Terms of Service
Effective Date: March 31, 2025
1. Acceptance of Terms
Welcome to the Burleigh Beach Designs website (https://www.burleighbeachdesigns.com) (the "Site"). This Site is owned and operated by McDonald Architecture Pty Ltd (trading as Burleigh Beach Designs) ("we", "us", "our").
By accessing or using this Site, you agree to be bound by these Terms of Service ("Terms") and our separate Privacy Policy. If you do not agree with any part of these Terms, you must not use this Site.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
2. Use of the Website
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Prohibited behaviour includes:
- Using the Site for any fraudulent or unlawful purpose.
- Transmitting any material that is defamatory, offensive, or otherwise objectionable.
- Attempting to interfere with the proper working of the Site, including introducing viruses, trojans, worms, or other malicious code.
- Attempting to gain unauthorised access to any portion of the Site or any systems or networks connected to the Site.
- Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site content without our express written permission.
3. Intellectual Property Rights
All content included on this Site, such as text, graphics, logos, images (including architectural drawings, photographs, and renderings), audio clips, video, data, music, software, and other material (collectively "Content") is the property of McDonald Architecture Pty Ltd or its content suppliers and protected by Australian and international copyright and trademark laws.
The compilation of all Content on this Site is the exclusive property of McDonald Architecture Pty Ltd. You may not systematically extract or re-utilise parts of the Content without our express written consent. Specifically, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Site without our express written consent.
The Burleigh Beach Designs name and logo are trademarks of McDonald Architecture Pty Ltd. They may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits us.
4. Disclaimers
Information Accuracy: The Content on this Site is provided for general information purposes only. 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 Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
No Professional Advice: The Content does not constitute professional architectural, financial, or legal advice. You should consult with a qualified professional from Burleigh Beach Designs or another appropriate advisor before making any decisions based on information found on this Site. Viewing the Site or contacting us via the Site does not create an architect-client relationship.
Third-Party Links: This Site may contain links to external websites that are not provided or maintained by or in any way affiliated with us. Please note that we do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. We are not responsible for the content or privacy practices of such other sites.
No Warranty: The Site is provided on an "as is" and "as available" basis without any warranties of any kind, including that the Site will operate error-free or that the Site, its servers, or the Content are free of computer viruses or similar contamination or destructive features.
5. Limitation of Liability
To the maximum extent permitted by law, McDonald Architecture Pty Ltd (trading as Burleigh Beach Designs), its directors, employees, consultants, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Site;
- Any conduct or content of any third party on the Site;
- Any Content obtained from the Site; and
- Unauthorised access, use, or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified (a "Non-Excludable Provision"). If a Non-Excludable Provision applies, our liability is limited, to the extent permitted by law, to the re-supply of the relevant services or information.
6. Privacy
Your privacy is important to us. Our collection and use of personal information in connection with your access to and use of the Site is described in our Privacy Policy.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Queensland to resolve any legal matter arising from the Terms.
8. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Entity: McDonald Architecture Pty Ltd (trading as Burleigh Beach Designs)
- Email: info@burleighbeachdesigns.com