Terms of Use

These terms govern your use of this website which is owned and operated by Serenity Group & Co Pty Ltd ACN 692 097 920 (Serenity Homes and Design).  Please make sure you read these terms carefully.  By accessing or otherwise using this website, you acknowledge that you have read and understood these terms and conditions (Terms of Use) and agree to be bound by them.

Your use of this website

As a condition of your use of this website, you agree you will not:

  • Upload or otherwise provide any content or information that is defamatory, misleading, fraudulent, unlawful, threatening, intimidating, bullying, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading or inappropriate;

  • Defame, bully, abuse, harass, stalk, threaten or otherwise offend any person;

  • Impersonate any person or entity or provide any false personal information;

  • Use automated scripting tools or software;

  • Upload, post, email, transmit or otherwise make available using this website any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation;

  • Share or disclose information of others without their express consent;

  • Infringe the intellectual property rights of any person;

  • Share your password, let anyone else access your account or do anything that may compromise the security of your account;

  • Upload or otherwise provide material which contains sexually explicit language or images, or advertises or promotes the sale of products or services such as firearms, tobacco, alcohol, adult products and services and any other products or services Serenity Homes and Design considers to be inappropriate;

  • Upload or otherwise provide material which contains spam, chain letters, pyramid and other such selling and marketing schemes, or information which in any way impinges on another user’s use or enjoyment of the website or otherwise breaches or encourages other users to breach these Terms of Use;

  • Violate any law, statute or regulation;

  • Forge information to disguise the origin of any content; or

  • Encourage or incites any other person to engage in any of the above behaviour.

Content posted to the website can be removed at any time by us without notice.

If you have a complaint about any of the content that may be published on this website, you should contact us.

Copyright

Unless otherwise indicated, all material on this website, including, but not limited to, text, graphics, audio and video files, information architecture and coding is Serenity Homes and Design property or is used under licence.  All rights are reserved.

You are provided with access to this website and may download, store in cache, display, print or make a single copy of the information or material stored on this website in its unaltered form and for your personal and non-commercial use only.

Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) you may not, in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or

  • commercialise any information, products or services obtained from any part of this website, without our written permission.

If you wish to make any other use of the material on our website, you must obtain our permission before doing so.  To ask for permission or for further information, please contact us

Trade Marks

All trade names, trade marks, services marks and other product and service names and logos displayed on this website are proprietary to their respective owners and are protected by applicable trade mark, common law and copyright laws. 

Nothing contained on this website should be construed as granting any licence or right of use of any mark which is displayed on this website without the express written permission of the relevant owner.

You may post material to our website

If you upload or otherwise provide any information or content (Content) in the course of accessing or using the website, you agree that such Content will be available to Serenity Homes and Design to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. 

We are not responsible in any way for any liability, loss, damage or expense you incur or suffer that arises from Content being obscene, threatening, defamatory or inappropriate, or infringing the rights of a third party, including intellectual property rights.

You grant us a licence

By posting Content to the website, you grant us a licence to use any of it in accordance with our privacy policy.  The licence is non-exclusive, world wide, perpetual, irrevocable and royalty-free.  We are entitled to sub-license use of any of the Content. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in Serenity Homes and Design favour.

Our privacy policy

You agree to comply with Serenity Homes and Design’ privacy policy, guidelines and statements as may be applicable from time to time.  Serenity Homes and Design’ Privacy Policy can be accessed on the Website.

Things we don’t promise

We do not promise you any of the following:

  • that you will have uninterrupted or error-free access to, and use of, the website

  • that the website or any files available for downloading will be error-free or free from viruses, faults or defects

  • that the content of the website (including the text, registration facilities, hyperlinks, and the underlying HTML or XML) is accurate, complete, or suitable for a particular purpose.  You must rely on your own judgment in relation to any matter of that type.

This website may contain links to other websites that are owned by third parties.  These links are provided solely for your convenience and do not indicate our endorsement of those websites.  When accessing third party sites, you do so in accordance with the applicable terms of use of those third party websites and at your own risk.

We are not affiliated with any person whose goods or services are linked to or from the website or any linked site.  We do not sponsor, endorse or approve of any of those goods or services.

Exclusion of liability

To the maximum extent permitted by law, Serenity Homes and Design is not responsible for any loss you (or anyone else) suffer as a result of using this website or any of its information and content, including the transmission of computer viruses.

Subject to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), this website is provided on an “as is” basis without warranties of any kind, either express or implied and we make no warranties or representations as to the information, software or materials available on this website.  To the maximum extent permitted by law, Serenity Homes and Design and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as direct, indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services.

Variation of Terms of Use

We reserve the right to vary these Terms of Use from time to time.  The latest conditions will always be made freely available to users at www.serenitygroup.com.au Your continued use of this website will be deemed acceptance of the revised Terms of Use and content.  You must keep yourself updated on the changes to the Terms of Use and the website content.

Violations of these Terms of Use

Without limiting any other remedies available to Serenity Homes and Design at law or in equity, Serenity Homes and Design reserves the right to, without notice temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

  • you breach any provision of these Terms of Use;

  • Serenity Homes and Design is unable to verify or authenticate any information that you provide to us; or

  • Serenity Homes and Design believes that your actions may cause damage and/or legal liability to Serenity Homes and Design, any of its customers or suppliers or any other person; and

  • remove or block access to any information and/or materials (in whole or in part) that Serenity Homes and Design, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms of Use.

Remedies limited

To the maximum extent permitted by law, Serenity Homes and Design and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Serenity Homes and Design's sole discretion):

  • in the case of goods, to any of the following:

    − the replacement of the goods or the supply of equivalent goods;

    − the repair of the goods;

    − the payment of the cost of replacing the goods or of acquiring equivalent goods; or

    − the payment of the cost of having the goods repaired; and

  • in the case of services:

    − the supply of the services again; or

    − the payment of the cost of having the services supplied again.

Indemnity

You indemnify and hold harmless Serenity Homes and Design and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;

  • your use of, or connection to, this site; or

  • your negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release Serenity Homes and Design and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of this site by you or any other person. Serenity Homes and Design may plead this release as a bar and complete defence to any claims or proceedings.

Severability

If any of these Terms of Use are held to be invalid, unenforceable and/or illegal for any reason, the remaining Terms of Use will continue in full force.

Governing law

This document is governed by the law of South Australia, Australia.  You irrevocably submit to the exclusive jurisdiction of the courts of South Australia, Australia and any courts which may hear appeals from those courts.