The website at https://toneandtextureid.com.au and all associated digital platforms, social media accounts and mobile applications (together, Website) and the Website’s contents, products, materials and services (together, Website Services) are owned, operated and provided by Tone & Texture Interior Design Pty Ltd ABN 53 646 126 490 trading as Tone & Texture Interior Design and as Tone & Texture Art (Tone & Texture, we, us or our). The term ‘you’ refers to any user or browser of the Website or purchaser of our Website Services.
The terms and conditions set out in this document and any additional disclaimers, policies and legal notices displayed on our Website from time to time (together, Terms and Conditions) govern and explain how you may use the Website and the Website Services.
It is important that you read and understand these Terms and Conditions. By accessing any information on our Website or using the Website Services, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing the Website or are using the Website Services (together, users).
You acknowledge and agree that the use of the Website and Website Services is at your own risk and that using the Website and Website Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of the Terms and Conditions, and your use of the Website and Website Services may be terminated in accordance with the provisions below.
If you are under the age of eighteen (18), you must obtain your parent’s or guardian’s prior consent to use the Website and Website Services.
These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Website Services.
1. WEBSITE PERMITTED USE
Tone & Texture prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Website Services responsibly and to comply with all applicable laws and regulations. You agree you must not interfere with or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Website Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes Tone & Texture’s rights or the rights of others.
You may not use the Website or Website Services, or any part of them, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Website Services, or any other communications provided by us for your personal use, or in a manner not permitted by the Terms and Conditions.
2. SERVICES AND DISCLAIMER
Our Art Products and Interior Design Services
Our Website aims to offer and provide you with information about Tone & Texture’s Website Services from time to time which includes Tone & Texture Art’s online art shop, as well as Tone & Texture Interior Design’s design, decorating and styling services based from Queensland, Australia (Project Services).
Tone & Texture Art offers a range of art products for purchase via the Website’s online shop including prints and ready to buy artworks as well as artwork commissions (Art Products). It may also offer other products including interior design, decorating and/or styling products for purchase from time to time. In such case, references to ‘Art Products‘ on this Website shall include all such additional interior design, decorating and/or styling products and any other products for sale via the online shop at the relevant time unless the context otherwise requires.
Please refer to the Website for further details including prices of the Art Products offered by Tone & Texture Art, as well as to the relevant Terms and Conditions below relating to their purchase.
Tone & Texture Interior Design‘s Project Services include interior design, decorating and styling services including design, decorating and styling consultations, colour consulting and colour schemes, concept design, mood boards, sample boards with products and material details, specification schedules and samples, 2D and/or 3D drawings/renderings, elevations, floor plans, lighting design and lighting plans, custom furniture design, cabinetry and joinery services, selection of furniture, hard finishes, fittings, fixtures and lighting, on-site furnishing and styling, project co-ordinating services, nursery and children’s space design, and ancillary services.
Tone & Texture Interior Design also offers E-design decorating and styling packages which may be offered via the Website or as a Project Service.
Please refer to our Website for further details about how to contact us to make a booking for a design consultation and to find out more about our interior design, decorating and styling Website Services and Project Services as well as to the relevant Terms and Conditions below relating to their purchase.
The information, content and material contained in or made available through the Website and Website Services are provided for general information purposes only. None of the content on the Website represents or warrants that the Website Services or Project Services are appropriate or effective for you.
To the extent that we provide any explicit or implied recommendations of any Website Services, Art Products or Project Services, such recommendations are only general and not specific to any situation. The information we provide is not intended to be a substitute for professional and/or specialist financial, legal, arts, building or construction advice, nor do we claim to be an expert in any specific commercial field. Our Website Services are not intended to provide qualitative advice regarding the fitness for purpose or merchantability of any of our Art Products, Website Services or Product Services. We advise you to exercise caution and do your own due diligence in purchasing any Art Products and using our Website Services and/or Project Services.
All information provided by us is provided in good faith, though we make no guarantees of any specific results or outcome from the use of the Website, Website Services or Project Services. We derive our information from sources that we believe to be accurate and up to date as at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Website Services or Project Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.
