Website Terms of Use

1.1 Overview

This website is operated by Shower Access Pty Ltd. Terms “Shower Access” “we,” “us,” and “our” refer to Shower Access. Shower Access Pty Ltd offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read the Terms of Agreement carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not purchase any product or services.
We reserve the right to update, change, or replace any part of these Terms of Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes.

1.2 Definition & Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Shower Pty Ltd, 44/6 Culworth Ave Killara 2071 Sydney, Australia.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for you to access our Service or parts of our Service.

“Trial before you buy” refers to the installation and configuration at the client site but not to operational use of the product- “a dry trial”

Website refers to Showerbuddy bathroom mobility equipment and solutions, accessible from Shower Access.com.au.

Service refers to the Website.

Country refers to: NSW, Australia

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Personal Data is any information that relates to an identified or identifiable individual.

Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

1.3 General

You understand that, except for information, products or services clearly identified as being supplied by Shower Access, Shower Access does not operate, control or endorse any information, products or services on the Internet in any way. Except for Shower Access- identified information, products or services, all information, products, and services offered through the website or on the Internet generally are offered by third parties, that are not affiliated with Shower Access

You also understand that Shower Access cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the website and the Internet. Shower Access provides the website and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and Shower Access shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the Internet generally. Shower Access does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Shower Access has no control over and accepts no responsibility whatsoever for such materials.

  1.  You should assume that everything you see or read on our website may not be used except as provided in these Terms of Use or the text on the website, without the written permission of Shower Access or its affiliates (“Shower Access ”).
  2. Any communication or material you transmit to the website, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary.
  3.  Images of people or places displayed on the website are either the property of, or used with permission by, Shower Access. The use of these images by you, or anyone else authorised by you, is prohibited unless expressly permitted by these Terms of Use or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws (see “Intellectual Property Information”), the laws of privacy and publicity, and communications regulations and statutes. No use of any of these may be made without the prior, written authorization of the owners of this website, except to identify the products or services of Shower Access.
  4. Shower Access has not reviewed any or all of the websites linked to this website and is not responsible for the content or the privacy policies of any off-Website pages or any other Websites linked to the website. Your linking to the website, off-Website pages or other Websites is done so at your own risk and without the permission of Shower Access.

1.4 On-line Store Terms

By agreeing to these Terms of Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products or service for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Product and or Services.

1.5 Guidelines for Linking to this Website

Attention: Linking to Shower Access Website indicates that you accept Shower Access terms of use and legal restrictions and that you will abide by the guidelines below. If you do not accept these terms and agree to abide by these guidelines, do not link to this website.

If you link to Shower Access Pty Ltd’s Website, you agree that you:

  1. May link to, but not replicate, Shower Access Pty Ltd Website content
  2. Shall not frame or otherwise create a browser or border environment around Shower Access Pty Ltd Website content
  3. Shall not imply that Shower Access Pty Ltd is endorsing you or your products
  4. Shall not misrepresent you or your website’s relationship with Shower Access Pty Ltd
  5. Shall not present false, misleading or inaccurate information about Shower Access Pty Ltd or Shower Access Pty Ltd’s products or services on your website or otherwise disparage Shower Access Pty Ltd’s products
  6. Shall not use Shower Access Pty Ltd’s logos without express prior written permission from Shower Access
  7. Shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial and shall include on your website only content that is appropriate for all age groups
  8. Shall not link to an internal page of this website that is located one or several levels down from the home page or bring up or present content of this website on another Website without Shower Access ’s prior written permission.
  9. Shower Access may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

 Accuracy, Completeness, And Timeliness of Information

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

1.7 Errors, Inaccuracies, And Omissions

Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related Website, including without limitation, pricing information, except as required by Law. No specified update or refresh date applied in the service or on any related Website should be taken to indicate that all information in the service or on any related Website has been modified or updated.

1.8 Prohibited Uses

In addition to other prohibitions as set forth in Terms of Agreement, you are prohibited from using the website or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related Website, other Websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the service or any related Website, other Websites, or the Internet.

We reserve the right to terminate your use of the service or any related Website for violating any of the prohibited uses.

1.9 User Comments, Feedback, And Other Submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or
  3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Agreement.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, and or another personal and or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related Website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

1.10 Limitation Of Liability

In no event will Shower Access be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the product or service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service.

Even if Shower Access or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Shower Access liability is limited to the greatest extent permitted by Law. Shower Access makes no representations whatsoever about any other website which you may access through this one or which may link to this website.

When you access a non-Shower Access Website, please understand that it is independent of Shower Access and that Shower Access has no control over the content on that website. In addition, a link to a Shower Access Website does not mean that Shower Access endorses or accepts any responsibility for the content, or the use, of such website.

1.11 Indemnification

You agree to indemnify, defend and hold harmless Shower Access and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Agreement or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

1.12 Disclaimers

The information provided by this website is not intended nor is implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
Shower Access, the owner of this website, will use reasonable efforts to include up-to-date and accurate information in this website, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Shower Access shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet Website, or from your reliance on any information provided at this Internet Website.

This website may provide links or references to other Websites, but the owners of this website have no responsibility for the content of such other Websites and shall not be liable for any damages or injury arising from that content. Any links to other Websites are provided as merely a convenience to the users of this website.

Your use of this website is at your own risk. Neither Shower Access , any of its agencies, nor any other party involved in creating, producing, or delivering the website will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. Without limiting the foregoing, everything on the website is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Shower Access also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in the website, or your downloading of any materials, data, text, images, video, or audio from the website.

Although Shower Access may from time to time monitor or review emails, discussions, postings, transmissions, and the like on the Website, Shower Access is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the website. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Shower Access will fully cooperate with any law enforcement authorities or court order requesting or directing Shower Access to disclose the identity of anyone posting any such information or materials.

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