Terms and Conditions

This is the website terms and conditions (terms) for No Pain No Fear Pty Ltd (ACN 651 126 153) and its related entities (each referred to herein as we, us or our). By using this website, you agree to these terms. If you do not agree to these terms, you should not use this website.

We may change these terms from time to time. If you continue to access this website following such a change, then you will be deemed to have agreed to the changed terms.

Acceptable use

Prohibited conduct

In accessing and using this website you must not engage or attempt to engage in any activities that:

  • download (other than page caching) or modify this website or any portion of this website;
  • impersonate or falsely claim to represent a person or organisation;
  • are commercial, including selling, marketing, advertising or promoting goods or services;
  • frame this website without our express written permission;
  • post, link to, communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content, or otherwise use this website in a manner which is unlawful or would infringe the rights of another person (including any intellectual property rights);
  • bypass (or attempt to bypass) any security measures that we use in relation to this website;
  • provide access or links to any content (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
  • delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any content on this website; or
  • post or transmit or permit the posting or transmission of any content which contains a computer virus or other harmful data, code or material.

Saving, printing or sharing content

You may save a local copy or print a copy of any of the content on this website for your own personal, non-commercial use, provided you do not remove any copyright notices. For clarity, you must not use the content for any non-personal or commercial use, including the sharing of the content with others (whether via another website or otherwise) or charging any third parties to use or access the content.

Linking to this website

You are welcome to link to this website, provided that in doing so:

  • you do not use any of our trade marks without our permission or use any other trade mark which appears on this website without the permission of the owner of that trade mark; and
  • you do not link to this website from a website or in a manner which disparages or may disparage our reputation, or the reputation of our commercial partners, customers, suppliers or advertisers.

Other uses

For permission to use content from this website in a manner other than as set out above, please contact us.

Third party content, products and services

Some of the content on this website has been obtained from third parties who have licensed us to use that content. The inclusion of such content on this website is not an endorsement of any organisation, product, service or advice.

This website may include links to third party websites (including Facebook, Twitter and other social media platforms). These websites are not covered by these terms and may have their own terms and conditions and privacy policy (third party terms). If you choose to access these websites, you do so at your own risk and subject to the applicable third party terms. We have not reviewed all of these websites and are not responsible for (and will not be liable in respect of) their content or accuracy or how they treat your personal information. Our linking to these websites is not an endorsement of the website or of any organisation, product, service or advice.

Intellectual property

This website contains copyright, trade marks and other forms of intellectual property (intellectual property) owned or licensed by us. All rights in relation to such intellectual property are reserved. Except where we otherwise agree in writing, you must not use such intellectual property, including by copying, framing, modifying, transmitting or distributing the intellectual property.

Privacy

Please refer to our privacy policy for information on how we collect, use, store and manage personal information, and your rights in relation to such personal information. By using this website, you agree to the terms and conditions in our privacy policy (as amended from time to time).

Disclaimers and exclusions

General exclusions

The content on this website is made available for general information purposes only and does not constitute professional advice or recommendations. Any use of (or reliance on) such content is at your own risk. You should not use such content as a substitute for consulting with qualified professionals as to your particular circumstances and needs.

We do not warrant the accuracy, adequacy, reliability or completeness of the content on this website and expressly disclaim liability for defects, errors or omissions in such content.

To the fullest extent permitted by law, we disclaim all representations, warranties, conditions and guarantees (whether express or implied) in relation to this website and its content, including under legislation, common law, equity, trade, custom or usage. We do not offer any warranties or make any representations in relation to any third party goods or services described or referred to on this website.

Access and communication

We do not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you for any reason. We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across this website and accept no responsibility for any loss or damage associated with them, whether due to congestion, technical malfunction, viruses or otherwise. While we take reasonable precautions to protect information transmitted via this website, we cannot and do not guarantee the security or confidentiality of these communications or the security of this website.

International use

If you choose to access this website from any location outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.

Exclusion and limitation of liability

General exclusion

To the fullest extent permitted by law, we exclude all liability for losses, damages and claims arising out of or in connection with this website (including any use of or reliance on the content on this website), these terms or any supply of goods or services pursuant to these terms, including liability in respect of any breach of contract, tort (including negligence) or any other common law or statutory action.

Consequential loss

To the fullest extent permitted by law, we exclude liability to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with this website (including any of the content on this website), any links to or from this website or the goods and/or services advertised, referred to on or supplied pursuant to this website.

Consumer guarantees

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy (guarantee) you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability for a breach of such a guarantee is limited, at our option, to:

  • in the case of goods supplied or offered by us: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or
  • in the case of services supplied or offered by us: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

Termination of your access to this website

We may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in our sole discretion and without prior notice.

General terms

These terms are governed by and must be construed in accordance with the laws of the State of Western Australia, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.

Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.

Questions, feedback and complaints

If you have any questions, feedback or complaints in relation to this website, then please contact us. We welcome your feedback and will endeavour to respond to you (where a response is required) in a prompt manner.

+61 8 6460 4949
commercial@tattarang.com
PO Box 3155, Broadway Nedlands, WA 6009