Welcome.

This website is operated by Sanctuary Living and its related entities (together called “Sanctuary Living”) under the domain name www.whitsundaygreen.com.au (“Website”). These terms and conditions of use and the Privacy Statement apply to the Website. By using this Website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Website and the content provided by or through the Website, and the subject matter of this Agreement.

By proceeding beyond the homepage you agree to accept these terms of use and Sanctuary Living agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with the conditions set out below.

We may revise these terms of use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these terms of use as amended from time to time.

Pursuant to this licence and subject to the absolute right of Sanctuary Living to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:

• view the material in the Website;
• access material contained in the Website; and
• use the Website strictly in accordance with the provisions of this licence.

Website Content

Sanctuary Living is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, master plans, text, graphic and their arrangement (“Content”). Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Sanctuary Living or the written consent of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”), will be deemed to be non-confidential. Sanctuary Living has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Sanctuary Living will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

Sanctuary Living reserves the right to remove any Content from this Website at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content.

• view the material in the Website;
• access material contained in the Website; and
• use the Website strictly in accordance with the provisions of this licence.

User Responsibility

In accessing this Website, you acknowledge and agree that:

• you must comply with applicable local, state, national and international laws and regulations that relate to your use of or access to this Website.   Sanctuary Living reserves the right, at its absolute discretion, to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
• if Sanctuary Living issues you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorized or not; and
• you have not relied on any representation made by Sanctuary Living or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Sanctuary Living (which may be out of date or superseded).
• You acknowledge and accept that your use of the Website indicates your acceptance of the licence and that you are responsible for all of your activity in connection with accessing the Website.

In accessing the Website, you must not:

• take any steps to obtain unauthorized access to this Website or any parts thereof that are not opened to public access;
• disrupt or interfere with or make attempts to disrupt or interfere with:
• the Website;
• any other user’s enjoyment of this Website or Third Party Websites; and/or
• any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website; and/or
• engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party.

Indemnity

You must indemnify and keep Sanctuary Living (and its related bodies corporate, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of provisions of this licence, or your breach of any rights of third parties.

Trademarks

Any other trademarks appearing on this Website may be the trademarks of the relevant owners.

You must not use any trademarks that appear on this Website without the written consent of the trademark owner.

Disclaimers

While Sanctuary Living has endeavoured to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided “as is” and “as available” and Sanctuary Living takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause Sanctuary Living to be in breach of the terms of the licence.

To the maximum extent permitted by law, Sanctuary Living:

• disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
• will not be liable for any cost, loss or damage suffered by you through your use of the Website or Sanctuary Living’s failure to provide access to the Website or any Third Party Websites or any information updates.

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Termination and Suspension

Sanctuary Living reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of this Licence which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.

Waiver

Failure or neglect by Sanctuary Living to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Sanctuary Living under this licence. No waiver by Sanctuary Living of its rights under this Licence shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Privacy

Sanctuary Living respects your privacy. The Privacy Statement applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed on the Privacy page of this website.

Severability

If any parts of this Licence are deemed unlawful void or for any reason unenforceable then that provision may be severed from this Licence and it will not affect the validity and enforceability of the remaining provisions.

Governing Law

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Victoria Australia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.