Website Terms of Use

References below to Decorators Market, we or us are references to Decorators Market and/or its associated entities, as appropriate.

About the www.decoratorsmarket.com.au website (Website)

This Website is created and controlled by Decorators Market Pty Ltd (ABN 38 612 394 340) its successors and assignees, (we or us). We publish information regarding the products and services that we offer. We publish this information as an introductory guide to the kinds of products and services we can provide to existing and prospective customers.

Whenever you access or use this Website, you agree to these Website Terms of Use. The date of these Website Terms of Use is set out below. We may change these Website Terms of Use at our discretion. By continuing to use this Website you accept the Website Terms of Use as they apply from time to time.

Information

The information contained on this Website may change from time to time, without prior notice. Any information on products and services is an invitation to treat only. The information contained in this Website has been compiled by us in good faith and we have attempted to ensure that it is accurate at the time of its inclusion. However, the information is provided “as is” and may contain errors or may not be current at the time that it is accessed. Decorators Market recommends that any user seek independent professional advice before making any decisions based on the information.

Security

The transmission of information over the Internet is not completely secure or error free. In particular, emails to or from Decorators Market and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails to/from Decorators Market may undergo email filtering and virus scanning, including by third-party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Your warranties

You warrant to us that you have the legal capacity to enter these Terms and form a binding contract, and that you have read, understood and agree to comply with these Terms, before using the Website.

Liability

To the maximum extent permitted by law, we will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with, the use of this Website or the use or reliance on information, including any publication or release, contained on or linked to from this Website. Further, we do not endorse or accept any liability for the contents of any Website referred to on, or linked to from, this Website.

Decorators Market does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.

If any law implies a condition or warranty into these Website Terms of Use which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant product or service again or the payment of the cost of having that product or service re-supplied.

Content and License

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Website for your personal, non-commercial use, in accordance with these Terms. You may download and print content from this Website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website without our prior written consent.

Linking and Framing

This Website may contain links to other Websites and may on occasion display content or information from other Websites within frames on this Website. We are not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.

You may link to our Website provided you do so in a way that accurately indicates that the link is to the Decorators Market home page and is not misleading.

Copyright and Intellectual Property Rights

(a)   Our Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Website.  We own the copyright which subsists in all creative and literary works that are displayed on the Website.

(b)   You agree that, as between you and us, we own all intellectual property rights in the Website, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Website does not grant you a licence or act as a right of use of any of the intellectual property, whether registered or unregistered, that are displayed on the Website without the express written permission of the owner.

(c)   You must not breach copyright or intellectual property rights, including but not limited to, that you must not:

i.     alter or modify any of the code or the material on the Website;

ii.   create derivative works from the content of the Website; and

iii.  use our Website for commercial purposes.

(d)   You may republish, copy, distribute, transmit, or publicly display, in hard copy, soft copy or online) material on the Website, as expressly authorised in writing by us, or as expressly provided by us on the following grounds:

i.    you must make no alterations to the material;

ii.   you must attribute the material to our Website, including linking back to our Website where possible; and

iii.  you must not do so in way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Website, into disrepute.

Your content

If you choose to add any content on the Website, you:

(a)    warrant to us that you have all necessary rights to post the content;

(b)    grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and

(c)    you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

Third party information

The Website may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information).  We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.  You should make your own investigations with respect to the suitability of Third Party Information for you.

Third Party links and Websites

This Website may contain links to Websites owned by third parties (Third Party Websites).  We do not control, recommend, endorse, sponsor or approve Third Party Websites, including any information, products or services mentioned on Third Party Websites.  You should make your own investigations with respect to the suitability of Third Party Websites for you.

Reservation of Rights

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Websites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion. 

Prohibited Conduct

You must not:

(a)    use the Website for any activities, or to post or transmit any material from the Website:

i.     unless you hold all necessary rights, licences and consents to do so;

ii.   that infringes the intellectual property or other rights of any person;

iii.  that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

iv.  that defames, harasses, threatens, menaces, offends or restricts any person;

v.   that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

vi.  that would bring us, or the Website, into disrepute.

(b)    interfere with or inhibit any user from using the Website;

(c)    use the Website to send unsolicited email messages; or

(d)    attempt to or tamper with, hinder or modify the Website, attempt to or knowingly transmit viruses or other disabling features, or damage or interfere with the Website in any way including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Website.

Cookies

We may use cookies to identify your computer on our server and so we can track your use of this Website. In some instances cookies may collect and store personal information about you. Such personal information will only be used by Decorators Market in accordance with our Privacy Policy.

Privacy

Any personal information we collect about you via this Website or otherwise will only be used and disclosed by Decorators Market in accordance with our Privacy Policy. Please read our Privacy Policy, available on our Website, for information including what information we collect, how we store it, how we use it, and the circumstances in which we may disclose it. By agreeing to the Terms, you agree to accept our Privacy Policy.

Delays and outages

We are not responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Website will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Website in whole or in part.  We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

Disclaimer

The Website is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.  We do not warrant that the functions contained in any material on the Website or your access to the Website will be error free, that any defects will be corrected, that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Website will operate on a continuous basis or be available at any time.  While we endeavour to keep the Website and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

(a)    the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Website for any purpose;

(b)    Third Party Information; or

(c)    Third Party Websites.

You read, use, rely on and act on information contained on the Website, Third Party Information and/or Third Party Websites, strictly at your own risk.

Indemnity: By using the Website, you agree to defend and indemnify and hold us (and our owners, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a)      your use of or access to the Website;

(b)     any breach by you of these Terms; or

(c)     any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Breach:  You may only use the Website for lawful purposes and in a manner consistent with the nature and purpose of the Website.  By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.  If you do not think they are reasonable you must not use this Website. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal.  If you breach the Terms, we reserve the right to block you from the Website and to enforce our rights against you.  If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you.  All rights not expressly granted in the Terms are reserved.

Exclusion of Competitors:  You are prohibited from using our Website, including our information, in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use.  We reserve the right to exclude any person from using our Website and Information, in our sole discretion.

Disputes:  You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

Governing Law

These Website Terms and Conditions are governed by the laws of New South Wales, Australia, and in the event that we have a legal dispute relating to this Website or these Website Terms and Conditions, New South Wales courts will have non-exclusive jurisdiction.

General:  If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.  If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.  Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

Last update: 25th October 2016

Decorators Market Pty Ltd (ABN 38 612 394 340)

[email protected]

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