Terms Of Use
1. INTRODUCTION
Welcome to www.bowelectrical.com.au (the “Site”). This Site is owned and operated by Bow Electrical (hereinafter referred to as “COMPANY,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of the Site, including any content, functionality, products, or services offered on or through the Site.
By accessing or using the Site in any manner, you (the “User”) acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy. If you do not agree with these Terms, please discontinue using the Site immediately.
We reserve the right to modify these Terms at any time without notice. Any changes will be posted on this page, and the “Last Updated” date at the top will be revised accordingly. Your continued use of the Site after such modifications constitutes acceptance of the revised Terms.
2. ACCEPTANCE OF TERMS
You represent that you are at least the age of majority in your state or province of residence, or that you are accessing the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are using the Site on behalf of any entity, you further represent that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify COMPANY for any violations of these Terms.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Ownership of Site Content
All text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, computer code, and other materials (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to COMPANY, and is protected by trade dress, copyright, patent, trademark, and other intellectual property rights.
3.2 Limited License to You
COMPANY grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site and its Content strictly in accordance with these Terms, solely for your own non-commercial use. You may not copy, reproduce, distribute, republish, download, display, post, or transmit any portion of the Site or its Content in any form or by any means without our prior written permission, except as expressly outlined in these Terms.
3.3 Restrictions on Use
You agree that you shall not:
Modify, translate, adapt, or otherwise create derivative works from any part of the Site or the Content.
Use any data mining, robots, or similar data-gathering or extraction methods on any part of the Site.
Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content.
Copy or imitate the design, layout, or look-and-feel of the Site or any portion of it.
3.4 Trademarks
All trademarks, service marks, logos, and trade names (collectively, the “Marks”) displayed on the Site are proprietary to COMPANY or their respective owners. You may not use or display any Mark without the owner’s prior written consent.
4. USER CONDUCT
By using the Site, you agree not to:
Use the Site or the Content for any unlawful purpose or in violation of any local, state, federal, or international laws.
Post or transmit any material that is defamatory, libelous, threatening, harassing, obscene, or otherwise objectionable.
Harass, abuse, or harm another person, or incite others to do so.
Transmit unauthorized advertising, spam, chain letters, or other unsolicited content.
Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
Gain or attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site by hacking, password mining, or any other illegitimate means.
Reverse engineer or otherwise attempt to discover the source code of the Site.
Collect or store personal data about other users unless authorized by such users.
COMPANY reserves the right to investigate and take appropriate legal action against anyone who, in COMPANY’s sole discretion, violates these provisions, including without limitation reporting such activity or content to law enforcement authorities.
5. USER-GENERATED CONTENT
5.1 Submissions
In certain areas of the Site, you may be permitted to post or upload content, such as comments, text, videos, images, or other materials (collectively, “User Content”). By submitting or posting User Content, you warrant and represent that:
You own or otherwise control all of the rights to the content you post.
The content is accurate.
Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
5.2 License Grant
By posting any User Content, you grant COMPANY a worldwide, perpetual, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in any manner or media now known or hereafter devised. You also grant COMPANY the right to identify you as the author of any of your postings by name or screen name as we deem appropriate.
5.3 No Endorsement
You acknowledge that any opinions, statements, or other information posted or transmitted by third parties (including other users) on the Site are the sole responsibility of the author of that content and do not necessarily reflect the opinions of COMPANY. We do not endorse any user-submitted content.
5.4 Monitoring and Removal of Content
COMPANY has the right, but not the obligation, to monitor User Content. We reserve the right to edit, remove, or refuse to post any User Content for any reason without notice.
6. THIRD-PARTY LINKS AND RESOURCES
The Site may contain links to third-party websites, resources, or services that are not owned or controlled by COMPANY. These links are provided for your convenience only. COMPANY does not endorse, warrant, or assume responsibility for the products, services, or information provided by third parties. Your dealings with third-party websites are solely between you and the applicable third party. We encourage you to review the terms and conditions and privacy policies of any third-party sites you visit.
7. ONLINE COMMERCE AND PAYMENT TERMS
7.1 Third-Party Products and Services
Certain sections of the Site may allow you to purchase products or services from third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products or services. Any information you provide in connection with such transactions may be collected by both the third-party merchant and us. Each merchant may have its own privacy and data collection practices.
7.2 Payment Responsibilities
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 make purchases only for legitimate, non-commercial purposes. You also agree not to make any purchases for speculative, false, or fraudulent purposes.
7.3 Taxes and Shipping
Prices displayed on the Site may or may not include taxes. If applicable, you are responsible for paying all such taxes. You may also be responsible for any shipping and handling charges if you purchase products that require delivery.
7.4 Payment Methods
Payment methods may include credit cards, debit cards, PayPal, or other payment systems as indicated on the Site. We reserve the right to add or remove any payment method at our sole discretion. If any payment is declined, your access to products or services may be suspended until we receive a valid payment.
8. REFUND AND CANCELLATION POLICY
Each specific product, service, course, or event offered by COMPANY may contain its own refund and cancellation policy. These policies will be made available at the point of purchase or registration. Please review them carefully before making a purchase. Unless otherwise stated, all sales are final. For questions regarding refunds or cancellations, please contact us at the information provided in Section 26 (Contact Information).
9. DISCLAIMER OF WARRANTIES
AS IS BASIS: The Site and all Content, products, and services made available to you through it are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
NO GUARANTEE: COMPANY does not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the servers making the Site available are free of viruses or other harmful components.
