Terms and Conditions /

1. Agreement

This agreement (Agreement) is an agreement between NS Projects Pty Ltd (ACN 105 375 184) of Suite 4 Level 1, 437 Roberts Road, Subiaco WA (us) and you (you). This Agreement is to be read together with all other terms and conditions on our website including our Privacy Policy (Privacy Policy). By visiting and using this website and its features, you accept the terms and conditions of this Agreement and the Privacy Policy. If you do not wish to accept the terms and conditions of this Agreement and the Privacy Policy, do not visit or use this website.

2. Accuracy, completeness and timeliness of information

The information on our website is not necessarily comprehensive or up-to-date. We cannot and do not verify the accuracy of the user generated content.  We recommend that you independently verify all user generated content before relying on it in any way.

To the extent permitted by law, we make no warranty or representation regarding the accuracy, completeness or timeliness of information on this website (including any user generated content). You agree to release us from all loss or damage you may incur from relying on any information on our website. To the extent that we are liable under the law, you agree that any such liability will be limited to the cost of resupplying the service.

You agree to release us from all loss or damage incurred as a result of any interference with or damage to your computer systems in connection with the use of this website or a linked website. We recommend that you take your own precautions to ensure that your use of our website does not result in any infection for viruses or anything else that may monitor or interfere with or damage your computer or network.

We may vary the terms and conditions of this Agreement at any time without notice to you and without your prior consent.

3. Termination of Your access to the website

We may, on notice to you, and at our discretion, suspend or terminate your access to all or part of the website without cause. We may also remove any user generated content that we deem to be offensive, defamatory or not within the bounds of normal public decency.

You agree to release us from and against all claims arising from;

  • Your suspension or termination of access to part or all of our website;
  • The removal of user generated content.

For the avoidance of doubt, in the event of the happening of one of these events we will not be liable to issue a refund to you for any costs paid by you.

4. Linked sites

Our website may contain links to 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 the content on those linked websites and have no control over or rights in those linked websites.

5. Intellectual property rights

You warrant that you own all copyright in all user generated content that you post on the website. By posting content on our website, you grant us a worldwide, perpetual, fee free licence to use all copyright in the content for any purpose (and to assign or sublicence such rights). You agree to indemnify us and our agents, officers and employees from and against all claims for breach of copyright arising from any content that you post on our website.

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors for the sole purpose of finding information about us.

Except for the temporary copy held in the computers cache, and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without our prior written approval. Any further reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties.

6. 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 our 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 or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • 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 our website, we have the right to take down this information at our sole discretion and without notice. If a listing is terminated by us we will not issue a refund or be liable for any associated expenses or losses.

7. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, 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.  To the extent that we are liable under the law, you agree that any such liability will be limited to the cost of resupplying the service.

8. 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, damage or expense – irrespective of the manner in which it occurs. To the extent that we are liable under the law, you agree that any such liability will be limited to the cost of resupplying the service.

9. Jurisdiction and governing law

Your use of the website and the terms and conditions set out in this Agreement are governed by the law of Western Australia and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.