Testimonials (visual and written) and any publicity materials displayed on our Website are examples of real experiences and opinions of people’s experiences with us, our Website, Website Services and/or Project Services, and are for illustration only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.
We may refer to third-party products, services, experts and other third-party service providers on the Website. Any such reference is not intended as an endorsement or statement that the information provided by the third party is accurate. We make no warranties as to the suitability or reliability of third-party service providers nor give any guarantees as to the outcome or results of their products or services. It is your responsibility to conduct your own research and make your own determination about any such products, services, experts and other service providers.
We may participate in affiliate marketing and may allow affiliate links to be included on our Website. This means that we may earn a commission if and when you click on or make purchases via affiliate links. We will inform you when one of the links on our Website is an affiliate link and will only affiliate with products, services, experts and other third-party service providers that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference or information provided by us and will conduct your own research and will rely upon your own research in deciding whether to purchase the affiliate product or service.
3. INTERIOR DESIGN PROJECT SERVICES’ CODE OF CONDUCT
Tone & Texture Interior Design endeavours to abide by the following Code of Conduct to ensure that the provision of our interior design, decorating and styling Project Services are held to a high standard and complies with the relevant laws and regulations as they relate to the Project Services. The Code of Conduct applies subject to the agreed scope of Project Services to be provided on any project and any specified qualifications or exclusions.
Standard of Performance: Tone & Texture Interior Design will do all things reasonably required to ensure that the Project Services are performed with due care, skill and diligence, in a professional and ethical manner, within the scope of our expertise and to each client’s reasonable satisfaction.
Supervision and Instruction: Project co-ordinating services comprised in our Project Services may include coordinating, organising, facilitating and providing a point of contact as required to perform the Project Services for a project. As Tone & Texture Interior Design is not licensed to do building or specialist work and is not a registered design practitioner, nominated supervisor, registered building practitioner, registered specialist practitioner or other licenced or certified contractor or tradesperson, in accordance with Queensland legislation the Project Services will not include supervising, instructing or carrying out any trade, building or specialist work.
Compliance: Tone & Texture Interior Design will do all things reasonably possible to ensure that all persons including contractors, tradespersons and builders who are responsible for the compliance, safety, supervision, daily direction, control, quality and/or outcome of any building work or specialist work or are otherwise engaged to provide any services pursuant to the provision of the Project Services, hold all necessary registrations, licenses and certificates under Queensland legislation or comparable legislation in the State or Territory in which the Project Services are provided.
We will also do all things reasonably possible to ensure that all kitchen, bathroom and laundry and other specialist work carried out in connection with our Project Services is undertaken by contractors, tradespersons and/or builders who are registered, licensed or certified (as applicable) as required by Queensland legislation and in accordance with the Building Code of Australia, applicable mandatory Australian Standards and relevant applicable laws in Queensland or the State or Territory in which the Services are provided. Tone & Texture Interior Design will also do all things reasonably required to ensure that all products and furniture comply with relevant mandatory product safety standards under the Australian Consumer Law, the requirements of the Australian Competition and Consumer Commission and Product Safety Australia and all relevant applicable laws of Queensland or the State or Territory in which the Services are provided.
Design, Drafting and Approvals: All design materials, including sketches, illustrations and drawings created or provided by Tone & Texture Interior Design as part of our Project Services are for proof of concept purposes only and as such are conceptual in nature, intended to set forth design intent and are not to be used for engineering, structural or construction purposes. They do not include any design for any modifications to structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems or any other specialist work that may be included in any project for which any specialist registration or licence is required. Additional design documentation and services may therefore be required from specialist registered or licensed builders, engineers and tradespersons for specialist works. All technical drawings with accurate check measures, dimensions and size designations are subject to verification and specifications provided by architects, draftspersons, licensed surveyors, engineers, carpenters, joiners, builders and/or other qualified tradespersons and registered building or design specialists (as applicable). Tone & Texture Interior Design makes no guarantees or warranties in relation to any technical drawings, that any finished product will be identical to the concept designs or technical drawings or in relation to any works or finished construction project.
The client for our Project Services and not Tone & Texture Interior Design is responsible for obtaining any assessment or approval of issued plans, residential building approvals, waste management plans, survey reports, council reports, planning controls, council approvals, DA or CDC applications or any planning instruments and/or lodging of application documentation required in connection with any works from licensed certifiers or appropriate experts, unless otherwise agreed.
