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Terms and Conditions for using the Décor Website
This website (http://www.decor.com.au) (the Décor Website) is maintained by The Décor Corporation Pty Ltd (ACN 004 231 109) (Décor).
Your use of the Décor Website is governed by the provisions contained in these terms and conditions and also by the Décor Privacy Policy as it applies to users of the Décor Website (together, the Terms and Conditions). Please take the time to review them. By using or accessing the Décor Website you agree to be bound by all these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not access or otherwise use the Décor Website.
Décor may modify the Terms and Conditions at any time, by posting modified Terms and Conditions on the Décor Website, and the modified Terms and Conditions will take effect immediately upon being posted. You should check the Décor Website for such changes frequently. Your continued access to, and use of, the Décor Website after such changes, conclusively demonstrates your acceptance of those changes.
Access to and use of the Décor Website
You may access and use the Décor Website solely pursuant to these Terms and Conditions for your personal, non-commercial use. Any other use requires prior consent from Décor, which may be granted or withheld in Décor's absolute discretion. You must not use the Décor Website for any purpose or in any way prohibited by these Terms and Conditions or that is unlawful under Australian law or any other laws that apply to you.
Intellectual Property
All rights are reserved. Apart from reproductions specially permitted by or otherwise not infringing applicable copyright legislation, no material on this Décor Website may be reproduced in any form without the prior written permission of Décor.
Décor has a stringent policy of registering and protecting its intellectual property rights both in Australia and in other major markets. Thus most of the Décor products shown or referred to on the Décor Website are the subject of patent, design and/or trademark registrations or applications, in Australia and/or in certain overseas countries. Product designs may also be the subject of the automatic copyright protection granted under Australian copyright legislation and similar legislation in other countries. In addition, automatic copyright protection also covers various materials included on this Décor Website. Information does not represent advice; limitation of liability
You acknowledge and agree that information published by Décor is intended to provide general information in summary form only. Décor does not warrant the accuracy, adequacy or completeness of any information provided on the Décor Website or that any information is suitable for the requirements of users (including their specific dietary needs). It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Décor Website or on the internet generally.
To the fullest extent allowable by law, Décor will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Décor Website or for any other use by you or anyone else of the Décor Website or the content or services offered or provided by it.
No guarantees of product availability
Décor gives no guarantee to you of the availability or continuing availability of any particular item advertised on the Décor Website. Décor will not be liable to you should any product be out of stock or discontinued at any time, prior to removal of the advertisement from the Décor Website.
No endorsement of third party sites
Décor may provide links and pointers to Internet sites maintained by third parties from the Décor Website. Such linked sites are not under the control of Décor and Décor is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Décor is providing these links to you only as a convenience, and the inclusion of any link does not imply approval or endorsement by Décor of the linked site. Décor is not responsible for the copyright compliance of any linked site. Décor 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.
Disclaimer
Any information or pricing detailed on the Décor Website is updated regularly in an effort to ensure that it is up to date. However, any errors, omissions or irregularities on the Décor Website are strictly non-binding on Décor, to the fullest extent permissible by law. Where errors, omissions or irregularities occur the information provided to you at the point of sale will take precedence over what has been provided on the Décor Website.
At no point is the information on the Décor Website intended to constitute a contractual agreement between Décor and any other person, except to the extent expressly stated to the contrary.
No website service guarantee
Décor provides no warranty to you that the services generally available through the Décor Website will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Décor cannot and does not guarantee or warrant to you that any files available for downloading through the Décor Website or delivered via electronic mail from Décor (including through the Décor Website) will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Décor Website for the reconstruction of any lost data.
Our rights to use information you send us
Décor welcomes ideas and feedback from you about all aspects of the Décor Website. You agree that Décor may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to the Décor Website or by email to Décor, subject to the Décor Privacy Policy. You acknowledge that you have full responsibility for any submissions or communications you make to the Décor Website or by email to Décor, including its legality and reliability and that you are not breaching any third party rights (including intellectual property rights) when you communicate with Décor.
No guarantee as to the security of your information
While Décor takes 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 Décor systems or on the Décor Website. Décor disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Indemnity
To the fullest extent allowable by law, you agree to indemnify and to keep Décor indemnified for any third party claim or demand, right of action or claim for compensation made against Décor and for any injury, direct or indirect damage, loss, cost or expense or liability suffered by Décor in connection with your use of the Décor Website, your breach of these Terms and Conditions or your breach of any rights of third parties.
General Provisions
The Terms and Conditions are governed by the laws of Victoria Australia, even if you are not located or resident in Victoria. Each party submits to the jurisdiction of courts exercising jurisdiction there, and waives any right to claim that those courts are an inconvenient forum.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
Last updated: 14th July 2008
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