The following provisions govern your use of www.onlineflooringstore.com.au (the "Online Flooring Store Web Site") and all other services made available to you through the Online Flooring Store Web Site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Online Flooring Store Web Site.
By using the Online Flooring Store Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and Online Flooring Store Pty Ltd (ACN 625 139 068) of 7/41 Township Dr, Burleigh Heads, QLD 4220, Australia ("we" or "us").
If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the Online Flooring Store Web Site. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the Online Flooring Store Web Site constitutes your acceptance of and agreement to any revised Terms and Conditions.
Copyright and Trade Marks
The entire contents and design of the Online Flooring Store Web Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The Online Flooring Store Web Site is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained on the Online Flooring Store Web Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner.
You may not use any of the information or content on the Online Flooring Store Web Site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
The Online Flooring Store Web Site is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the Online Flooring Store Web Site is accurate, complete, appropriate, reliable or timely.
We also make no representation or warranty that your access to and use of the Online Flooring Store Web Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the Online Flooring Store Web Site at any time without notice.
Use of the Online Flooring Store Web Site
Your use of the Online Flooring Store Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Online Flooring Store Web Site.
Neither we nor anyone else involved in creating, producing or delivering the Online Flooring Store Web Site, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the Online Flooring Store Web Site.
We have made every effort to display as accurately as possible the colours and images of our products on our website. We cannot guarantee that your computer monitor's display of any colour will be accurate. Some slight variations between what is displayed online, and physical products, may occur.
You must not use any means of automatically searching or mining data from the Online Flooring Store Web Site or in any way interfere or attempt to interfere with the proper operation of the Online Flooring Store Web Site. You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Online Flooring Store Web Site, our systems or data or those of any third party via the Online Flooring Store Web Site.
We strive to provide valuable and accurate information. The editors of the material contained in the Online Flooring Store Web Site have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Online Flooring Store Web Site neither we nor any other party involved in the preparation of material contained in the Online Flooring Store Web Site or in our e-newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
Consumers reading articles or other material posted on the Online Flooring Store Web Site or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Online Flooring Store Web Site or our e-newsletters is intended as professional advice.
We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional we recommend through our network of flooring installers and layers. We rely on the professionals to provide accurate information and assume no responsibility for verifying the information provided. Use of our flooring installers or layers is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.
The Online Flooring Store Web Site may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the Online Flooring Store Web Site and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
You (as Customer) agree and acknowledge that:
- Unless otherwise specified, flooring installation or laying (Services) is provided by third party providers, who are independent third parties and are not employed by or agents of Online Flooring Store;
- Any agreement to provide the Services is between the Customer and third party provider only;
- The Services may also be subject to any terms and conditions between the Customer and the third party provider of those Services;
- Your use of the Online Flooring Store website for Services is subject to Online Flooring Store's terms and conditions, including the disclaimers, limitations of liability and indemnities by you under those terms and conditions;
- Online Flooring Store has no obligation to deliver the Services, and makes no representation or warranty, and accepts no liability whatsoever in respect of the Services or any Job (except to the extent that cannot be excluded under any consumer law or other law, which shall remain in full force and effect).
Designated Copyright Representative
The Copyright Regulations 1969 (Cth) establish a safe harbour scheme which limits the remedies available against carriage service providers for copyright infringement relating to certain online activities. Our designated representative to receive notifications and notices issued under that scheme in relation to all activities carried out by us as a carriage service provider is:
Postal address: 7/41 Township Dr, Burleigh Heads, QLD 4220, Australia
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Online Flooring Store Web Site using your service account.
Waiver, Release and Limitation of Liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Online Flooring Store Web Site. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the Online Flooring Store Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the Online Flooring Store Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Online Flooring Store Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Online Flooring Store Web Site, or resulting from the act or omission of any other party involved in making the Online Flooring Store Web Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Online Flooring Store Web Site or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Advertisers and sponsors of the Online Flooring Store Web Site and/or its e-newsletters have no influence on editorial content or presentation.
- You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
- Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
- We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the Online Flooring Store Web Site. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
- If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
- These Terms and Conditions are governed by the laws of New South Wales, Australia.
Last updated on 26/08/2018.