carefully.
Disclaimer
To the fullest extent permitted by law, Tucanos absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Tucanos gives no warranty that our Site or its server is free of viruses or any other harmful components.
While we, at all times, endeavor to have the most accurate, reliable, and up-to-date information on our Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link, or information on the Site or as to its correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Tucanos to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure you are aware of any risk you may be taking by using this Site or any products or services that may be offered through it. It is your responsibility to do so.
Third Parties
Tucanos does not and will not sell or deal in personal or customer information. We may, however, use non-identifiable information without any reference to your name, your information to create marketing statistics, identify user demands, and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
Disclosure of Your Information
Tucanos may be required, in certain circumstances, to disclose information in good faith and where Tucanos is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property, or safety of our customers or third parties.
GST
If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Tucanos. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, Tucanos will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Restricting Access
Tucanos reserves the right to exclude and deny any person access to our Site and our Services, at any time in our sole discretion.
Intellectual Property
This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the Site for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents, or products that may be available for download from time to time on this Site.
Tucanos expressly reserves all copyright and trademark in all documents, information, and materials on our Site, and we reserve the right to take action against you if you breach any of these terms.
Any reproduction or redistribution of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk content for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Severability
If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.
Entire Agreement
These Terms and Conditions make up the entire agreement between you and Tucanos and supersede any prior agreement, understanding, or arrangement between you and Tucanos whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Jurisdiction
These Terms and Conditions and this Site are subject to the laws of New South Wales and Australia. If there is a dispute between you and Tucanos that results in litigation, then you must irrevocably submit to the jurisdiction of the courts of New South Wales.
