WEBSITE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Afresco Pty Ltd. (ABN 36158077993). Your access to and use of all content on this website is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Members

In order to access the services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.

We reserve the right to terminate your membership at any time if you breach these terms and conditions.

Our information is intended to be used by members within Australia only.

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.

We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.

Limitation of Liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Customer Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To purchase goods via the website, you must create an account. In order to create an account, you must provide personal details and contact information.

When you create an account you warrant that the details you provide to us are accurate and correct and you accept the responsibility that fulfilment of your order is predicated on the information you have provided to us is correct at the time of ordering.

The Site is intended for use by individuals 18 years of age or older. The Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

For privacy and security reasons, Stores are unable to lookup or issue new passwords to account holders or provide ability for customer to change password.

You must contact us immediately if you believe someone else has access to your account.

We may use third-party software to verify your account or account details. We reserve the right to modify your personal accounts and/or orders where the information provided is discontinued or obsolete, incomplete, incorrect, misleading, inactive for a reasonable period, or we have not been able to contact you using the information provided with your account, and/or where we believe your account is being used for purposes that do not comply with these Terms and Conditions.

We reserves the right to modify or terminate an account or account details at our absolute discretion, including the right to delete, merge or amalgamate duplicate accounts held by you. We make no warranty to the completeness of the information that you provide us.

Where we choose to use third-party services in conjunction with this website, including secure payment options for purchasing goods from the website, you may also be required to create and maintain a separate account that may include personal and financial account details. You must comply with the terms of use with these third-party websites.

Non-compliance with these third-party websites may limit your ability to order, be provided with goods, rebates or bonus offers in conjunction with your Purchase.

This website is designed for Australian customers. International accounts and purchases are welcome on the condition that purchases are made for an individual who is currently residing in Australia.

Placing an Order for Products

You may order products by selecting and submitting your order through the website in accordance with these terms and conditions.

Any order placed through this website for a product is an offer by you to purchase the particular product for the price notified at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website.

You agree to provide us with current, complete and accurate details when asked to do so by the website.

Paying For Your Order

You may pay for your order using the following payment methods: Visa; MasterCard; Debit card; PayPal.

Payment processing services offered via the website are outsourced to third party providers. If we do not receive or are unable to successfully process payment in full for your order for any reason, we will cancel your order.

If you choose to pay by Visa or MasterCard credit card or debit card, you authorise us to debit the amount that is payable for an accepted order from your nominated card.

You will be required to provide us with the following details on your Visa or MasterCard; card type, name on card, card number, 3-digit card verification value (CVV2) and the card expiry date.

You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

Order Acceptance/Confirmation

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address.

We reserve the right to reject any order you place with us for any reason whatsoever. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Stock levels displayed to you are accurate at the last known update; however, stock availability is subject to change. If there are any changes in available inventory at the Store in the time between you view a product, add an item to your Shopping Cart and commit to a purchase, and we are unable to fulfil your order, we will notify you as soon as possible.

Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason.

These restrictions may include orders placed by the same Company Website account, the same credit card, and orders that use the same billing address.

In the event we reject an order, make a change to an order or limit an order we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

We reserve the right to limit or prohibit sales to dealers or any commercial enterprise.

If we are unable to supply all items listed on your order, this Agreement will apply to the supply of all or part of the order.

We reserve the right to cancel an order if you are unable to prove that you are the customer (or agent/ representative) listed on the order, or if you are ineligible to purchase goods sold on the website due to age restrictions, and We reserve the right to not provide stock if proof of; purchase, identity or age cannot be produced. To comply with our legal obligations you acknowledge that we may be required to retain a copy of any identification provided.

Pricing Policy

Prices and offers are subject to change without notice.

Prices displayed on this website are in Australian Dollars ($AUD) and are inclusive of Goods and Services Tax (GST).

Advertised “Web-only” specials, promotions are only available to purchase via this website.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

Product Display/Colours

The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time without notice and for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice for any reason whatsoever.