Welcome to the uPVC Window Solutions website (the website). The website is owned and operated by uPVC Window Solutions Limited ABN 80 604 388 105, 1/218 Wisemans Ferry Road, Somersby 2250 NSW, Australia, on behalf of itself and its related bodies corporate.
uPVC Window Solutions is a trading name and registered trade mark of UPVC Window Solutions Limited. Any reference to UPVC Window Solutions (also to we, us and our) in these Terms and Conditions of Use is a reference to UPVC Window Solutions and its related bodies corporate.
uPVC Window Solutions has provided the information contained on this website on the basis that we give the information in good faith. None of uPVC Window Solutions, its affiliates and any of their respective directors, officers, employees or agents makes any representation or warranty as to the accuracy, completeness, currency, suitability or reliability of the information contained on the website (including in relation to any goods or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on the website or your reliance on such information.
You should not rely on the information on this site or any linked site without making your own independent assessment of the information. You should consult your own advisers to verify its accuracy. Information on this site is intended to be an aid for all trades and professionals involved with specifying and installing uPVC Window Solutions products and not to be a substitute for professional judgement.
You acknowledge that the inclusion of links from this site is not intended as an endorsement or recommendation. If you create a link to this website or access content through a link, you do so at your own risk. We have not consented to any conduct with a linked site which may be unlawful or an infringement of a third party’s rights.
To determine warranty eligibility please see contact uPVC Window Solutions.
In no event shall uPVC Window Solutions, its related bodies corporate and any of their respective directors, officers, employees or agents be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including but not limited to, loss of use, data, or profits, arising out of or in connection with:
the use or access or any liability to use or access the website or its contents;
goods or services supplied by uPVC Window Solutions under the Terms and Conditions of Use; or a failure or omission on the part of uPVC Window Solutions to comply with its obligations under these Terms and Conditions of Use.
uPVC Window Solutions is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or any linked website. You must take your own precautions to ensure that whatever you select for your use from the website or any linked website is free of viruses or any other thing that may interfere with or damage the operations of your computer systems.
To the fullest extent permitted by law, UPVC Window Solutions’s total liability to you (if any) for breach of any implied warranties or conditions which by law cannot be excluded shall be limited, at our election, to:
in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost
of doing this; or
in the case of goods supplied or offered by us - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.
We are not liable for loss of any kind (whether direct or consequential) arising from the information at this site, or a linked site, being inaccurate, incomplete or misleading, and are not responsible for any interpretation, opinion or conclusion you form from the information. To the fullest extent permitted by law, all warranties (including warranties as to merchantability, infringement of intellectual property or fitness for a particular purpose) and conditions are excluded.
You must not carry on any activity which might involve us in liability, or any activity which uses intellectual property owned by, or licensed to, us, without our written permission.
Permission is only granted to you to display, copy, distribute, download, and print in hard copy portions of the website for the purposes of:
placing an order whether on-line or off-line with uPVC Window Solutions; or
using the website as an information source for your own purposes.
You must not, without our prior written permission, exploit the website or any of its Contents for any other purpose or by any other means.
You must not, without our prior written permission and the permission of any other owner of rights in content on the website, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose. You must not copy or reproduce in any way the content or any aspect of this website (including the layout, colours, designs, trade marks, logos, photographs, diagrams or any other copyright work or any other intellectual property used on the Web Site) without our prior written consent.
You must not up-load, post, transmit or otherwise make available through the website any material which:
violates or infringes the rights of others (including their privacy and publicity rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
restricts or inhibits any other user from using or enjoying the website;
affects the functionality or operation of the website or its servers or the functionality or operation of any users? computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require uPVC Window Solutions to take remedial action under any applicable industry code.
You agree to fully indemnify and hold uPVC Window Solutions Limited and its related body corporate harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by you of these Terms and Conditions of Use.