YOUR RESPONSIBILITY: You assume total responsibility for your use of the Site. Your sole remedy against COMPANY for dissatisfaction with the Site or any Content is to stop using the Site.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain jurisdictions do not allow the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, COMPANY’s liability is limited to the greatest extent permitted by law.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless COMPANY, its officers, directors, employees, agents, subsidiaries, affiliates, successors, and assigns from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use of the Site.
Your breach of these Terms.
Your violation of any third-party rights.
Any claim that you have caused damage to a third party.
12. NO GUARANTEE OF RESULTS OR PROFESSIONAL ADVICE
12.1 No Professional Advice
All information provided by COMPANY is for general informational purposes only. We are not accountants, investment advisers, or attorneys, and nothing on the Site is intended to provide financial, legal, investment, or tax advice. Always seek the advice of a qualified professional regarding your specific situation.
12.2 Educational Purposes Only
Any testimonials or examples of results are not guarantees that you will achieve the same or similar results. Your personal circumstances will vary, and your success depends on many factors outside our control.
13. PRIVACY POLICY
Your use of the Site is also governed by our Privacy Policy, which is incorporated by reference. Please read our Privacy Policy for information regarding how we collect, use, and disclose your personal data. By using the Site, you consent to our collection and use of your data in accordance with our Privacy Policy.
14. DATA SECURITY
We implement commercially reasonable technical and organizational measures to help protect the security of your personal information from unauthorized access, use, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is entirely secure. Accordingly, we cannot guarantee the absolute security of any information. You are responsible for maintaining the confidentiality of your passwords and account information, and for controlling access to your electronic communications and devices at all times.
15. ACCESSIBILITY
We are committed to making the Site accessible to the widest possible audience, regardless of technology or ability. We aim to comply with applicable standards (e.g., WCAG 2.1). However, please note that despite our efforts, some content may not yet be fully adapted to these strictest accessibility standards. If you experience any difficulty accessing any part of the Site, please contact us using the information provided in Section 26 so we can consider and potentially implement the requested improvements.
16. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
We respect the intellectual property rights of others and expect users of the Site to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that any content appearing on the Site infringes your copyright, please send a detailed notice of alleged infringement to the following email or address:
Bow Electrical
www.bowelectrical.com
Attn: DMCA Designated Agent
Email: Info@bowelectrical.com
Your DMCA notice must include:
A physical or electronic signature of the copyright owner or person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the allegedly infringing material on the Site that is to be removed or access to which is to be disabled, along with sufficient detail so we can locate it.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Upon receipt of a valid DMCA notice, we will respond by removing the infringing material or disabling access to it and make a good-faith effort to contact the user who posted the content.
17. COMMUNICATIONS; CONSENT TO ELECTRONIC NOTICES
When you use the Site or send emails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically, including email, text messages, notices, and updates posted to the Site. You agree that any such communications satisfy any legal requirement that such communications be in writing. If at any time you wish to opt out of certain forms of communication, you may do so by following the unsubscribe instructions in our communications or contacting us directly.
18. EXPORT CONTROLS
You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. You represent and warrant that:
You are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country.
You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree not to access or use the Site in violation of any export laws or regulations of the United States or any other relevant jurisdiction.
19. FORCE MAJEURE
We will not be liable to you or any third party for any failure or delay in performance under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, embargoes, natural disasters, strikes or other labor disputes, supply shortages, or any other event that is unforeseeable or outside our reasonable control.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1 Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the jurisdiction in which Bow Electrical is headquartered, without regard to conflicts of law principles.
20.2 Dispute Resolution and Binding Arbitration
If a dispute arises out of or relates to these Terms, your use of the Site, or any purchase from COMPANY, and if the dispute cannot be settled through negotiation, you agree first to try in good faith to settle the dispute by mediation administered by a mutually agreed-upon mediator. If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the [arbitration association applicable in your jurisdiction]. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Arbitration is final and binding. By using this Site, you expressly waive your right to a jury trial in any legal proceeding arising out of or related to these Terms or the Site.
Exception
Notwithstanding the above, COMPANY or you may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent loss or damage to data or services.
20.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between COMPANY and you individually. To the fullest extent permitted by law:
No arbitration or proceeding shall be joined with any other.
There is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures.
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
21. INTERNATIONAL USE
We make no representation that the Site or the Content is appropriate or available for use outside of the jurisdiction where Bow Electrical is located. Accessing the Site from territories where the Site’s content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own initiative and are responsible for compliance with all local laws.
22. TERMINATION
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Site at any time, for any or no reason, without notice. Upon termination, the disclaimers, limitations of liability, indemnities, and all other provisions that by their nature should survive, shall survive such termination.
23. ENTIRE AGREEMENT
These Terms, along with our Privacy Policy and any other legal notices, policies, or guidelines posted on the Site, constitute the entire agreement between you and Bow Electrical concerning your use of the Site and supersede any prior oral or written agreements relating to the same subject matter.
24. WAIVER AND SEVERABILITY
No waiver by COMPANY of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of COMPANY to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.
25. HEADINGS
Headings and subheadings in these Terms are included for convenience only and shall not affect the interpretation of any provision.
26. LANGUAGE
These Terms may be provided to you in a language other than English. In the event of a conflict between the non-English version and the English version, the English version shall control.
27. CONTACT INFORMATION
If you have any questions or concerns regarding these Terms, the Site, or our products and services, please contact us at:
Bow Electrical
www.bowelectrical.com.au
info@bowelectrical.com.au