Site Terms and Conditions
These Terms & Conditions relate to the website www.interstateremovalist.sydney (“Kyle Bay Removals” or “the website”), the use of the website by any individual or group (the “user”, “you” and “your”), and the limitations and liabilities hereof, (the “Agreement”).
Your Terms & Conditions Agreement with Kyle Bay Removals constitutes the entire agreement between all parties with respect to the subject matter hereof.
This original version of the Agreement was written in English, which retains control as the sole language for reference and documentation.
Further, all correspondence must be conducted in English between all parties at all times, with any parties not fluent or conversant in English being responsible for the accuracy, delivery and associated costs of translation or interpreting services.
Unless it is terminated, the Agreement continues indefinitely from the commencement of the user’s experience with the website.
In the case of a breach of this Agreement or inappropriate conduct or by any user, Kyle Bay Removals may terminate the Agreement without notice.
All provisions of this Agreement which should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.
Kyle Bay Removals can update, revise, remove, add or append any part of this Agreement at any time without prior notice or any notification. The user is responsible for monitoring and complying with the Agreement at all times, and by using this website agrees to uphold this responsibility.
Kyle Bay Removals reserves the right to update, revise, remove, add or append any part of the website and its visible contents, and associated cost estimates etc, at any time without warning or notification.
You agree to indemnify Kyle Bay Removals, its contractors, licensors, and all directors, officers, employees and agents from and against any and all claims and expenses, including legal costs, arising out of your use of the Website, including but not limited to any violation of the Agreement.
Limitation of Liability
In no event will Kyle Bay Removals be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) interruption or alteration of services; or
(iv) for any amounts that exceed the fees paid by the user to Kyle Bay Removals under this Agreement during the twelve (12) month period prior to the cause of action.
Kyle Bay Removals shall have no liability for any failure or delay due to matters beyond their reasonable control.
Representation and Warranty
You represent and warrant that
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
The user agrees to use information provided by Kyle Bay Removals exclusively with, and for business between, only the user and Kyle Bay Removals, such as but not limited to quotes and cost estimates particular to Kyle Bay Removals services.
Pricing and Payment
Quotes and product/service prices are provided “as is” and can be changed at any time without prior notice or explanation, in any format electronically or otherwise.
The user agrees to pursue Kyle Bay Removals customer service dispute resolution arrangements if any payment or order fulfillment-related dispute arises.
The content and website are protected by Australian and foreign copyright laws. These belong expressly to Kyle Bay Removals or other copyright owners who have given express authorisation to use their information on the website.
Kyle Bay Removals possesses full intellectual property rights to all content, images and visual elements on the website. This information may not be used, copied, distributed, transmitted, or altered unless expressly authorised by Kyle Bay Removals.
This Agreement, any access to or use of the website will be governed by the laws of the state of New South Wales in Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sydney, Australia.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with local Arbitration Rules, by a single Arbitrator appointed in accordance with such Rules.
The arbitration shall take place in Sydney Australia, in the English language and the arbitral decision may be enforced in any court.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
While Kyle Bay Removals may assign any rights arising from the Agreement to any person or entity, the user agrees not to assign the rights arising from the Agreement to any person or entity.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.