Barnacle Bill Australia ACN 647 220 942 is the owner and operator of the website at www.barnaclebill.com.au (Website).

1. Acceptance of these Terms of Use

These Terms govern the use of this Website.

Barnacle Bill may vary the Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website.

By accessing and using the Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your acceptance of the Terms.

2. Privacy

Any personal information you provide to us using the Website will be handled by Barnacle Bill in accordance with our Privacy Policy.

All other information (including suggestions, ideas, concepts, data, know-how) you send to Barnacle Bill using the Website, is the property of Barnacle Bill once received. Barnacle Bill may use that information for any purpose, including development of products and services, marketing and promotional activities.

3. Security of information

No data transmitted over the Internet is secure, and Barnacle Bill does not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.

4. Intellectual property

Barnacle Bill owns or is licensed to use all intellectual property rights in the Website (including in all underlying source code) and in the content of the Website (including all text, trade marks, logos, images and graphics). Users of the Website do not obtain any licence or other interest in that intellectual property. Nothing in these Terms or on the Website should be construed as providing such consent.

You may view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way.

You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form without prior written permission from Barnacle Bill (unless otherwise permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location). You must not frame any of the content of the Website or incorporate it into another Website.

5. Third party content and links

This Website may include links to third party websites. Such links do not indicate a relationship between those third parties and Barnacle Bill, nor endorsement by Barnacle Bill of such third parties, their products, services or websites. Use of such links is entirely at your own risk and subject to any terms and conditions specified on those third party websites.

6. No warranty

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Website, including (without limitation):

• Barnacle Bill does not warrant the accuracy, completeness or reliability of the Website content. The Website content is provided on an ‘as is’ basis. You are responsible for assessing the accuracy and completeness of that content and your rely on any such content at your own risk;
• Barnacle Bill will have no liability in relation to any loss or damage that you incur arising from your use of the Website or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Website or transmissions by any user in contravention of these Terms); and
• Barnacle Bill does not warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.

If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:

• in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
• in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

7. Your indemnity

You indemnify Barnacle Bill and its related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Website or any breach of these Terms by you.

8. General

You must not use the Website for any unlawful purpose.

You warrant that all communications and information provided by you using this Website are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights. You further warrant that Barnacle Bill’s use of that information in accordance with these Terms will not infringe the rights of any third party.

You must not (and must not attempt to) interfere with the working of the Website or otherwise breach or circumvent any security or authentication measures of the Website or any other system, network or server connected to the Website.

Barnacle Bill may terminate your access to the Website at any time without notice.

If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.

These Terms are governed by the laws in force in South Australia, Australia. You agree to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.

If you have any questions or comments regarding the Website, these Terms or our products please contact us at [email protected]