Terms of Use

Applicability & Interpretation

These terms and conditions apply to any and all agreements for the provisions of Goods and Services by the Seller and supersede any contrary terms and conditions of the Customer.
The Seller may amend these Terms and Conditions, its policies or any notices from time to time at its discretion. The Customer will be bound by any amended, revised and or updated Terms and Conditions notified to the Customer from time to time.
In these Terms and Conditions and any Contract to which these Terms and Conditions apply, unless the context otherwise requires:
words importing the singular include the plural and vice versa;
1. a reference to:
  1. a person includes a corporation, a government entity and bodies politic;
  2. a statue, ordinance, code or other law includes regulations under it and any consolidations, amendments, re-enactments or replacements;
2. where more than one Customer has entered into this Contract, each Customer shall be jointly and severally liable for all payments of the Price.

Definitions

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) and any other consumer protection legislation in force in Australia;
“Contract” means this contract for the sale of Goods or Services by the Seller to the Customer and includes any plans and drawings prepared for the proposed Services.
“Customer” shall mean the person who places an Order for the Goods or Services from the Seller and includes any person acting on behalf of and with the authority of the Customer.
“Goods” shall mean goods and products supplied by the Seller to the Customer and where the context so permits shall include the supply of any Services from the Seller to the Customer.
“GST” has the meaning given to it in the “GST Act” being a New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Liability” means all liability whatsoever and howsoever arising including but not limited to any liability for damages and loss, liquidated damages, loss of profit, loss of revenue, loss of use, economic or indirect and consequential loss.
“Order” means any order for the purchase of Goods or the supply of Services placed by the Customer with the Seller.
“PPSA” means the Personal Properties Security Act 2009 (Cth).
“Price” shall mean the cost of the Goods as agreed between the Seller and the Customer subject to any adjustment or variation in accordance with the terms of this Contract.
“Quote” means the estimated Price given by the Seller to the Customer to supply the Goods or perform the Services.
“Seller” shall mean Ezy-Plumb Pty Ltd trading as ‘Ezy-Plumb - Bayside Plumber Melbourne - Blocked Drain & Hot Water Specialist’ and its successors and assigns.
“Services” shall mean all services supplied by the Seller to the Customer and includes any advice or recommendations and where the context so permits shall include any supply of Goods.

Acceptance

The acceptance of the Quote and placement of an Order by the Customer constitutes unqualified and irrevocable, acceptance by the Purchaser to be bound by these Terms and Conditions which may only be varied and or rescinded strictly in accordance with these Terms and Conditions.

Goods and Services

The Goods and Services are described in the Quote and Order as provided by the Seller to the Customer.
The Goods and Services supplied by the Seller shall, to the extent that it is the Seller’s obligation to do so, comply with:
1. the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979;
2. all other relevant codes, standards and specifications that the work is required to comply with under any law;
3. the conditions of any relevant development consent or complying development certificate.
The Seller will not be liable to the Customer for any liability, loss or damage for a failure to comply with the terms of clause 4.2 where:
1. the design or specification is prepared by or on behalf of the Customer including its consultants and expert advisors (but not the Seller); or
2. the design or specification is requested by the Customer and the Seller has advised the Customer in writing that the design or specification does not comply with the requirements set out in clause 4.2 and or do not comply with the Statutory Warranties set out in section 18B of the Home Building Act 1989.