Workplace Health and Safety: In providing the Project Services at the project site, Tone & Texture Interior Design will provide and maintain, as far as is reasonably practicable and where applicable, a safe working environment and safe systems of work in accordance with the requirements set out in the Work Health and Safety Act 2011 (Cth), and all applicable State and Territory work, health and safety laws.
4. ENQUIRIES, REGISTRATION AND SUBSCRIPTION
By using any current or future messaging service or online booking system on Tone & Texture’s Website, subscribing to any current or future newsletter or blog on our Website, purchasing an Art Product from our online shop, booking a design consultation or using any other Website Services or any Project Services, you will be added to our email list. If you do not want to remain on our email database, you can follow the instructions on the form to update your subscription or data preferences or unsubscribe from our email communications or email us at any time at firstname.lastname@example.org.
You acknowledge and agree that all information you provide to us through the Website and to us by email, phone, in person or in any other way, including all personal information which does or may identify you, including but not limited to, your title, name, age, gender, address and telephone number (Personal Information), will be true, accurate, current and complete. You agree that you are responsible for all information including Personal Information that you submit to us, and you acknowledge that if we believe that any information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Website Services and/or Project Services.
You acknowledge and agree that Tone & Texture (and, if applicable, any relevant third party of our choosing) will collect your Personal Information for the purpose of you booking a design consultation with Tone & Texture Interior Design, your use of our Website Services including the purchase of our Art Products or use of our Project Services, or for providing you with any information you may request. You acknowledge that if we cannot collect this and other Personal Information as requested, we will not be able to provide you with some or all of our Website Services or Project Services.
If we offer account registrations and you register an account with us via our Website, you are responsible for maintaining the confidentiality of your account details and password and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security.
5. CHANGES TO OUR SERVICES, PAYMENT AND PRICING
Tone & Texture’s Website Services and, subject to any formal agreement we have with you, our Project Services may be subject to change without notice. We reserve the right at any time and without notice to modify or discontinue any Website Services and Project Services and we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any Website Services or Project Services. Subject to law, we reserve the right to limit the sales of our Website Services and Project Services to any person, region or jurisdiction. All descriptions of our Website Services and Project Services and pricing on our Website are subject to change at any time without notice, at our sole discretion.
You must pay the fees and amounts for our Website Services, including purchases of our Art Products from our online shop on the Website, as provided in this Website and/or at the rate and in the manner specified in any formal agreement we have with you and any invoice issued. Tone & Texture accepts no responsibility for bank transfers that are declined or not accepted due to disruptions with internet connections or problems with your provider.
Payments for Project Services must be made to our bank account by EFT direct deposit or as otherwise provided in any formal agreement with you within fourteen (14) days of the date of the invoice. Where payment is not received by the due date, we are entitled to suspend the provision of our Project Services and withhold any design material as security until all past due balances are paid, charge interest on outstanding amounts from the invoice due date until the date payment is made, and to charge administration fees and costs in accordance with the terms of our formal agreement. If payment is not made by the due date or within any additional rectification period, we may terminate our agreement subject to its terms, and you will not be entitled to any refund.
All prices shown on the Website are in Australian dollars and transactions are processed in AUD figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Our fees for our Website Services and Project Services and prices for Art Products purchased via our online shop are exclusive of GST and GST will be added where applicable. Where applicable, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST.
Tone & Texture uses payment-processing merchants. Any payments made via any online payment platform whether for Art Products, E-design or any other Website Services or Project Services are subject to the Terms and Conditions in relation to credit card and online payments in section 9 below irrespective that the references in that section may only refer to Art Products.
Your participation, correspondence or business dealings with any third parties including affiliates, individuals or companies found on or through our Website and all their purchase terms, conditions, representations or warranties associated with payment, refunds and/or delivery related to any purchase you make from them, are solely between you and that third party. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.
6. INTERIOR DESIGN CONSULTATIONS
Information about how to make an appointment for a consultation with Tone & Texture Interior Design, including our initial consultations, is available on the Website. Bookings for consultations may be offered from time to time via an online platform on the Website.
