This Boral and/or Found mobile/web based application (“Boral App”) is owned and operated by Boral Limited and its related body corporates (“Boral Group”), associated entities and complementary businesses (collectively “Boral”, “we” or “us”). Each reference in the Terms of Use to the “Boral App” includes all materials that we make available to you on or through the Boral App.
Before you use the Boral App, please read these Terms of Use as they contain important information about how we interact with you as well as obligations regarding your use of the Boral App and associated software and services. By using the Boral App, you agree to be subject to and to comply with these Terms of Use. If you do not agree to be subject to or comply with these Terms of Use, you are not authorised to and may not use the Boral App.
These Terms of Use include terms that limit our liability to you and permit us to disclose your personal information to third parties (in accordance with our Privacy Policy).
Your obligations
You must comply with any instructions we give you about how to use the Boral App and must not do or omit to do anything that interferes with or adversely affects the normal operation of the Boral App (including the ability of other users to access or use it).
We cannot guarantee any file, data or program available for download from the Boral App (or any linked website) is free of viruses and accept no responsibility for any loss or damage that may arise from your use of them. You are responsible for ensuring the security of the systems and devices that you use to access the Boral App, including through use of appropriate virus-checking, password protection and other security software.
Right to Suspend or Terminate Access
We may suspend, terminate or block your access to all or any part of the Boral App at any time, acting reasonably. The Boral App may be unavailable from time to time, without prior notice, in the event of technical difficulties or for the purpose of routine maintenance or other reasonable cause.
Intellectual Property
All of the intellectual property rights in and to the Boral App (including without limitation, any of our trade marks displayed on the Boral App and any and all copyright over code or content), belongs to the Boral Group and our licensors.
Boral does not grant you any intellectual property rights in the Boral App, its interface, layout, code, design, content or other proprietary information of the Boral Group. You may download or print sections of the Boral App if needed for your own personal use, but otherwise you may not:
- reproduce any part of the Boral App (including not using any trademark or other proprietary information (including images, text, page layout, code or form) found on or in the Boral App and
- use any meta tags or any other “hidden text” utilising any Boral Group member’s name or trademarks
without our prior written consent.
Subject to your compliance with these Terms of Use, Boral grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Boral App. This license does not include:
- any resale of any services provided by or through the Boral App
- the resale or sublicensing of any of content or any rights in or to the Boral App,
- any collection and use of any product listings, descriptions, or prices,
- any downloading, copying or other use of account information for the benefit of any third party, or
- any use of data mining, robots, or similar data gathering and extraction tools.
You may not modify, reverse engineer, decompile or disassemble the whole or any part of the Boral App, or create any derivative works from the Boral App. Neither the Boral App may nor any of its underlying code or intellectual property may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Boral and you must not do or facilitate the doing of any of these acts.
All rights not expressly granted to you in these Terms of Use are reserved and retained by the Boral Group.
Liability
While we will use reasonable care and skill in operating the Boral App, we cannot promise that it will always be available or completely free of faults or errors.
To the maximum extent permitted by law, except as expressly set out in these terms of use, we exclude:
- All conditions, representations and warranties, whether express or implied, in relation to the Boral App and its content (including any warranties as to accuracy or completeness); and
- Any and all liability (whether in contract, tort (including negligence), or otherwise) for any indirect or consequential loss, damage or expense incurred by you or any other user in connection with the Boral App (including any interference with or damage to your computer system, iPhone, iPad, Android device or other electronic device).
To the extent that we are unable by law to exclude any liability, we limit our liability to the resupply of the relevant information or services.
Prices listed on the Boral App and terms and conditions of any kind relating to products displayed on the Boral App may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Boral. We make no representation that the products listed in the Boral App are currently available. We reserve the right to change any information on the Boral App at any time including, but not limited to, prices.
You release us to the fullest extent permitted by law from any and all claims arising out of or related to any use of material or information made available through the Boral App.
Nothing in these Terms of Use restricts, excludes, modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth).
User access via SMS
Your use and access to the Boral App requires you to verify your identity by entering a one-time password sent to your registered mobile phone number using standard messaging and data rates.
Boral is not responsible for any delays, errors, or failures in the delivery of SMS authentication codes due to factors beyond its control, including without limitation network congestion, mobile carrier issues or user device settings.
You are responsible for maintaining the confidentiality and security of your registered mobile phone number and updating it if it changes to ensure uninterrupted and secure access to the Boral App. You are also responsible for restricting access to the Boral App and reporting any suspected unauthorised use of your mobile phone number or Boral App account immediately to Boral. You agree to take responsibility for all activities that occur under your Boral App account.
When you use the Boral App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. If you have any questions you may contact us on privacy.officer@boral.com.au.
You release the Boral Group to the fullest extent permitted by law from any and all claims arising out of or related to the use of the Boral App (or inability to use the Boral App), or of any material or information made available through the Boral App.
Links
The Boral App may contain links to external Internet websites operated by third parties who are not associated with us. These links are provided for your information only and Boral does not sponsor, guarantee, approve of any material or representations on or have control over those websites or the services made available through them.
We do not warrant that material on linked sites is free of any computer virus, defects or infringements and accept no responsibility for them or for any loss or damage that may arise from your use of them. You must not link to our website without our express prior permission.
Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protection that Boral App establishes are expressly prohibited. If you wish to use a graphic to link to the Boral App you must first obtain our permission.
You must not attempt to change, reproduce, add to, remove, hack or otherwise interfere with the Boral App or its content. You must use the Boral App in compliance with all applicable laws.
Privacy
We will manage any personal information that we collect through the Boral App in accordance with our Privacy Policy, available here.
We may use cookies to gather data in relation to the Boral App and you consent to us doing so (although you may be able to disable this function).
By using the Boral App, you consent to receive communications from us electronically, such as e-mails, texts and mobile push notifications. 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.
We may update the Boral App from time to time and when we do so, we may automatically install updates to the Boral App, or prompt you to install the updates. Some of these may be to maintain the security of the Boral App and failure by you to install such updates may lead to security risks. Boral is not liable for any failure by you to install updates.
General
We may also modify, suspend or discontinue the Boral App, in whole or in part, at any time without notice.
Your rights under this agreement, including any licences granted in, to or by the Boral App, will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must cease all use of, and we may immediately revoke your access to the Boral App without notice to you. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights. We may amend these Terms of Use at our sole discretion by notice to you. Your continued use of the Boral App after the effective date of the revised Terms of Use constitutes your acceptance of them.
Governing Law
These conditions are governed by laws of the State of New South Wales, Australia and will be subject to the non-exclusive jurisdiction of the courts of that place.