TERMS AND CONDITIONS

Welcome to Our Website, please take the time to read these terms and conditions.  This Website is owned and operated by:

Encore Living Pty Ltd ABN:27 417 862 601.

Use of this Website is subject to the Terms of Use.

By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, You acknowledge and warrant that You have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to You from time to time.  The Terms of Use form a legally binding agreement between Encore Living Pty Ltd and You.  If You do not agree to the Terms of Use, You must immediately exit and not access or use the Website.

 

Definitions

Website Material means any information, content or materials that are located on, form part of or are available through or in connection with the Website

Terms of Use means the following Terms & Conditions, the Privacy Policy and any additional terms and conditions and notices displayed by us on this Website from time to time.

Website means the website www.encoreliving.com.au

We / Us / Our etc. means Encore Living Pty Ltd ABN: 27 417 862 601 and any subsidiaries, affiliates, employees, officers, agents or assigns.

“You / Your / Yourself” means the person accessing or using this Website or the Website Material provided through or in connection with this Website.

Website Material

We have taken proper care and precautions to ensure that the information We provide on this Website is accurate.  However, We cannot guarantee, nor do We accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for Your use on Your acceptance and compliance with these terms and conditions.  By using this Website, You are agreeing to these terms and conditions.

You agree that You will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that You will not use, nor will You allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Website Material.

If You contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Website Material offered, then We may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Website Material or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of every kind and nature incurred by You or any third parties through You.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Website Material. You must not use or replicate our copyright material other than as permitted by law.  Specifically, You must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case We may require You to sign a Licence Agreement.

If You wish to use content, images or other of our intellectual property, You should submit your request to us at info@encoreliving.com.au

Trademarks

The trademarks and logos contained on this Website are trademarks of Encore Living Pty Ltd.  Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct You outside of this Website.  These links are provided for Your convenience and are not an express or implied indication that We endorse or approve of the linked Website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to Your use of these sites.

You may link to our articles or home page.  However, You should not provide a link which suggests any association, approval or endorsement on Our part in respect to Your website, unless We have expressly agreed in writing.  We may withdraw our consent to You linking to our Website at any time by notice to You.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Website material.  Statements made are by way of general comment only and You should satisfy yourself as to their accuracy.  Further, all of Our Website Material are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or Our Website material. In particular, while care has been taken in creating this Website, We do not warrant or represent that:

  • the Website Material is accurate, complete, up to date or suitable for any purpose;
  • the Website itself is free from any computer viruses or other defects; or
  • Your access to this Website will be continuous or uninterrupted.

Some of the Website Material may be in its early concept stages (e.g. preliminary concept designs and enhancements).

Your use of this Website is entirely at Your own risk. You are responsible for making Your own assessment of the information available on or through the Website, and You should make Your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on the Website.

Information Collection

Use of information You have provided us with, or that we have collected and retained relating to Your use of the Website and/or our Website Material, is governed by Our Privacy Policy.  By using this Website and the Website Material associated with this Website, You are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from You and how We use that information, click here.

Confidentiality

All personal information You give us will be dealt with in a confidential manner in accordance with Our Privacy Policy.  However, due to circumstances outside of Our control, We cannot guarantee that all aspects of Your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.


Prohibited activities

When using this Website, You must not:

  • infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
  • reproduce any Website content without Our express written permission, which We may grant or withhold at our absolute discretion;
  • seek reimbursement from any other party for access to the Website or on-sell any information obtained from the Website;
  • engage in any conduct which is likely to mislead or deceive Us or any other person, impersonate any other person while using the Website, conduct Yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
  • submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
  • interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.

Governing Law

This Website may be accessed throughout Australia and overseas. Encore Living Pty Ltd makes no representation that the content provided by this Website complies with the laws (including intellectual property laws) of any state or country outside Victoria, Australia. If You access the Website from outside Victoria, You do so at Your own risk and are responsible for ensuring that Your access to this Website is not illegal or prohibited by laws which apply to You. We retain the right to bring proceedings against You for breach of these Terms and Conditions, in Your country of residence or any other appropriate country or jurisdiction.

Security

We use Our reasonable endeavors to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take Your own precautions to ensure that the process which You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system. We do not accept responsibility for any interference or damage to Your own computer system which arises in connection with Your use of the website or any linked website.

Contacting Us

If You have any questions about Our Terms of Use or any queries or concerns about this Website, please email Us at info@encoreliving.com.au. Alternatively, You can call Us on 1800 362 673 or contact Us by post at PO Box 8258 Carrum Downs 3201

Changes to Terms of Use

We may change the Terms of Use at any time.  If We do so, an amended version will be posted on the Website.  Your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute Your acceptance of those changes.  If You object to any changes, Your only remedy is to discontinue Your use of the Website.  You are responsible for keeping up to date with any changes by regularly reviewing these Terms of Use.