National Council of Women of Australia, Terms of Use
TERMS OF USE

AGREEMENT BETWEEN USER AND NCWA

THE NCWA WEBSITE IS COMPRISED OF VARIOUS WEB PAGES OPERATED BY NCWA.

THE NCWA WEBSITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. YOUR USE OF THE NCWA WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS, AND NOTICES.

MODIFICATION OF THESE TERMS OF USE

NCWA RESERVES THE RIGHT TO CHANGE THE TERMS, CONDITIONS, AND NOTICES UNDER WHICH THE NCWA WEBSITE IS OFFERED, INCLUDING BUT NOT LIMITED TO THE CHARGES ASSOCIATED WITH THE USE OF THE NCWA WEBSITE.

LINKS TO THIRD PARTY SITES

THE NCWA WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF NCWA AND NCWA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. NCWA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NCWA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NCWA OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS.

NO UNLAWFUL OR PROHIBITED USE

AS A CONDITION OF YOUR USE OF THE NCWA WEBSITE, YOU WARRANT TO NCWA THAT YOU WILL NOT USE THE NCWA WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, CONDITIONS, AND NOTICES. YOU MAY NOT USE THE NCWA WEBSITE IN ANY MANNER WHICH COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR THE NCWA WEBSITE OR INTERFERE WITH ANY OTHER PARTY’S USE AND ENJOYMENT OF THE NCWA WEBSITE. YOU MAY NOT OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE OR PROVIDED FOR THROUGH THE NCWA WEBSITES.

USE OF COMMUNICATION SERVICES

THE NCWA WEBSITE MAY CONTAIN BULLETIN BOARD SERVICES, CHAT AREAS, NEWS GROUPS, FORUMS, COMMUNITIES, PERSONAL WEB PAGES, CALENDARS, AND/OR OTHER MESSAGE OR COMMUNICATION FACILITIES DESIGNED TO ENABLE YOU TO COMMUNICATE WITH THE PUBLIC AT LARGE OR WITH A GROUP (COLLECTIVELY, "COMMUNICATION SERVICES"); YOU AGREE TO USE THE COMMUNICATION SERVICES ONLY TO POST, SEND AND RECEIVE MESSAGES AND MATERIAL THAT ARE PROPER AND RELATED TO THE PARTICULAR COMMUNICATION SERVICE. BY WAY OF EXAMPLE, AND NOT AS A LIMITATION, YOU AGREE THAT WHEN USING A COMMUNICATION SERVICE, YOU WILL NOT: 

