Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this web site, you explicitly agree to comply with and be bound by the following terms and conditions, which Refurber may change at any time. Please review these terms and conditions periodically for changes.

General

This site (the "Site") is owned and operated by Refurber.com Pty Ltd. ("Refurber") for your personal entertainment, information, education, and communication. Your use of this Site, and all information, products and services on this Site (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand that Refurber may modify, alter, or otherwise update these Terms from time to time without giving you any notice. Any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

Privacy

Any information that we may collect from you during your use of the Site or otherwise is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here

The site does not provide professional building advice.

The contents of the Refurber Site, such as text, graphics, images, information obtained from Refurber's licensors, and other material contained on the Refurber Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional building advice. Always seek the advice of your builder, architect, other qualified construction advisor with any questions you may have regarding building actvities. Never disregard professional building advice or delay in seeking it because of something you have read on the Refurber Site!

Refurber does not recommend or endorse any specific tests, builders, architects, tradespersons, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Refurber, Refurber employees, others appearing on the Site at the invitation of Refurber, or other visitors to the Site is solely at your own risk.

The site does not provide medical advice.

The contents of the Refurber Site, such as text, graphics, images, information obtained from Refurber's licensors, and other material contained on the Refurber Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Refurber Site!

If you think you may have a medical emergency, call your doctor or 911 (if in the US) immediately. Refurber does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Refurber, Refurber employees, others appearing on the Site at the invitation of Refurber, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Protecting Children.

Because the safety of children is very important to us, Refurber complies with the Children's Online Privacy Protection Act. To ensure that we do not collect personally identifying information from children under the age of 13, Refurber does not allow persons under the age of 13 to become members.

Your Postings to this Site.

The Refurber site is dedicated to allowing members involved in building, renovations or refurbishment to write an article providing advice on a new or a given topic, or to respond to such topics. If you post anything, you guarantee to us that:

You have legal rights to post your material and it will not violate any law or the rights of any person; and
All information and materials of any kind, including graphics, text, or otherwise posted by someone on the Refurber Site ("Member Content") are subject to the following terms:

By posting Member Content you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use the Member Content as described in these Terms; and to use, distribute, display, and create derivative works from this Member Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you;
You understand that we are not responsible for the truth, completeness, objectivity, or usefulness of any Member Content, nor do we endorse any Member Content;
We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read; and
We do not screen, monitor, edit, or review Member Content. We do have the right to monitor or remove any Member Content at any time and without notice if we believe it will improve our Site. We can also suspend or terminate use of the Services by anyone who does not follow these Terms.

You should also be aware that any message posted to our Site will become public and any personal information you post in an article will be accessible to any visitors to the Refurber Site.

Usage of Web Space Storage:

Refurber provides members with free web space for their building and construction advice. Free Web Space, as defined by Refurber, is comprised of hypertext mark-up language (html) and associated files, intended solely for the visual presentation of BUILDING AND CONSTRUCTION RELATED CONTENT on the members' advice pages. The spirit of free web space is specifically not intended as a storage facility for members' personal digital files. Using it as such is a violation of this Terms of Service Agreement. Also please note that pictures are only saved for the purposes of display on Refurber not for storage or other purposes. Members cannot assume that Refurber will preserve the quality or resolution of any picture uploaded to Refurber.

Conduct of Members and Visitors.

We believe that all members and visitors benefit from basic rules regarding conduct while using the Services. Accordingly, we ask you-and you agree-to follow the following basic rules of conduct when using the Site:

You will follow these Terms and all applicable laws;
You will not harass, threaten, or abuse other people when using the Site in any manner;
You will not post or otherwise make available any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is harmful, vulgar, or distasteful; or is defamatory, libellous, or invades another person's privacy or proprietary rights;
You will not harvest any screen names or email addresses for any commercial use;
You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user;
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Refurber; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
You will not use the Services to harm children or minors in any way, or encourage inappropriate interactions with children or minors of any kind;
You will not manipulate the Services so as to hide your identity or participation in the Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifiers);
You will not post any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning of any software, hardware, or equipment or materials used in connection with the Services;
You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services;
You will not post or otherwise make available any Member Content you do not have the lawful right to post or to make available; and
You will not violate any international or US federal or state law.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.

Indemnity.

You understand that you are personally responsible for your behaviour while on the Site and agree to indemnify and hold Refurber and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms or the rights of any third party.