Initial consultations will be subject to the applicable Terms and Conditions provided on our Website and/or otherwise advised at the time of booking, including any maximum time limit for the consultation, our fees and any additional fees if the consultation exceeds the maximum time permitted.
Whilst Tone & Texture Interior Design makes every effort to avoid clashes and/or cancel consultation appointments, Tone & Texture Interior Design, at its sole discretion, may cancel or reschedule appointments at any time and for any reason prior to the scheduled time.
If you cancel a consultation within twenty-four (24) hours of the scheduled appointment time, Tone & Texture Interior Design reserves the right to retain or charge you all or some of our professional fees for the consultation, and do not offer refunds for change of mind.
Interior Decorating and Styling Product Care Instructions
Fabric is precious. Set out below are a few guidelines to help you care for any fabric-based Art Products offered via our online shop. Please note, these care tips are guidelines only and variations will apply to some fabrics, and we will not be liable under any circumstances for how you choose to use and interpret this information.
Washable natural fibres should be pre-washed to avoid shrinkage. It is recommended that you pre-wash in the same way you intend to wash in the future. Wash light and bright colours separately, as some colours may run in their first few washes. Special washing instructions will apply to some fabrics such as beaded, coated or foiled fabrics as well as specialty weights/styles and delicate Art Products. If you have any questions, please do not hesitate to contact us.
Merino: machine washable on a gentle/wool cycle using a wool detergent, do not wring. Do not bleach. Tumble dry on a cool setting or dry flat in shade. Use warm iron. Do not dry clean.
Silk: dry clean only or handwash at your own risk using a silk friendly detergent. Do not bleach or tumble dry. If hand washing, dry in shade. Use warm iron.
Cotton: wash separately, cool hand wash or cool machine wash on delicate setting. Do not tumble dry, do not wring, soak or bleach. Some parts of the Art Product may be delicate and are required to be handled with care.
Linen: cool handwash or gentle machine wash, wash colours separately, do not wring. Tumble dry on a cool setting or dry in shade. Use a warm/hot iron.
Rayon/Viscose: dry clean or cool machine wash or hand wash. Do not twist or wring. Warm iron on the reverse side.
Wool: dry clean only, use cool/warm iron, steam when pressing, brush wool to remove surface soil.
Triacetate: dry cleanable or cool machine wash or hand wash. Do not twist or wring. Warm iron on reverse side.
Tencel/Lyocell: cold machine wash, dry on low temperature and cool iron. Dry cleanable. Do not bleach.
Acetate: dry clean, machine wash or hand wash separately in warm water. Do not soak coloured items, do not twist or wring and warm iron on reverse side. Do not tumble dry.
Laces/Jacquards: dry clean only. These fabrics are delicate so be careful against rough surfaces and snagging.
Velvet: dry clean only, do not spot clean. Never iron as ironing is likely to crush or flatten the natural pile. A hand-held steamer can be used to remove creasing. Alternatively, hang your fabric or garment in a steamy bathroom as the steam may help relax any creasing. Avoid using clip hangers as these can bruise or mark the fabric.
Nylon/Polyester: dry clean or cold machine wash, tumble dry on low temperature and cool iron. Do not bleach.
Leather: to remove dirt or surface residue, use a soft damp cloth. Gently rub for removal. For a deeper clean, use a leather cleaner to help preserve the natural smooth oils instead of stripping them. Let your handmade leather goods dry naturally. To prevent leather from losing suppleness over time use a wax-free leather conditioner that will nourish and restore the flexibility and suppleness of your leather goods. To waterproof your handmade leather pieces, treat them with a layer of water protectant while maintaining the leather’s breathability.
7. REVIEWS AND ONLINE COMMUNITY GUIDELINES
The Website and our other digital platforms, mobile applications and social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.
You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website or is in any way connected with the Website.
If you enter into a formal agreement with Tone & Texture Interior Design for Project Services and the agreement is terminated for breach, you will be prohibited from publishing a review on any public forum and agree to raise any dispute and provide feedback directly with us. The dispute and/or feedback may be subject to obligations of confidentiality.