* DEFAME, ABUSE, HARASS, STALK, THREATEN OR OTHERWISE VIOLATE THE LEGAL RIGHTS (SUCH AS RIGHTS OF PRIVACY AND PUBLICITY) OF OTHERS.
* PUBLISH, POST, UPLOAD, DISTRIBUTE OR DISSEMINATE ANY INAPPROPRIATE, PROFANE, DEFAMATORY, INFRINGING, OBSCENE, INDECENT OR UNLAWFUL TOPIC, NAME, MATERIAL OR INFORMATION.
* UPLOAD FILES THAT CONTAIN SOFTWARE OR OTHER MATERIAL PROTECTED BY INTELLECTUAL PROPERTY LAWS (OR BY RIGHTS OF PRIVACY OF PUBLICITY) UNLESS YOU OWN OR CONTROL THE RIGHTS THERETO OR HAVE RECEIVED ALL NECESSARY CONSENTS.
* UPLOAD FILES THAT CONTAIN VIRUSES, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE OR PROGRAMS THAT MAY DAMAGE THE OPERATION OF ANOTHER’S COMPUTER.
* ADVERTISE OR OFFER TO SELL OR BUY ANY GOODS OR SERVICES FOR ANY BUSINESS PURPOSE, UNLESS SUCH COMMUNICATION SERVICE SPECIFICALLY ALLOWS SUCH MESSAGES.
* CONDUCT OR FORWARD SURVEYS, CONTESTS, PYRAMID SCHEMES OR CHAIN LETTERS.
* DOWNLOAD ANY FILE POSTED BY ANOTHER USER OF A COMMUNICATION SERVICE THAT YOU KNOW, OR REASONABLY SHOULD KNOW, CANNOT BE LEGALLY DISTRIBUTED IN SUCH MANNER.
* FALSIFY OR DELETE ANY AUTHOR ATTRIBUTIONS, LEGAL OR OTHER PROPER NOTICES OR PROPRIETARY DESIGNATIONS OR LABELS OF THE ORIGIN OR SOURCE OF SOFTWARE OR OTHER MATERIAL CONTAINED IN A FILE THAT IS UPLOADED.
* RESTRICT OR INHIBIT ANY OTHER USER FROM USING AND ENJOYING THE COMMUNICATION SERVICES. 
* VIOLATE ANY CODE OF CONDUCT OR OTHER GUIDELINES WHICH MAY BE APPLICABLE FOR ANY PARTICULAR COMMUNICATION SERVICE. 
* HARVEST OR OTHERWISE COLLECT INFORMATION ABOUT OTHERS, INCLUDING EMAIL ADDRESSES, WITHOUT THEIR CONSENT.
* VIOLATE ANY APPLICABLE LAWS OR REGULATIONS.
NCWA HAS NO OBLIGATION TO MONITOR THE COMMUNICATION SERVICES. HOWEVER, NCWA RESERVES THE RIGHT TO REVIEW MATERIALS POSTED TO A COMMUNICATION SERVICE AND TO REMOVE ANY MATERIALS IN ITS SOLE DISCRETION. NCWA RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO ANY OR ALL OF THE COMMUNICATION SERVICES AT ANY TIME WITHOUT NOTICE FOR ANY REASON WHATSOEVER.

NCWA RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, IN NCWA’S SOLE DISCRETION.

ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN IN ANY COMMUNICATION SERVICE. NCWA DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, NCWA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. MANAGERS AND HOSTS ARE NOT AUTHORISED NCWA SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF NCWA.

MATERIALS UPLOADED TO A COMMUNICATION SERVICE MAY BE SUBJECT TO POSTED LIMITATIONS ON USAGE, REPRODUCTION AND/OR DISSEMINATION. YOU ARE RESPONSIBLE FOR ADHERING TO SUCH LIMITATIONS IF YOU DOWNLOAD THE MATERIALS.

MATERIALS PROVIDED TO NCWA OR POSTED AT ANY NCWA WEBSITE

NCWA DOES NOT CLAIM OWNERSHIP OF THE MATERIALS YOU PROVIDE TO NCWA (INCLUDING FEEDBACK AND SUGGESTIONS) OR POST, UPLOAD, INPUT OR SUBMIT TO ANY NCWA WEBSITE OR ITS ASSOCIATED SERVICES (COLLECTIVELY "SUBMISSIONS"). HOWEVER, BY POSTING, UPLOADING, INPUTTING, PROVIDING OR SUBMITTING YOUR SUBMISSION YOU ARE GRANTING NCWA, ITS AFFILIATED COMPANIES AND NECESSARY SUBLICENSEES PERMISSION TO USE YOUR SUBMISSION IN CONNECTION WITH THE OPERATION OF THEIR INTERNET BUSINESSES INCLUDING, WITHOUT LIMITATION, THE RIGHTS TO: COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, REPRODUCE, EDIT, TRANSLATE AND REFORMAT YOUR SUBMISSION; AND TO PUBLISH YOUR NAME IN CONNECTION WITH YOUR SUBMISSION.

NO COMPENSATION WILL BE PAID WITH RESPECT TO THE USE OF YOUR SUBMISSION, AS PROVIDED HEREIN. NCWA IS UNDER NO OBLIGATION TO POST OR USE ANY SUBMISSION YOU MAY PROVIDE AND MAY REMOVE ANY SUBMISSION AT ANY TIME IN NCWA’S SOLE DISCRETION.

