These Terms contain important information, including disclaimers and limitations of liability.
1. Your acceptance
1.1 These are the terms on which Open Windows Software Pty Ltd ACN 605 191 375 (Open Windows) permits users (referred to as you or your) to access and use:
(a) its website (https://www.openwindows.com.au/); and
(b) the eTender Portal website (https://etender.openwindowscontracts.com/)(together, the Website),
including using the services and functionality made available through the Website, viewing Content (defined in section 6) provided by Open Windows, communicating with Open Windows, and reviewing product information.
1.2 You agree to be bound by these Terms by using, browsing or accessing any part of the Website.
1.3 Your use of the Open Windows eTender Portal is governed by an End User Licence Agreement, to which you will have agreed upon registration, set out at: https://www.openwindows.com.au/etender_eula. If these Terms and the End User Licence Agreement both apply in respect of the same subject matter, then the End User Licence Agreement prevails to the extent of any inconsistency.
1.4 Open Windows may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted at: https://www.openwindows.com.au/terms_of_use. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Changes to the Website
The Website is subject to change at any time without notice and may contain errors.
3.1 You may be required to register an account to be able to access or use particular areas of the Website.
3.2 You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform Open Windows if there is any change to this information or data.
4.1 You may only access certain restricted areas of the Website by entering the account password selected by you when registering (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person using your Password, as if they were your own acts and omissions. Open Windows will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify Open Windows against all loss, damage, claims, costs or demands in this regard.
5. Changes to our offerings
5.1 We may modify offerings (including prices, product and services) at our discretion for any reason (including but not limited to changes in market conditions, product or service discontinuation, changes in availability, supplier changes, errors in advertising, and in other appropriate circumstances).
5.2 All updates and modifications to this Website including any changes to any content and all offerings (including prices, product and services) will be subject to these Terms. Any information we provide in relation to the availability of products or services is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products or services that you may order through, as a result of, or in connection with this Website.
6.1 The Website is owned and operated by Open Windows.
6.2 Open Windows has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. Open Windows reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
6.3 The Content on the Website is for general information purposes only. Furthermore, Open Windows does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of Open Windows materials or information by another person or organisation is at the user’s own risk.
6.4 The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
6.5 Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL)), Open Windows and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from any reliance on the Content, or for its accuracy, currency and completeness.
6.7 Unless expressly stipulated otherwise by Open Windows, any Content that you post on the Website or otherwise provide or communicate to Open Windows will be treated as non-confidential and non-proprietary information.
6.8 If you have a complaint regarding any Content, Open Windows’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
7. Access and communication
7.1 Subject to the consumer guarantees provided for in consumer protection legislation (including the ACL), Open Windows does not warrant that you will have continuous access to the Website. Open Windows will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
7.2 Open Windows does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Open Windows does not guarantee the security or confidentiality of these communications or the security of the Website.
7.3 Open Windows does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
7.4 Details contained on the Website relating to products and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. Open Windows does not warrant that the products or services available on this Website or the Website and its Content comply with the laws of any other country. It is your responsibility to determine whether the products or services comply with the laws of your jurisdiction.
7.5 If you access and use this Website or its Content from outside Australia or purchase any products or services, you do so at your own risk.
9. Disclaimer and exclusion of warranties and limitation of liability
9.1 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on Open Windows by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
9.2 To the fullest extent permitted by law, Open Windows excludes all warranties or guarantees not imposed under the ACL, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy or suitability in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the products and services advertised or accessible on the Website.
9.3 Subject to this clause 9and the consumer guarantees provided for in the ACL, Open Windows excludes all liability for any loss, damage, claim, cost or expense whatsoever (including loss of profit and consequential losses) arising out of or in connection with these Terms, the Website, the Content, and all links to or from the Website.
You will fully indemnify Open Windows in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website; or
(c) your communications with Open Windows.
11.1 The Website may contain links to other websites. Open Windows provides those links as a ready reference for searching for third party products and services on the internet and not as an endorsement of those web sites, their operators, the products, services or content that they describe.
12. Intellectual property
12.1 All intellectual property rights, including copyright and patents, in the Website, Open Windows’s products and services, and all components of them are owned or licensed by Open Windows or any of its related entities. You must not copy, modify or transmit any part of the Website.
12.2 The Website contains trade marks, logos, service names and trade names of Open Windows or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Website.
13. Website licence and use
Open Windows grants you a non-exclusive and non-transferable licence to use the Website for your own personal or business use subject to the restrictions specified in clause 14and elsewhere in these Terms and in the End User Licence Agreement (if applicable).
14. Prohibited uses
In using the Website you must not:
(a) download (other than page caching) or modify the Website or any portion of the Website
(b) frame the Website without Open Windows’s express written permission;
(c) engage in any commercial activity, including: marketing; advertising or commercial promotion of products or services; resale; collecting and using any product lists or pricing for the benefit of other merchants; data mining; or using robots or other data collection methods;
(d) impersonate or falsely claim to represent a person or organisation;
(e) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(f) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(g) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
15. Termination of your access to the Website
Open Windows may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
16. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision
18. Contacting us
Last updated: 16 February 2018