Section 1 – Overview

  1. This website is operated by O’Brien Built Pty Ltd. ABN: 23 615 459 393 (“O’Brien Built” or “O’Brien Built Frames and trusses”).
  2. Access to this website is conditional upon your acceptance of these Terms of Use.
  3. By accessing this website, purchasing or dealing with O’Brien Built, you accept without limitation or qualification the Terms of Use and the terms of O’Brien Built’s Privacy Policy.
  4. In the Terms of Use, you are referred to as the “Customer”.
  5. Any new feature or tool added to the website shall also be subject to these Terms of Use.

Section 2 – General Conditions

  1. By agreeing to the Terms of Use the customer represents that they are at least the age of majority in their state / province of residence.
  2. The customer must not use our products or services for any illegal or unauthorised purpose, nor may they in the use violate any laws in their jurisdiction (including copyright laws)
  3. The customer must not transmit any worms, viruses or any code of a destructive nature on or via the website.
  4. O’Brien Built reserves the right to refuse service or terminate service for any reason at any time.
  5. The headings used in this agreement are for convenience only and do not limit or affect the terms.

Section 3 – Alterations of Terms of Use

  1. O’Brien Built reserves the right to change the Terms of Use, conditions, access and notices under which the website is offered, without notification to customers and without justification for such changes.
  2. Continued use of or access to the website following alterations to the Terms of Use constitutes acceptance by the customer of those changes.

Section 4 – Use of Materials on Website

  1. The customer may view the website and electronically copy and or print hard copies of the content solely for personal, non-commercial purposes.
  2. Any other use of the website and its content (including reproduction, modification, distribution, transmission, republishing and display) is strictly prohibited.
  3. The customer may not modify or copy the layout of the website or its features, nor modify the software or code contained within the website.
  4. The content of the website is strictly for personal use, it may not be resold or republished in any commercial form. The content must not be stored on any storage media nor transmitted in any media without prior written consent by O’Brien Built.

Section 5 – Links to other Websites and Applications

  1. The Website may contain links to sites or applications on the internet that are owned and operated by third parties and which are not under the control of O’Brien Built.
  2. Any links are provided as a convenience to you and the existence of a link to other sites does not imply an endorsement by O’Brien Built of the linked site.
  3. O’Brien Built is not responsible for any of the material or outbound links contained on those linked sites.

Section 6 – Accuracy of Content

  1. O’Brien Built is not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting other primary sources of information. Any reliance on the material on this website is at the customer’s own risk.
  2. O’Brien Built reserves the right to modify the contents of this website at any time, but O’Brien Built has no obligation to update any information on the website. The custom agrees that it is their responsibility to monitor changes of the website.

Section 7 – Products and Services

  1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  2. O’Brien Built has made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
  3. O’Brien Built reserves the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. O’Brien Built reserve the right to limit the quantities of any products or services that we offer.
  4. O’Brien Built reserves the right to limit or prohibit orders that appear to be placed by third-party dealers, re-sellers, or any unauthorised distributors.
  5. O’Brien Built does warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet their expectations, or that any errors in the Service will be corrected.

Section 8 – Services and Price Modifications

  1. All prices and/or promotions listed on the website are subject to change without prior notice.
  2. O’Brien Built reserves the right to modify or discontinue any service (or part of) without prior notice.
  3. O’Brien Built will not be liable to any Customer or third-party for any modifications or price changes, suspensions and/or discontinuance of service.

Section 9 – User accounts

  1. By signing up for a user account, you acknowledge that you have read this Terms of Use and any other relevant agreements and policies, deemed to be so relevant by O’Brien Built, at its absolute discretion.
  2. Subject to any outstanding payments being made, you may, at any time, cancel your account with O’Brien Built by emailing contact@obrienbuilt.com.au.
  3. O’Brien Built may restrict or cancel your user account at any time, for any reason whatsoever, including, but not limited to, a breach of the terms within this Terms of Use.

Section 10 – Intellectual Property

  1. O’Brien Built reserves all intellectual property rights including, but not limited to, copyright in material and/or services provided by it.
  2. The copyright in the Website and its content, including, but not limited to, design templates, is owned by O’Brien Built, its affiliates or by third parties who have licensed the materials to O’Brien Built or its affiliates.
  3. All trademarks mentioned on the Website belong to their respective owners.
  4. The Customer agrees that the benefit received by the Customer from the Sale content is:
    1. For personal use or the use of their respective business; and
    2. Not to be commercially sold, sub-licensed, or otherwise commercially exploited.

Section 11 – User Comments and Submissions

  1. O’Brien Built takes no legal responsibility for any comment or materials posted by Customers or by any other unauthorised parties on the website.
  2. The Customer agrees that in relation to all comments and submissions on the website O’Brien Built may, without restriction copy, publish, distribute or otherwise use any such comment or media.
  3. O’Brien Built will be under no obligation to maintain such comments in confidence nor pay any customer for their comment or submission. O’Brien Built will not be required to respond in any manner.
  4. O’Brien Built may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  5. The Customer agrees that any comment will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Customer further agree that any comment will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website

Section 12 – Personal Information

  1. The Customers submission of personal information through the website is governed by O’Brien Built’s Privacy Policy.

Section 13 – Errors and Omissions

  1. Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. O’Brien Built reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  2. O’Brien Built undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 – Refunds

  1. We do not provide refunds for change of mind.

Section 15 – Limitation of Liability

  1. O’Brien Built is making the Website available for others to publish information without assuming a duty of care to users.
  2. To the fullest extent permitted by law, O’Brien Built disclaims any and all warranties, express or implied, regarding: the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
  3. O’Brien Built will not be liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
    1. acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
    2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
  4. O’Brien Built will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which is the consequence of you using or accessing or any inability to use or access the O’Brien Built Website.

Section 16 – Indemnification

  1. The Customer agrees to indemnify O’Brien Built (and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees), from any claim or demand, including reasonable attorneys’ fees, made by third-party due to or arising out of your breach of these Terms of Use or the documents or policies they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 17 – Enforcement

  1. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
  2. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
  3. These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between O’Brien Built and the Customer and govern the Customers use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us (including, but not limited to, any prior versions of the Terms of Use and Privacy Policy.
  4. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Section 18 – Jurisdiction

  1. If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
  2. The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia.
  3. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms of Use.

Section 19 – Customer Service

Questions about the Terms of Use should be sent to O’Brien Built at contact@obrienbuilt.com.au.