The website may contain links to websites operated by third parties. These linked websites are not under the control of uPVC Window Solutions and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. Links are provided to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked website by UPVC Window Solutions. Following links to such websites is done so entirely at your own risk. uPVC Window Solutions accepts no liability for any loss incurred by you directly or indirectly as a result of your reliance on information on any linked website and accepts no liability and disclaims all warranties, express or implied, regarding the purchase or use of goods or services on any linked websites.
Linking to the website will only be permitted with the prior written consent of uPVC Window Solutions. Any links if allowed, must link directly to the website’s homepage and none of the other pages within the website unless otherwise agreed by us in writing.
To request permission to link to this site, please email: [email protected]
uPVC Window Solutions reserves the right to alter product specifications without notice.
Publishing information about a product on the website does not mean that the product is necessarily available for sale or in stock.
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of Victoria , Australia. You and uPVC Window Solutions agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
If any part of these Terms and Conditions of Use are or become illegal, invalid or unenforceable in any relevant jurisdiction, that or those provisions will be: (a) interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and (b) if necessary to maintain the effectiveness of these Terms and Conditions of Use, be severed for the purposes of that jurisdiction, with the remaining provisions remaining in full force and effect.
Our failure to exercise or enforce any one or more of its rights under these Terms and Conditions of Use will not constitute a waiver of such rights unless such waiver is granted by uPVC Window Solutions in writing.
uPVC Window Solutions may amend, update or change the website including these Terms and Conditions of Use. Revised terms will be posted on the website and will be effective immediately unless otherwise stated. By continuing to use the website after any amendment becomes effective you agree to be bound by the Terms and Conditions of Use as amended. You should periodically visit this page to determine the current Terms and Conditions of Use to which you are bound.
The Terms and Conditions of Use are effective until terminated by uPVC Window Solutions. UPVC Window Solutions may terminate these Terms and Conditions of Use and your access to the website at any time without notice. In the event of termination, all restrictions imposed upon you and all disclaimers and limitations of liability set out in the Terms and Conditions of Use shall remain effective despite termination
Except where otherwise stated, all registered trade marks used on the site are used with the permission of uPVC Window Solutions ABN 80 604 388 105.
You must not use any trademarks without the prior, specific, written permission of its owner whether uPVC Window Solutions Limited, uPVC Window Solutions Pty Ltd or a third party.
All material on the website is protected by copyright under the laws of Australia and, through international treaties, in other countries.
Unless otherwise indicated, all rights (including copyright and moral rights) in the content, layout and compilation of the website pages and on-line images including text, graphics, logos, button icons, video images, audio clips and software(including all object source and machine readable code), including navigational software (collectively referred to as the Contents) are owned or controlled for these purposes, and are reserved, by uPVC Window Solutions and/or licensors.
You must not copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way, the website or its contents except as expressly provided in the Terms and Conditions of Use.
All copyright resides in us. No part of the copyright material may be reproduced, re-used, re-transmitted, adapted, published, broadcast or distributed for any purposes whatsoever without our prior written permission.
All statutory or implied conditions and warranties are excluded to the fullest extent permitted by law. Except to the extent to which liability may not lawfully be excluded or limited, uPVC Window Solutions will not be under or incur any liability to you for any direct or indirect loss or damage (including, without limitation, consequential loss or damage, such as loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including, without limitation, breach of contract, negligence and/or breach of statute), which you may suffer or incur in connection with the software or this licence.
To the fullest extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited, at the option of uPVC Window Solutions, to:
in the case of goods:
the replacement or repair of the goods or the supply of equivalent goods; or
the payment of the cost of replacing or repairing the goods or of supplying equivalent goods; and
in the case of services:
supplying the services again; or
paying the cost of having the services supplied again.
This licence will terminate automatically if you breach any of the terms or conditions of the licence or you destroy the software program for any reason. On termination, you must immediately destroy all copies of the licensed software. Termination does not affect any of uPVC Window Solutions’s other rights.
You acknowledge that in entering into this licence you have not relied on any representation by uPVC Window Solutions or any person purporting to represent uPVC Window Solutions.