TERMS AND CONDITIONS

1. User Agreement
2. Registration and User Consent
3. Access and use of the Website
4. Information on this Website
5. Disclaimer and Liability
6. Indemnity
7. Social Media and Content
8. Intellectual Property
9. General
10. Privacy and Personal information

Last updated: April 2025

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1. User Agreement

1. a. By using the WINDJIL website (and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and WINDJIL Pty Ltd (referred to in this Agreement as "we", "us","our" or "WINDJIL"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

2. Registration and User Consent

1. By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time.
2. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as When you visit Windjil's website or contact us, you are communicating with us electronically.
3. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Access and use of the Website

1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
2. You must not (or attempt to):
   1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
   2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
   3. interfere (or attempt to interfere) with security-related or other features of our site;
   4. or use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
4. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

4. Information on this Website

1. You agree to make your own enquiries to verify information provided and to assess the suitability of services before you utilise our services.

5. Disclaimer and Liability

1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
   1. errors, mistakes or inaccuracies on the Website or our social media pages;
   2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
   3. personal injury or property damage of any nature resulting from your access to or use of the Website;
   4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
   5. any interruption or cessation of transmission to or from the Website;
   6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
   7. the quality of any product or service of any linked sites.
2. Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the maximum extent permitted by law.
3. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

6. Indemnity

1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

7. Social Media and Content

1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material ("Social Media"), is the sole responsibility of the person from whom such content originated.
2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
   1. you do not have the right to post;
   2. is defamatory or in contempt of any legal or other proceedings;
   3. is misleading or deceptive;
   4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
   5. denounces religious or political beliefs;
   6. contains religious or political material;
   7. is indecent, obscene, vulgar, pornographic or offensive;
   8. infringes any copyright, trademark, patent or other intellectual property right of another person;
   9. contains any unsolicited or unauthorised advertising or promotional material;
   10. contains or links to viruses, malware, spyware or similar software; or
   11. impersonates any person or misrepresents your relationship with any person.
4. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

8. Intellectual Property

1. All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to WINDJIL, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
3. You may not:
   1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website;
   2. and/or decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

9. General

1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
2. This Agreement will be governed by and interpreted in accordance with all applicable laws of the state of Victoria, Australia.
3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any
5. waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

10. Privacy and Personal information

1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.