Terms of use

Thank you for visiting our website, https://waratahindependentliving.com.au (website).  

In these Terms of Use (Terms), ‘us’, we’ and ‘our’ means Waratah Independent Living Pty Ltd (ABN 12 621 879 409) and ‘you’ refers to you being the user of the website.

By accessing and/or using this website, you warrant and represent that you are at least 18 years old and have legal capacity to enter into legally binding agreements and we act in reliance on that warranty and representation.  By accessing and/or using this website, you further agree to be legally bound by these Terms of Use (Terms).  

You must review these Terms carefully and immediately cease using this website if you do not agree to these Terms. 

We reserve the right to amend these terms and conditions from time to time.  Amendments will be effective immediately upon publication on the website.  Your continued use of the website following this publication will represent an agreement by you to be bound by the terms and conditions of the Terms as amended.   

1. Accuracy, completeness and timeliness of information

The information on this website is not comprehensive and is intended to provide a summary of the subject matter covered.  While we use all reasonable attempts to ensure the accuracy and completeness of the information on this website, we make no warranty regarding the information on this website.  You should monitor any changes to the information contained on this website.

We may, from time to time and without notice, change or add to this website (including the Terms) or the information or services described in it.  However, we do not undertake to keep this website updated and we are not liable to you or anyone else if errors occur in the information on this website or if that information is inaccurate, not up-to-date, or incomplete.

2. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply.  If you want to participate in such a campaign, promotion or contest, you will be required to agree to the relevant terms and conditions applicable to that campaign, promotion or contest.  In case of any inconsistency between such terms and conditions and these Terms, those additional terms and conditions will prevail.

3. Linked sites

This website may contain links to websites and/or websites operated by third parties.  Those links are provided for convenience and may not remain current or be maintained.  Unless expressly stated otherwise, we do not endorse and are not responsible for or have any control over or rights in the content on those linked websites and have no control over or rights in those linked websites. We hereby disclaim all liability regarding any such products, services or websites.

4. Intellectual property rights

In these Terms:

    • Intellectual Property: includes but is not limited to copyright, trade marks, patents, processes, know-how, designs and other like rights whether recorded in writing or otherwise in the website including the Content.  
    • Content means all material (including all text, graphics, logos, audio and software) made available on the website.

You acknowledge and agree that:

    • unless expressly stated on the website, we own all rights, title and interest in the Intellectual Property;
    • your use of this website does not grant or transfer any rights, title or interest in this Intellectual Property to you;
    • you must not copy, reproduce, alter, modify, create derivative works, or publicly display the Intellectual Property except with our prior written permission;
    • all other use, reproduction or redistribution of the whole or any part of the Intellectual Property is prohibited to the maximum extent permitted by law, and your infringement on our Intellectual Property rights may result in you incurring civil and criminal penalties.

This clause 4 survives termination or expiry of these Terms.

5. No commercial use

This website is for your personal, non-commercial use only.  You must not use this website to further any commercial purpose in any circumstance.  For the avoidance of doubt and without limiting any of the Terms, you must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website.

6. Use

By using this website, you warrant and represent that you will not:

    • use this website in a way that breaches the Terms;
    • use this website for unlawful or dangerous activities or purposes;
    • use this website in a way that infringes the rights of us or third parties;
    • interfere with anyone else’s use of this website, including by sending spam;
    • copy, scrape or reproduce content from this website including information about third parties without their consent;
    • use any means of automatically searching or mining data from this website or in any way interfere or attempt to interfere with the proper operation of this website; or
    • take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with this website, our systems or data or those of any third party via this website.

In circumstances where you act in breach of any of the above warranties and representations, we reserve the right to take any appropriate steps at law to protect our interests or the interests of third parties.

7. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to this website, including but not limited to:

    • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
    • using this website to defame or libel us, our employees, contractors, agents or other individuals;
    • uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
    • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to this website, we have the right to take down this information at our sole discretion and without notice.