Price & Payment

The Price payable by the Customer for the Goods and Services shall be the Price set out in the Order if the Seller’s Quote is accepted within seven (7) days of the date of the Quote. If the Seller’s Quote is not accepted within the seven (7) day period or the Seller is delayed in commencing the date for provision of the Goods or Services due to delays not caused by the Seller the Price shall be the Seller’s then current price for the Goods and Services, at the date of delivery of Goods or performance of the Services, according to the Seller’s current Price list.
Payment of the Price shall be made by the Customer:
1. in full on day of completion of work by cash, or by credit card, or by direct credit, or by any other method agreed prior by the Seller;
2. where progress payments or instalments are agreed in the Order at the time each progress payment or instalment is due. The Customer acknowledges that the Seller may cease works, stop the works or refuse to release the Goods where the Customer has not paid the Price, instalment or progress payment on the due date. Payment by the Customer will only be recognised by the Seller when the payment is received in clear funds into the Seller’s bank account or when cheques provided for payment have cleared.
Any variation from the plan of scheduled works, specifications or additional works that may have not been reasonably anticipated by the Seller for the provision of the Goods and Services will be charged as a variation (Variation). If a Variation is required:
1. the Seller will provide the Customer with a Quote for the Variation prior to commencing the Variation and the Customer must notify the Seller whether it accepts the Variation as soon as possible but no later than seven (7) days after receiving the Variation request;
2. If the Customer does not accept the Variation within the seven (7) day period the Seller is not obliged to perform the Variation. If the Customer accepts the Variation the Customer must pay for the costs of the Variation on the date of completion of the works.The Seller may terminate this Contract, without liability to the Customer, if the Customer does not authorise the Variation and the Seller cannot reasonably proceed with the Services without undertaking the works proposed under the Variation.
The Customer acknowledges that the Seller may be required to carry out emergency works in order to prevent injury to persons or damage to property and in such circumstances will not be required to provide a Quote prior to undertaking the works the subject of the Variation and the Customer shall be liable to pay the Seller the reasonable costs and expenses incurred with an emergency Variation.
At the Seller’s sole discretion a deposit may be required, the deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable prior to the commencement of any works. Subject to these terms and conditions any deposit paid by the customer upon acceptance of the Order by the Seller is non-refundable in the event of the work being cancelled by the Customer.
Time for payment of the Price is of the essence. If the Customer fails to pay the Price when due in accordance with this clause 5, the Seller may:
1. treat the Contract as repudiated by the Customer;
2. suspend Delivery of the Goods or Services the subject of the Contract and any Goods or Services the subject of any other Contract with the Customer, without incurring any Liability to the Customer in respect of such treatment or suspension; and
3. without prejudice to the rights of the Seller under the Contract, if the Customer fails to pay the Price when due, the Customer must pay interest to the Seller on the outstanding amount of the Price at the rate of 5% per month compounding monthly from the date due until the date of actual payment.
The Customer is not entitled to make any deduction from the Price (including, but not limited to) in respect of any set-off or counterclaim unless agreed in writing prior by the Seller.
The Customer must pay the Seller an amount equal to any reasonable expenses, costs or disbursements incurred by the Seller in recovering any outstanding monies owed by the Customer to the Seller (including, but not limited to, debt collection fees, Court costs and solicitors costs on an indemnity basis) or enforcing any default or breach of this Contract by the Customer.
A credit card surcharge of 2% for Visa and Mastercard payments may be added to the Price at the Sellers discretion.

Delivery of Goods & Services

Delivery of Goods and Services shall be made to the Customer’s nominated address stipulated in the Order.
It is the customer’s responsibility to:
1. obtain all consents (including Body Corporate if the property is part of a Strata Plan) and to make all arrangements to provide the Seller with access to the site where the Goods and Services are to be delivered and performed;
2. provide the Seller with full details of any statutory restrictions or consents which may affect the Seller in delivering the Goods or performing the Services; and
3. provide the Seller, its contractors and employees with safe and reasonable access to the site where the Services are to be performed or to where the Goods will be delivered including the removal of any furniture or personal items that may impede access (the Customer takes full responsibility for any loss or damage caused due to the Customer not taking reasonable action to minimise the risk of damage);to allow the Seller’s employees and contractors to deliver the Goods and perform the Services during usual business hours.
Any time or date nominated or accepted by the Seller for performance, delivery, despatch, or arrival of the Goods or performance of the Services is an estimate only and does not constitute a term or condition of these Terms and Conditions or of the Contract.
The Seller is not liable for the consequences of any delay as a result of any cause outside the reasonable control of the Seller, notwithstanding that any such cause may be operative at the time of entering the Contract or accepting an Order. In these circumstances, the Seller may reasonably extend the time for performance, delivery, despatch or arrival of the Goods or performance of the Services, or cancel the Contract without incurring any Liability.
Time for performance, delivery, despatch or arrival of the Goods or performance of the Services is not of the essence of the Contract and the Customer may not cancel the Contract for any failure by the Seller to deliver the Goods or perform the Services by the estimated date.
Unless otherwise stated in writing, the Seller may make any partial deliveries of the Goods or performance of the Services, by instalments in any amounts the Seller may determine, and these Terms and Conditions apply to each partial delivery or instalment. Each part or instalment is taken to be sold under a separate Contract incorporating these Terms and Conditions.
The Seller may cancel the delivery of Goods or Services at any time before the Goods are delivered by notice in writing to the Customer. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

Transfer of Title

Title in the Goods remains with the Seller until the Goods as well as any other amounts owing by the Customer to the Seller have been paid for in full.
Until title in the Goods passes, the Customer must hold the Goods on a fiduciary basis as bailee for the Seller, keep the Goods separate from all other goods in its possession and marked in such a way that they are clearly identified as property of the Seller; and upon request, deliver up the Goods to the Seller. If the Customer fails to deliver up the Goods, the Seller may, without notice, enter the Customer’s premises to recover the Goods.
The Customer must not deal with or dispose of the Goods until title in the Goods has passed to the Customer.