Ownership and copyright

Except as otherwise indicated, this web site, and all text, images, marks, logos and other content contained herein ("Site Content") is © 2007, Refurber.com Pty Ltd, all rights reserved. Refurber, the logo and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of Refurber.com Pty Ltd and/or various third parties. Nothing contained on this site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the prior written permission of Refurber or such other party that may own the Trademarks.

Use of this web site

Refurber authorizes you to view, download and print Site Content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "(c) 2007, Refurber. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Refurber; (v) you may not reproduce, prepare derivative works from, distribute or display Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Refurber. To request permission, you may contact Refurber as using the Refurber Contact Us page:

You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Refurber against any liability to any person arising out of your use of Site Content not in accordance with these terms and conditions.

Warranty disclaimer and limitation of liability

Refurber makes no representation of any kind regarding the suitability of the site content, or any portion thereof, for any purpose. All site content is provided "as is" and Refurber expressly disclaims any and all warranties of merchantability or fitness for particular use, including all implied warranties. Refurber also expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site content. You waive and covenant not to assert any claims or allegations of any nature whatsoever arising from or relating to your use of the web site, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of site content, or allegations that Refurber has or should indemnify, defend or hold you harmless from any claim or allegation arising from your use or other exploitation of the site. You use the Refurber site at your own risk and neither Refurber nor the parties who provide information and material for publication within the site content shall not be liable for any damages of any sort arising from your use of the site. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Links to other sites

The Refurber site contains links to third-party web sites. The linked sites are not under the control of Refurber, and Refurber is not responsible for the contents of any linked site. Refurber provides these links as a convenience, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site by Refurber. Linked sites are owned and operated by independent retailers or service providers, and therefore, Refurber cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Use of chat rooms, bulletin boards and other communications forums

The Refurber web site may contain and allow its users to post articles on building and construction advice, as well as general postings of messages in chat rooms, bulletin boards or other forums. If Refurber provides such services, you expressly agree to use such services only to send messages and material that are appropriate and that are related to the topic of the particular forum. Refurber does not edit or control the information or materials posted to or distributed through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such information or materials and claims no proprietary rights of any kind arising from the posting or distribution of information or material in such forums. Refurber nevertheless reserves the right for any reason in its sole discretion to remove without notice any contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon any proprietary rights you may have in such information or material, and such information or material may be freely used, copied and distributed, in any medium and in any form, by Refurber without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless Refurber from any claim arising out of or relating to your violation of this provision.

Digital Millennium Copyright Act compliance

Refurber complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you have any complaints or objections to material posted on this site, or if you believe that material posted on this site infringes a copyright that you hold, you may contact Refurber through the Refurber Contact Us page.

Applicable law and jurisdiction

The Refurber web site (excluding links to third-party sites) is controlled by Refurber, and operated by Refurber from its offices in and around Nedlands, Western Australia, Australia. While Refurber has made no effort to publish the Refurber site elsewhere, because this site is published on the World Wide Web it is accessible in all States and Territories in Australia, all 50 states of the United States and in other countries. Each of these places has laws that may differ from those of Western Australia and from each other. You and Refurber both benefit from establishing a predictable legal environment in which to publish, access and use this site. Therefore, by publishing, accessing and/or using the Refurber web site, you and Refurber explicitly agree that all disputes, claims or other matters arising from or relating to your use of this site will be governed by the laws of the Commonwealth of Australia, without regard to its conflicts of law principles. You agree that all claims you may have against Refurber arising from or relating to the operation or use of this web site will be heard and resolved in a court of competent subject matter jurisdiction located in Western Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access this web site from locations other than Western Australia, you will be responsible for compliance with all local laws of such other jurisdiction.

Modifications

Refurber may change, add or delete these Terms and Conditions of Use or any portion thereof from time to time in its sole discretion. You expressly agree to be bound by any such amended Terms and Conditions of Use.

Refurber may change, suspend or discontinue any aspect of the Refurber service at any time, including availability of any feature, database or content. Refurber may also impose limits on certain features and services or restrict your access to all or parts of the Refurber web site without notice or liability.

Access Restrictions; Termination.

We can terminate your access to the Site or the Services at any time, immediately and without notice if, in Refurber's sole discretion, you fail to comply with any of the Terms. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the Terms or otherwise. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to any materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in the Terms shall survive. We may also remove any Member Content that you post without cause and without notice to you.

We can also change these Terms at any time, without notice, and your continued use of the Services after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

Your continued use of Refurber now, or following the posting of any such notice of any changes will indicate acceptance by you of such modifications.