8. Access

We reserve the right to restrict, suspend or terminate without notice your access to any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

9. Warranty, liability and indemnity

9.1 Warranties

To the maximum extent permitted by law, we make no warranties or representations about this website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.  However, nothing in these Terms including this clause purports to modify or exclude the conditions, warranties, and other legal rights under the Competition and Consumer Act 2010 (Cth) and Competition and Consumer Regulation 2010 (Cth) (Australian Consumer Law).

9.2 Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, cost, damage or liability – irrespective of the manner in which it occurs – which may be suffered due to your use of this website or as a result of the inaccessibility of this website and/or the fact that certain information or materials including the Content contained on it are incorrect, incomplete or not up-to-date.  By using this website, you agree to irrevocably release us from any such claims.

For the avoidance of doubt and without limiting these Terms, we specifically exclude all liability to you or anyone else for any loss or damage caused by interference with or damage to your computer systems in connection with the use of this website, or a linked website.  You must take your own precautions to ensure that your device remains free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your devices.

9.3 Indemnity

You agree to indemnify and hold us harmless from and against any actions, claims, demands, proceedings, losses of every kind and claims made by third parties, due to or arising out of:

    • your use or inability to use this website in any way;
    • any act or omission by you or a person acting on your behalf, including acts and omissions that amount to a breach of these Terms.

Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.  Our rights under this clause are in addition to any other rights available under these Terms or at law.  It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause. 

The indemnities in this clause are continuing obligations on your, independent from your other obligations under these Terms, and are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

9.4 Survival

This clause 9 survives termination or expiry of these Terms.

10. Disclaimer

Your use or reliance on anything on this website including the Content is at your own risk.  You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by your use of this website including the Content.

This website including the Content is for general information only.  It does not take into account your particular circumstances and it is not intended to be comprehensive.

We cannot (and do not) make any warranty or guarantee that:

    • any content will be complete, accurate, up-to-date, or suitable for your purposes; and/or,
    • that this website or any Content will be error-free, virus free or functional at all or any given time.

We expressly exclude any liability for any loss or damage arising from use of this website and any Content, to the fullest extent permitted by law.

This website including the Content does not constitute medical or any other form of professional advice and should not be used as a substitute for professional advice. 

11. Feedback and complaints

We welcome any feedback our customers have regarding this website and how we can improve your user experience.  In the event of any bug or software issues, general feedback and/or complaints, please contact [email protected].

12. General provisions

12.1 Jurisdiction and governing law

These Terms are governed by the laws of New South Wales, and you submit to the jurisdiction of the courts exercising jurisdiction in New South Wales.

12.2 No waiver

No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.  Words or conduct referred to in this clause include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.

12.3 Assignment, novation and other dealings  

We may assign or novate any rights that arise out of or under these Terms without your consent and without notice to you.  Any rights of yours that arise out of or under these Terms are not assignable or capable of novation by you without our prior written consent which we can withhold at our absolute discretion.

12.4 Severability

If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.  This clause does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms.

12.5 No merger

On completion or termination of these Terms, the rights and obligations of the parties set out in these Terms will not merge and any provision that has not been fulfilled remains in force.

12.6 Further action

Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms and the transactions contemplated by these Terms.

12.7 Remedies cumulative  

Except as provided in these Terms and permitted by law, the rights, powers and remedies provided in these Terms are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms.

12.8 Entire agreement 

These Terms state all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.

12.9 No reliance  

No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms.

12.10 Interpretation

In these Terms, unless inconsistent with the context or subject matter:

    • a reference to a person includes any other legal entity and vice versa;
    • words importing the singular number include the plural number and vice versa;
    • a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
    • headings are for reference purposes only and must not be used in interpretation;
    • where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
    • a reference to a statute includes all regulations and subordinate legislation and amendments;
    • references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
    • an obligation of two or more parties binds them jointly and each of them severally; and
    • an obligation incurred in favour of two or more parties is enforceable by them severally.


Current as at: 28/04/2021