Terms of Use

Terms of Use

In this policy, “us”, “we”, or “our” means Cassins and Sons, operators of this website.

These terms of use govern your use of and access to this website.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

These terms were last updated on 8th December 2015.



1. Ownership

This website www.cassinandsons.com.au (Website) is owned and
operated by Cassin and Sons (Aust) Pty Ltd (ABN 14 110 981 541) (Website Operator).

2. Acceptance of Terms and Conditions

Your access and use of the Website is conditional upon your acceptance and compliance with these terms and conditions (Terms of Use).

The Website Operator may amend the Terms of Use from time to time and without notice. By continuing to use the Website you accept and are bound by the Terms of Use as they apply from time to time.

3. Jurisdiction

These terms of use shall be governed by and construed in accordance with the law of New South Wales, Australia.  You consent to the exclusive jurisdiction of the courts of New South Wales to determine any matter or dispute which arises under these terms of use.

4. Privacy

Please review our Privacy Policy, which also governs your visit to this website, to understand our practices.

5. Copyright

The Website Operator owns the copyright in the content on the Website or has the right to use the content, including all text, graphics, images and other
material (Material).

Unauthorised use of the Material will constitute a breach of the Copyright Act
1968 (Cth).

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in the Terms of Use, no part of any Material may in any form or by any means (including but not limited to,
electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without expressly being provided for on the Website or expressly authorised in writing by Website Operator.

This clause survives termination of the Terms of Use.

6. Material on the Website

The Material on the Website is liable to change at any time. Website Operator makes no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, merchantability or fitness for purpose of any or all of the Material. The Material may contain inaccuracies, errors or omissions.

Any use and/or reliance on the Material is at your own risk.

7. Restrictions on Use

The Material on the Website is intended only to provide a summary and an overview of the subject matter covered. It is not intended to be comprehensive nor should it be relied upon as a substitute for legal or other professional advice. You should seek legal or other professional advice before acting or relying on any of the Material on the Website.

You may only access, use and/or print the Material available on the Website for non-commercial or personal uses. All other use, copying, reproduction, republication, uploading, transmission, distribution and/or modification of the Material is prohibited unless provided for in the Terms of Use or on the
Website or expressly authorised in writing by Website Operator.

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free.  Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site
at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

This clause survives termination of the Terms of Use.

8. Trademarks

All names, logos and trademarks are owned by Website Operator or the third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation by the
Website Operator or the relevant third parties.

9. Limitation of Liability

Your use of this website is undertaken at your own risk.

To the extent permitted under the Competition and Consumer Act 2010 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified.

We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

The Website Operator, third parties who have contributed to the Website and third parties mentioned on the Website will not be liable for any loss or damage suffered (including, but not limited to, incidental and consequential damages, loss of profits or damages) in connection with or resulting from the receipt of, or reliance on any Material from the Website, or the use and/or access of, or inability to use and/or access, the Website and the Material.

In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shopping and /or handling charges) for those goods and services.

This clause survives termination of the Terms of Use.

10. Computer Virus

The Website Operator does not warrant that the Website or its servers will operate free from any computer viruses or other harmful code.  If your use and/or access of the Website or the Material, or if receipt of any Material from the Website results in the transmission of any computer virus, Website Operator will not be liable for any loss or damage suffered (including, but not limited to, consequential damages, loss of profits or damages) in connection with or resulting from such use and access.

It is your responsibility to carry out an appropriate virus check to ensure that the Website and the Material is free from viruses and other harmful code before using and/or accessing the Website and any Material.

This clause 8 survives termination of the Terms of Use.

11. Hyperlinks

The Website may contain hyperlinks to other websites owned and operated by third parties (Linked Sites).

The Linked Sites are not under the control of the Website Operator and the Website Operator is not responsible for, nor does it necessarily sponsor, endorse or approve of any information or any hyperlink contained on Linked Sites. Any linking to Linked Sites is at your own risk.

The Website Operator makes no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, merchantability or fitness for purpose of any or all of the information on the Linked Sites.

Certain areas of this website may display third party advertising.  Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products and services.

Certain areas of this website may provide the ability to contact third parties.  If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

The Website Operator is not a party to any transaction between you and the owners or operators of the Linked Sites. Your use of and access to a Linked Site is subject to the terms of use of that site in addition to the Terms of Use of this Website.

If there is any inconsistency between the Website Operator’s Terms of Use and the terms of use of any Linked Site, the Website Operator’s Terms of Use will prevail to the extent of the inconsistency.

12. Guarantees

The limitations provided on our guarantees (if any) are subject to the following:

(a)     We will do our best to comply with our guarantees, but they are subject to reasonableness at our absolute discretion, and as such we may not be able to comply with them.

(b)     Us being provided with reasonable access by you and or others required to provide access to us.

(c)      Materials and services being provided to us on time (whether by you or a third party supplier).

(d)     Our liability is limited to the amount that you have paid for a service and is subject to any
contractual arrangements made in relation to that service.

13. Termination

The Terms of Use continue to operate until terminated by the Website Operator. The Website Operator may terminate the Terms of Use and your access to the Website at any time and without notice. Upon termination, you are no longer authorised to access the Website.

14. General

To the extent permitted by law, the Terms of Use embodies the entire understanding and agreement between you and the Website Operator with respect to the Terms of Use.

If any part of the Terms of Use is deemed to be illegal, void or unenforceable, that part of the agreement will be severed to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.

© Cassin & Sons
(Aust) Pty Ltd 2015


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