Terms and Conditions
By accessing or using connectfurniture.com.au (“the Website”) you agree to be bound by these terms and conditions of use as amended from time to time. Should you object to any of our terms and conditions of use or other notices on the Website your sole option is to immediately cease your use of the Website.
Copyright and trademarks
Copyright in the material and trademarks on the Website are owned by ConnectFurniture Pty Ltd ABN 33 134 158 151 (“CF”) unless otherwise indicated and you agree not to infringe any intellectual property rights owned by CF.
No warranty as to accuracy or reliability
CF endeavours to ensure that all information on its website is accurate. However neither it nor its related entities make no warranty as to the accuracy or reliability of the information contained on the Website (including, but not limited to, any content or information generated on the Website by or on behalf of CF, and any Third Party Content on the Website) and CF and its related entities, directors, officers and agents disclaim all liability and responsibility (to the extent permitted by law) for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the Website.
CF provides no warranty that the services available through the Website will be error free or uninterrupted, or that defects in the service will be corrected. CF cannot and does not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of software that contains contaminating or destructive properties such as viruses, worms, Trojan horses or other potentially damaging code. You are responsible for implementing sufficient procedures and protective measures to meet your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the recovery and reconstruction of any lost data.
No guarantees or endorsements of sites or services we link to or that link to us
CF may provide advertising, links and pointers to Internet sites maintained by third parties. Such linked sites are not under the control of CF and CF is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. The inclusion of any links on the CF Website does not imply endorsement by CF of the linked site. CF is not responsible for the compliance with Copyright or other laws of any linked site. CF will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party. When you link to those websites you leave our Website and do so entirely at your own risk.
Information for personal, non-commercial use only
You agree that information contained on the Website is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of third party contact details for unsolicited commercial correspondence). You may download material from the Website for your personal use only, provided you keep intact all copyright and other proprietary notices.
Restrictions on use of the Website
In accessing or using the Website you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
(d) use any content on, or index the Website for purposes of constructing or populating a searchable database of furniture or competing with us in any manner;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use the Website or any content from the Website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose for which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law;
(j) reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any content on the Website, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
Third Party Content
The Website contains content provided to CF by other parties ("Third Party Content"). CF does not have a practice of monitoring or making inquiries about Third Party Content. CF is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of CF. You rely on Third Party Content completely at your own risk.
Our rights to use information you send us
CF welcomes ideas and feedback from you about all aspects of the Website. If you provide comments, feedback or ideas for new or improved products and services (Contributions) to CF, whether through any public areas of the Website (such as blogs, bulletin boards, forums and newsgroups), email or another communication medium, you agree that CF may adopt, reproduce, distribute, transmit, create derivative works of, and publicly display such Contributions. However, we will only do so in compliance with our Privacy Policy. (Please read our Privacy Policy for more information about how we deal with personal information you send to us.)
No guarantees as to security of your information
While CF takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on CF systems or on CF's Site. CF disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Your responsibility for your password and login
To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. You are also entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions available to you on the Website. You may also change your login by contacting us through the contact details provided on the Website.
You agree to immediately notify CF of any unauthorised use of your login name or any other breach of security known to you.
User warranties
You represent and warrant that:
(a) the information you supply on registration is accurate in all respects;
(b) if any of that information changes you will promptly notify CF in writing of the changes;
(c) your use of the Website will comply at all times with these Terms and Conditions and any directions published from time to time by CF on the Website;
(d) you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
(e) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to CF;
(f) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise CF to display your Contributions; and
(g) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of the Website.
Indemnity
You agree to indemnify CF, CF’s subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms.
Policy for Linking to Our Websites
Hyperlinks enhance the user's experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content.
However, in using hyperlinks, we:
Attribute the original source of the hyperlink where it points to third party content.
Do not claim ownership or rights to content belonging to other parties.
We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
Please do:
Link to our content directly. We encourage direct links.
Comply with all copyright, trade mark or other applicable laws.
Use the title or headline of the content to which you are linking, as long as you link directly to that content.
Please do not:
Attribute a link to CF content as being a link to your own or someone else's content (for example, use your own logo to link to our content).
Attribute a link to our site and then link somewhere else.
Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.
Limitation of liability
Certain rights and remedies may be available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, CF excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL CF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF CF AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
Responsibility to You is Limited
General provisions
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.