Risk

The Goods or Services are supplied to the Customer at the Customer’s own risk from the time that the Seller notifies the Customer that the Goods or Services are available for collection or delivered. Notwithstanding that title may remain with the Seller the Customer shall insure the full value of the Goods from this date, and the Seller is not under any obligation to insure the Goods from this date.
Whilst the Goods are in the possession of the Customer before title in the Goods has passed, the Customer must, at its sole expense, keep the Goods in the same condition as that in which they were delivered and make good any damage or deterioration.

Return of Defective Goods & Seller’s Warranty

In addition to any other rights the Customer may have under the Australian Consumer Law and subject to any rights the Seller may have under the Australian Consumer Law or otherwise, the Seller will accept a return of defective Goods from the Purchaser if:
1. the Customer notifies the Seller within seven (7) days of receiving the Goods of any alleged defect, shortage in quantity, damage or failure to comply with the description or Order;
2. the Goods are in the same condition as they were in when supplied to the Customer and their packaging is undamaged; and
3. the Goods are returned to the Seller by the Customer within 14 days of their Delivery including deemed Delivery, but only after having received the Seller’s express written approval to return the Goods
If the Customer fails to comply with the terms of clause 9.1 the Goods shall be conclusively presumed to be in accordance with the terms of the Order and free from any defect, damage or shortage of quantity.
If the Goods are defective and returned to the Seller strictly in accordance with the terms of clause 9.1 the Seller shall, at its discretion:
1. replace the Goods; or
2. refund the Customer’s purchase Price or part of the Price where only part of the Goods delivered are defective.
If the Customer wishes to return Goods that are not defective or faulty, the Seller may in its absolute discretion accept the return of the Goods and will charge the Customer a 15% handling charge plus the transport and freight costs incurred by the Seller.
If the Goods and Services supplied by the Seller come with a manufacturer’s warranty the only warranty given by the Seller shall be the warranty received from the manufacturer, subject to any provision set out in the Australian Consumer Law, and the Seller shall not be obliged to provide any warranty greater than the manufacturer’s warranty.
The Seller warrants that any Services provided by the Seller or Goods supplied that do not come with a manufacturer’s warranty will be free from defect, fit for their intended purpose and performed in a proper and workman like manner. Any breach of this warranty by the Seller shall be limited to the replacement of the Goods and Services or a refund of the Price and under no circumstances will the Seller be liable to the Customer for any Liability, indirect or consequential losses or damages.
If there is a defect in the Goods and Services supplied by the Seller the Customer acknowledges and agrees that it shall notify the Seller of the alleged defect, provide the Seller with a reasonable opportunity to inspect the alleged defect and if the Seller agrees the Goods or Services are defective than provide the Seller with a reasonable opportunity to return and repair the agreed defective Goods or Services. The Seller shall not be liable to pay for the costs or expense for any parts, materials, items or goods situated within the area of the defective works and shall only be liable for the repair and or replacement of the original Goods or Services supplied.
On completion of the work, the Seller will remove from the site all plant and equipment and dispose of all rubbish, excavated material, vegetation, demolished or dismantled structures and surplus material relating to the work unless agreed otherwise in the Order. All demolished, dismantled and surplus material will be the property of the contractor unless otherwise specified in the description of work.
Without waiver of the Seller’s rights under this Contract the Seller will make good any loss or damage to the work or property of the Customer directly caused by the Seller or the Seller’s employees, agents or subcontractors and such repair or replacement work will be limited to the damaged area only and is on a like for like basis, not new for old.

Breach and Customer Insolvency

The Seller may, without prejudice to any other claim or right the Seller may have, terminate the Contract immediately and any other Contract, agreement or arrangement with the Customer then subsisting if:
1. The Customer defaults on or breaches its obligations to the Seller, whether under the Contract or otherwise;
2. Any distress or execution is levied upon the Customer;
3. The Customer makes, or enters into any negotiations for, any arrangement or composition with its creditors or any of them;
4. The Customer commits any act of bankruptcy or if any petition in bankruptcy is presented against it;
5. The Customer is a corporate body and the Customer becomes insolvent or goes into liquidation or if a receiver of the Customer’s assets or undertaking or any part of the Customer’s assets is appointed;
6. The Customer is unable to pay its debts;
7. The Customer has cancelled or threatened to cancel a payment; or
8. Any consents, authorisations, licences or insurances which the Customer is obliged to obtain and maintain are not obtained or maintained in full force and effect.

