Terms of Use

Last updated: January 2024

Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Clear Fountain Pty Ltd ("Company", "we", "us", "our") concerning your access to and use of the clear-fountain.com website and any related services.

By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site and all content, including but not limited to text, graphics, images, logos, icons, photographs, and software, are the exclusive property of Clear Fountain Pty Ltd and are protected by Australian and international copyright and trademark laws.

You are granted a limited licence to access and use the Site for personal, non-commercial purposes. This licence does not include the right to:

• Modify or copy the materials
• Use the materials for any commercial purpose
• Remove any copyright or proprietary notations
• Transfer the materials to another person or mirror the materials on any other server

User Representations

By using the Site, you represent and warrant that:

• All information you submit is truthful and accurate
• You will maintain the accuracy of such information
• You have the legal capacity to agree to these Terms
• You are not a minor in the jurisdiction in which you reside
• You will not use the Site for any illegal or unauthorised purpose

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data to create a collection, compilation, database, or directory
• Make any unauthorised use of the Site
• Engage in unauthorised framing or linking to the Site
• Interfere with or disrupt the Site or servers connected to the Site
• Attempt to impersonate another user or person
• Use the Site to advertise or offer to sell goods and services
• Upload or transmit viruses or other malicious code

Service Bookings

Submitting an enquiry through our website does not constitute a binding contract for services. A service agreement is only formed when we provide you with a written quote and you accept that quote in writing or verbally.

All service pricing is subject to change and may vary based on the specific requirements of your property as assessed during our site visit.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site.

Notwithstanding any damages that you might incur, our entire liability under these Terms and your exclusive remedy shall be limited to the amount actually paid by you for services during the six months prior to the claim.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, employees, and contractors, from and against any loss, damage, liability, claim, or demand arising from your use of the Site or breach of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced to the fullest extent under law.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following any changes indicates your acceptance of the new Terms.

Contact Information

For any questions about these Terms of Use, please contact us at:

Clear Fountain Pty Ltd
142 Greenway Boulevard
Thornbury, VIC 3071
Australia
Email: [email protected]