Terms | Umbrella

Disclaimer, Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ENGAGING OUR SERVICES.

Welcome to our Website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Umbrella’s relationship with you in relation to your use of this website

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Umbrella”, “Us”, “Our” and “We” refers to Umbrella (ABN 68 121 450 628) and “You” and “Your” refers to you, the client, website user or person using our website.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will Endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Umbrella’s rights and obligations to each other.

Services

Umbrella provides a service by which you may coordinate home repairs or maintenance services to be provided by a third-party service provider.

The third-party service providers are independent contractors and are not employees, partners, representatives, agents, joint venturers or franchisees of Umbrella. Umbrella does not perform contractor services and does not employ individual persons to perform contractor services. You acknowledge and agree that we do not direct, control or supervise a third-party service provider’s work and, expressly disclaims any responsibility and liability for the work performed and the services in any manner, including but not limited to any warranty or condition of good and services, warranty or condition of quality or fitness for a particular purpose, warranty of merchantibility, or compliance with any law, regulation, or code related to a third-party service provider’s work.

Payment for Services

We will facilitate payment on behalf of the third-party service providers as such Third Party Provider’s limited payment collection agent. Payment in such manner shall be considered the same as payment made directly by you to the Third Party Provider.

Disclaimer of Warranties and Limitation of Liability

To the full extent permissible by law, Umbrella and its representatives disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the full extent permissible by law, Umbrella and its representatives will not be liable for any damages of any kind arising from the use of our services, or from any information, content, materials, products, services and other offerings included on or otherwise made available to you through the our platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, unless otherwise specified in writing.

If, notwithstanding the foregoing, it is determined that Umbrella and its representatives are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Umbrella during the twelve (12) months prior to the time such claim arose, to the extent permitted by applicable law.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Umbrella and its Representatives, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all any claims, demands, damages, expenses, losses, incurred in connection with your use or inability to use our services, website or its content.

DIY & Troubleshooting Disclaimer

Umbrella's tips, videos and other web content (collectively, "DIY & Troubleshooting Content") is provided to help take the hassle out of home ownership and maintenance. DIY & Troubleshooting Content is provided by Umbrella to you for informational purposes only. When referencing DIY & Troubleshooting Content, you should always take appropriate safety precautions, exercise good judgement, and ensure your project complies with any applicable federal, state, or local laws and regulations. Umbrella and its affiliates expressly disclaim any responsibility and any liability related to any outcome, error, or omission in connection with the DIY & Troubleshooting Content.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer law, in particular Sections 51 to 53, 64 and 64A of part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Umbrella’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and purchase any goods or services.

Links to Other Website

Umbrella may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Umbrella and the owners of the websites. Umbrella takes no responsibility for any of the content found on the linked website.

Your Privacy

You consent to Umbrella making your contact details, location, requested time and the scope of the service available to its third-party service providers to facilitate your service request.

At Umbrella, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Umbrella respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988(Commonwealth). Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Umbrella’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Umbrella collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties

Umbrella does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identity user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

Disclose your information

Umbrella may be required, in certain circumstances, to disclose information in good faith and where Umbrella is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Umbrella, its customers or third parties.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purpose of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website.

Umbrella expressly reserves all copyright and trademarks in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the websites as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and Umbrella concerning your use and access to Umbrella’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the commonwealth or any Stare or Territory. All implied terms except those implied by statue and which cannot be expressly excluded are hereby excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute by illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other State or Territories. The deemed exclusion of any term or modify pursuant to this enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This agreement and this website are subject to the laws of Australia. If there is a dispute between you and Umbrella that results in litigation then you must submit to the jurisdiction of the courts of Australia.

Website Disclaimers & Notices

The information contained in this website is for general information purposes only and is provided by Umbrella. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or the products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the use of this website.

Through this website you may be able to link to other websites which are not under the control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Umbrella takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to the technical issues beyond our control.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local Hard disk extracts for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of material.

You may not, except with our express with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

Limitation of Liability

It is an essential pre –condition to you using our website that you agree and accept that Umbrella is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain in accuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Disclaimer

To the fullest extent permitted by law, Umbrella absolutely disclaims all warranties, expressed or implied warranties of merchantability and fitness for any particular purpose. Umbrella gives no warranty that the documents will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or nay other harmful components.

Whilst we, at all times Endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representation regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Umbrella to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not apply to you but you must ensure you are aware of any risk you may be taking by using this website. It is your responsibility to do so.

DIY & Troubleshooting Disclaimer