BY POSTING, UPLOADING, INPUTTING, PROVIDING OR SUBMITTING YOUR SUBMISSION YOU WARRANT AND REPRESENT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO YOUR SUBMISSION AS DESCRIBED IN THIS SECTION INCLUDING, WITHOUT LIMITATION, ALL THE RIGHTS NECESSARY FOR YOU TO PROVIDE, POST, UPLOAD, INPUT OR SUBMIT THE SUBMISSIONS.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NCWA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NCWA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NCWA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE NCWA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NCWA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NCWA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NCWA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NCWA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NCWA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NCWA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NCWA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NCWA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NCWA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NCWA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NCWA WEBSITE.

SERVICE CONTACT:  Company Secretary - 

TERMINATION/ACCESS RESTRICTION

NCWA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO THE NCWA WEBSITE AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE. GENERAL TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE AUSTRALIAN CAPITAL TERRITORY, AUSTRALIA. AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN AUSTRALIAN CAPITAL TERRITORY IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE NCWA WEBSITE. USE OF THE NCWA WEBSITE IS UNAUTHORISED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH. YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND NCWA AS A RESULT OF THIS AGREEMENT OR USE OF THE NCWA WEBSITE. NCWA’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF NCWA’S RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE NCWA WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY NCWA WITH RESPECT TO SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND NCWA WITH RESPECT TO THE NCWA WEBSITE AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND NCWA WITH RESPECT TO THE NCWA WEBSITE. A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. IT IS THE EXPRESS WISH TO THE PARTIES THAT THIS AGREEMENT AND ALL RELATED DOCUMENTS BE DRAWN UP IN ENGLISH.

COPYRIGHT AND TRADEMARK NOTICES:

ALL CONTENTS OF THE NCWA WEBSITE ARE:
©2006-2012 NCWA | ABN 46 061 777 937 AND/OR ITS SUPPLIERS. ALL RIGHTS RESERVED.

TRADEMARKS

THE NAMES OF ACTUAL COMPANIES AND PRODUCTS MENTIONED HEREIN MAY BE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.

THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED HEREIN ARE FICTITIOUS. NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON, OR EVENT IS INTENDED OR SHOULD BE INFERRED.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. 


GENERAL TERMS AND CONDITIONS OF E-SALE
1. ALL GOODS AND SERVICES ("PRODUCTS") SUPPLIED BY NCWA ARE SUPPLIED ON THESE TERMS AND CONDITIONS, THE SUPPLY OF WHICH IS ALSO SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OF SALE.
 
2. NO ORDER SHALL BE BINDING ON NCWA UNTIL ACCEPTED BY NCWA. AN INDIVIDUAL CONTRACT FOR THE SUPPLY OF PRODUCTS, ON THESE TERMS AND CONDITIONS, IS FORMED ON ACCEPTANCE BY NCWA OF AN ORDER FROM THE CUSTOMER. NCWA RESERVES THE RIGHT TO ACCEPT ANY ORDER IN WHOLE OR IN PART. WHERE NCWA MAKES A PART DELIVERY OF ANY ORDER, SUCH DELIVERY SHALL CONSTITUTE A SEPARATE CONTRACT. NO ORDER MAY BE CANCELLED OR VARIED AFTER ACCEPTANCE BY NCWA.
 
3. ALL ORDERS MUST BE PAID FOR VIA VALID CREDIT CARD AT THE TIME OF ORDER PLACEMENT. ALL TRANSACTIONS ARE PROCESSED THROUGH A THIRD PARTY GATEWAY - AS INDICATED IN THE RELEVANT ORDER FACILITY.

4. OWNERSHIP OF THE PRODUCTS DOES NOT PASS TO THE CUSTOMER UNTIL THE CUSTOMER HAS DISCHARGED ALL OUTSTANDING INDEBTEDNESS, WHETHER IN RESPECT OF THE PRODUCTS OR OTHERWISE, TO NCWA. RISK IN THE PRODUCTS WILL PASS ON DELIVERY TO THE CUSTOMER.
 