Exclusion of Liability

To the extent permitted by law, the Seller’s total Liability for any claim under or in relation to a Contract or these Terms and Conditions is limited to the Price paid by the Customer for the Goods or Services the subject of the claim.
Nothing in these Terms and Conditions is to be taken to exclude, restrict or modify any guarantee, condition or warranty that the Seller is prohibited by law from excluding, restricting or modifying. If such a statutory guarantee applies to these Terms and Conditions or to the Contract and the Seller breaches it, the Seller where it is lawful to do so, and fair and reasonable to do so, limits its Liability, at the Seller’s option, to:
1. in the case of Goods:
  1. the replacement of the Goods or the supply of equivalent goods;
  2. the repair of Goods;
  3. the payment of the cost of replacing the Goods or of acquiring equivalent goods;
  4. the payment of the cost of having the Goods repaired; or
  5. refund the Price or part of the Price.
2. in the case of Services:
  1. supplying of the Services again;
  2. the payment of the cost of having the Services supplied again; or
  3. refund the Price or part of the Price.
To the extent permitted by law, all other guarantees, conditions, warranties, representations or Liabilities (including Liability as to negligence) are excluded, other than those expressly referred to in these Terms and Conditions or in the Contract.
For the avoidance of doubt, other than as set out above, the Seller gives no guarantee, condition, warranty or undertaking of any kind as to the condition, quality or safety of the Goods or Services or the suitability or fitness of the Goods or Services for any purpose unless expressly stated otherwise in these Terms and Conditions.
In the case of any deviations in the quantity of Goods Delivered from those stated in the Contract:
1. Where less Goods have been delivered than those stated in the Contract, the Customer has no right to reject the Goods;
2. Where more Goods have been delivered than those stated in the Contract, the Customer, subject to clause 11.5 (c), has the right to reject any Goods in excess of the quantity stated in the Contract; and is not bound to pay for any quantity of Goods in excess of the quantity stated in the Contract unless it agrees to keep them; and
3. If the Customer rejects any Goods in excess of the quantity stated in the Contract, the Customer must notify the Company immediately and keep excess Goods in same condition as that in which they were delivered, and if requested by the Seller, deliver the excess Goods to the Seller at the Seller’s reasonable expense.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or any other event beyond the reasonable control of the party in default provided that such default shall be remedied as soon as practicable after the event has ceased.

PPSA Security Interest & Security

In relation to Goods that have been delivered but for which the Price or any part thereof has not been paid, the Customer grants to the Seller a purchase money security interest, as defined in the PPSA, in the Goods and any proceeds of the sale of the Goods (“PMSI”) to secure the Price of the Goods and payment due.
The Customer agrees not to do or permit anything to be done that may result in the PMSI granted to the Seller ranking in priority behind any other security interest (as defined in the PPSA).
The Customer will take such further steps (including obtaining consents, supplying information, signing forms or executing documents) which may be required by the Seller to take further or better security under the PPSA in respect of the Goods and proceeds of sale of the Goods or to maintain the effectiveness or priority of any security interest under the PPSA.
The costs of registering a financing statement in relation to the PPSA will be paid by the Customer.
The Seller and the Customer agree that nothing in sections 125, 132 (3) (d), 132 (4), 135, 142 and 143 of the PPSA shall apply to the Contract and these Terms and Conditions, or the security thereunder, and to the extent permitted by the PPSA agree to waive and contract out of the right to receive any notice or statement under sections 95, 118, 124 (4), 123, 130, 132 (3)(d), 132 (4) and 157. The Seller and the Customer also contract out of each other provision of Part 4.3 of the PPSA, under sections 115 (7) and 116 (2), but only to the extent that the provisions impose obligations on the Seller. The Seller and the Customer will not disclose information of a kind mentioned in section 275 (1) of the PPSA, unless required by the law (other than section 275 (1) of the PPSA).
The Customer charges, subject to any applicable law, as beneficial owners and as trustee of every trust all the Customer’s land and real property (including land and real property acquired in the future) in favour of the Seller to secure the payment of monies and the performance of the Customer’s obligations under this Contract. In this clause “trust” means each trust for which the Customer holds land or real property as trustee.
If the Customer is the trustee of any Trust, it is bound by these terms and conditions and charges its land and real property as trustee and it is a proper exercise of the Customer’s authority and power under the trust instrument and at law to trade with the Seller and to charge its land in accordance with these terms and conditions.