General community guidelines
It is essential to ensure that all our members of our community adhere to Tone & Texture’s community guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate any content or incite any behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity, nationality, sexual orientation, age, gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone or restrict another user’s use and enjoyment of the community in any way. Tone & Texture prohibits negative, dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are or that you represent someone else or impersonate any other individual or entity for any purpose.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time, we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Website Services and inform the relevant authorities where appropriate.
You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
8. THIRD-PARTY LINKS
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Website Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.
Tone & Texture is responsible for the support and maintenance of its Website only. We may, at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of it, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Website Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors, and therefore we do not guarantee the availability of the Website at all times or at any specific times.
10. PRIVACY AND SECURITY OF INFORMATION
11. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
You acknowledge and agree that the Website and the Website Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force.
You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Website Services (and/or any associated usernames/passwords, if applicable) you purchased to any third party or person. In some cases, we may encrypt and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.
Tone & Texture respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Website Services is the original content of Tone & Texture, or is otherwise provided with the relevant owner’s or owners’ consent, and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to them or it.
These Terms and Conditions do not transfer any of our intellectual property rights to you or any third parties. You are granted no rights with respect to or license of our trademarks, service marks and logos, used in connection with the Website Services and Website. All intellectual property displayed on the Website has been provided, where applicable, with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights for the commercial use or distribution of any names, logos or trademarks, without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the Website or Website Services to determine if you are in breach of these Terms and Conditions. If you infringe our intellectual property rights or the rights of any third party, we have the right to suspend access to or terminate your use of the Website or Website Services, and to report you to the relevant authorities or take any actions as appropriate or necessary.
12. TERMINATION OF WEBSITE USE
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Website Services, effective immediately, with no liability to you or any third party for the following reasons:
(a) where you are in breach of any of the Terms and Conditions or any related policies;
(b) where at any time you have committed any act of wilful or serious misconduct;
(c) if you fail to pay any fees, payments or expenses properly payable to us for our Website Services by the stipulated due date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or any government authority; or
(g) upon a request by you.
If you have entered into a formal agreement for Project Services with us, please refer to the agreement in relation to our rights of termination of the Project Services and consequences of termination.
In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet to resolve the dispute or if they are unable to do so they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be confidential and privileged. If the parties do not resolve the dispute or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternative method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.
14. WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS.
IF TONE & TEXTURE IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT OUR OPTION, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, AND, IN THE CASE OF WEBSITE SERVICES, AT OUR OPTION, THE SUPPLYING OF THE WEBSITE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE WEBSITE SERVICES SUPPLIED AGAIN.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE OR WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND/OR MAKE THE WEBSITE SERVICES UNAVAILABLE FOR INDEFINITE PERIODS, SUSPEND OR CANCEL THE WEBSITE SERVICES AT ANY TIME OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE AND WEBSITE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND WEBSITE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR WEBSITE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE SERVICES EXCEED THE GREATER OF ONE HUNDRED AUSTRALIAN DOLLARS (A$100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST TWELVE (12) MONTHS.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSITE AND WEBSITE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WE DO NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE WEBSITE. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
15. WAIVERS AND INDEMNITY
BY USING THE WEBSITE AND WEBSITE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS AGAINST ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR MISUSE OF THE WEBSITE OR WEBSITE SERVICES OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND, LIMIT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR WEBSITE SERVICES OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS AND CONDITIONS.
16. GOVERNING JURISDICTION
The laws of Queensland, Australia govern these Terms and Conditions and any access to or use of our Website or Website Services. You irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from those courts to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.
These Terms and Conditions constitute the entire agreement concerning your use of this Website and the Website Services and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this Website and the Website Services.
We reserve the right to amend the Terms and Conditions at any time and to add new or additional terms and conditions on your access to and use of the Website and Website Services.
Please check these Terms and Conditions regularly before using our Website and Website Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.
If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed and the remaining portions of these Terms and Conditions will remain in full force and effect.
If we do not exercise or delay in exercising any rights to enforce performance of any of your obligations under the Terms and Conditions, it is not a waiver of our right:
to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that we have waived our rights; and
(h) at any other time to require performance of that or any other obligation under the Terms and Conditions.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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