5. NCWA RESERVES THE RIGHT TO CHARGE FOR DELIVERY OF THE PRODUCTS AT ANY TIME, NOTWITHSTANDING THAT IT MAY NOT HAVE PREVIOUSLY DONE SO. ADMINISTRATIVE FEES MAY ALSO BE IMPOSED FOR ORDERS UNDER CERTAIN DOLLAR VALUES. 

6. ANY PRODUCTS WHICH ARE DAMAGED OR DEFECTIVE, DELIVERED AFTER THEIR "USE BY" OR "BEST BEFORE" DATE, OR WHICH ARE NOT OTHERWISE IN ACCORDANCE WITH THE CUSTOMER’S ORDER, MAY BE RETURNED TO NCWA WITHIN 14 DAYS OF INVOICE DATE, AT NO COST TO THE CUSTOMER. PRODUCTS MAY NOT OTHERWISE BE RETURNED. 

7. EXCEPT FOR THOSE REQUIRED OR IMPLIED BY LEGISLATION, NCWA GIVES NO EXPRESS WARRANTY IN RELATION TO PRODUCTS AND SERVICES SUPPLIED TO THE CUSTOMER, AND THE CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY OR ON BEHALF OF NCWA. CERTAIN LEGISLATION MAY IMPLY CONDITIONS AND WARRANTIES INTO THESE TERMS AND CONDITIONS. TO THE EXTENT THAT SUCH CONDITIONS AND WARRANTIES MAY LAWFULLY BE EXCLUDED, ALL SUCH CONDITIONS AND WARRANTIES ARE EXPRESSLY EXCLUDED. THE LIABILITY OF NCWA UNDER OR ARISING OUT OF THE SUPPLY OF GOODS AND SERVICES FOR BREACH OF ANY TERM, CONDITION OR WARRANTY IMPLIED IN OR IMPOSED UPON THE SUPPLY OF GOODS AND/OR SERVICES BY LEGISLATION, SHALL BE LIMITED, AT THE OPTION OR NCWA TO:
(A) IF THE BREACH OR LIABILITY RELATES TO GOODS:
       (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;
(B) IF THE BREACH OR LIABILITY RELATES TO SERVICES;
       (I) THE SUPPLYING OF THE SERVICES AGAIN; OR
       (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. 

1. EXCEPT AS EXPRESSLY PROVIDED ABOVE, NCWA SHALL NOT BE UNDER ANY LIABILITY TO THE CUSTOMER IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE OR LOSS OF PROFITS) HOWEVER CAUSED, WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN RESPECT OF THE PRODUCTS, ANY SERVICES SUPPLIED BY NCWA OR THE FAILURE OF NCWA TO COMPLY WITH THESE TERMS AND CONDITIONS.
2. THESE TERMS AND CONDITIONS WILL APPLY TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS CONTAINED IN THE CUSTOMER’S ORDER. IN THE EVENT OF ANY INCONSISTENCY, NCWA WILL BE DEEMED, BY DELIVERING THE PRODUCTS TO THE CUSTOMER OR SUPPLYING SERVICES TO THE CUSTOMER, TO HAVE MADE AN OFFER TO THE NCWA RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME.
3. NCWA RESERVES THE RIGHT TO RECOVER FROM THE CUSTOMER ALL GOODS AND SERVICES TAX ("GST") PAYABLE IN RESPECT OF THE SUPPLY OF GOODS AND SERVICES TO THE CUSTOMER.
4. THESE TERMS AND CONDITIONS ARE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE AUSTRALIAN CAPITAL TERRITORY (ACT) AND THE PARTIES AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS OF THAT TERRITORY.
5. THE FAILURE BY NCWA TO EXERCISE, OR ANY DELAY IN EXERCISING, ANY RIGHT, POWER OR PRIVILEGE AVAILABLE TO IT UNDER THESE TERMS AND CONDITIONS WILL NOT OPERATE AS A WAIVER THEREOF OR PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT OR POWER.