Building Construction Industry Security of Payments Acts 1999

Invoices issued by the Seller are issued in accordance with the terms of the Building and Construction Industry Security of Payment Acts 1999 and any corresponding legislation at the place where the Goods are delivered or where the Services are performed.

Miscellaneous

The Customer is, as between the parties, liable for and must pay all stamp duty on or relating to these Terms and Conditions, the Contract or any related document.
No alteration may be made by the Customer to any other part of the Contract including these Terms and Conditions unless expressly accepted in writing by the Seller’s management team and confirmed in writing by the management team. The Seller’s agents, representatives or contractors are not authorised to make any representations, statements, warranties or agreements on behalf of the Seller which vary the terms of this Contract and the Seller will not be bound by or liable for any such representations, statements, warranties or agreements.
A single or partial exercise or waiver of a right relating to these Terms and Conditions or the Contract will not prevent any other exercise of that right or the exercise of any other right.
These Terms and Conditions are governed by, and are to be construed in accordance with, the laws of the place where the Goods and Services are provided. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State where the Goods and Services are provided.
Should any part of the Terms and Conditions, or the Contract, be held to be void or unlawful, these Terms and Conditions, or the Contract, are to be read and enforced as if the void or unlawful provisions or part provision had been deleted.
No course of prior dealing between the parties and no usage of trade are to be relevant to amend, supplement or explain any term used herein.
If GST is imposed on any supply made under or in accordance with these Terms and Conditions, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount must be made at the same time as payment for the taxable supply is required to be made in accordance with these Terms and Conditions. The terms “supply”, “tax invoice”, “recipient”, and taxable supply” when used in this Section have the meanings given to them in the GST Act.
The Customer must no later than 14 days prior to any proposed change of either ownership. shareholding, effective control, directors of the Customer or change in any contact and address details notify the Seller of the proposed change.

Notices

Any notice required to be made under these Terms and Conditions or in relation to recovery of costs must be in writing, in the English language and may be given by an agent of the sender and delivered to the address of the party included in the Contract or Order, unless a different address has been notified in writing by that party, in accordance with any means authorised by law, including electronically or by any means described in cause 14.2.
A notice given by:
1. Post is taken to be received, if posted within Australia to an Australian address, three days after posting and;
2. Email is taken to be received when the sender receives the email;

General Plumbing & Blocked Drains

Blocked drains usually indicate pipelines are not operating efficiently or as intended and may contain breakages, cracks, negative fall, sanitary hygiene products, foreign objects or tree root entry. The drain line cannot be repaired or rectified by just clearing on its own. Once cleared, the Seller gives no warranty that the same problem will not happen again. If the Sellers equipment becomes lodged in the Customer’s faulty drain it will be removed at the customer’s expense.

Business Working Hours

The Seller’s business working hours are 7am to 5pm Monday to Friday excluding Australian public holidays and state public holidays in effect in the state of Victoria.

Service Fees

A Service Fee will be charged by the Seller to the Customer, which may be deducted at the Sellers discretion once the Customer agrees to the Price.

Website

General This website (the “Site”) is owned and operated by [Ezy-Plumb] with ABN [79 165 456 897] d/b/a “ https://www.ezyplumb.com.au" (“COMPANY,” “we” or “us”) trading as “Ezy-Plumb - Bayside Plumber Melbourne - Blocked Drain & Hot Water Specialist”. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

personal information. Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.

If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user — you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS

COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.

WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.

WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

YOU acknowledge and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: info@ezyplumb.com.au.

For more information consider reading our Privacy Policy or reaching out to us:

Ezy-Plumb
9/214 Bay St., 3186 VIC Australia
0402 169 096
info@ezyplumb.com.au

Website Information

The Ezy-Plumb website (https://www.ezyplumb.com.au) was designed and coded with ♥ in Australia by sitecentre®. For all website-related bugs, issues or incompatibilities, please reach out to issues@sitecentre.com.au or call 1300 755 306.

Photo & Graphic Credit

We have used photos and graphics on this website that were not photographed or designed by sitecentre or Ezy-Plumb. We’re giving credit to those photographers and graphic artists and appreciate the work they do below:

You can read more about the Freepik Company copyright information here: https://www.freepikcompany.com/copyright.