Terms and conditions
This Website and domain name are owned and operated by Radford Furnishings Pty Ltd ACN099 000 110 (Us, We or Our).
In these Terms:
Additional Capabilities means those extra services and capabilities prescribed by Us from time to time that are accessible to Members upon the payment of the Fee;
Affiliates means Us or any of Our officers, employees, agents, contractors, suppliers or licensors;
Comments means any comments, feedback, notes, messages, ideas, suggestions or other communications;
Content includes all information, software, text, graphics, logos, design, layout, downloads, pricing, and any other audio-visual material on the Website or uploaded or otherwise transmitted onto the Website;
Fee means the non refundable annual subscription fee as notified by Us from time to time payable by you to access the Additional Capabilities;
Intellectual Property means:
(a) patents, trade marks, services marks, graphics, design rights (whether registered or unregistered and includes any applications for these rights);
(b) copyright (including future copyright) throughout the world in all literary works, artistic works, computer software and any other works or subject matter in which copyright subsists and may in the future subsist;
(c) trade or business names;
(d) know-how, confidential information and trade secrets; and
(e) any other similar rights or obligations whether registrable or not in any country;
Member means a person who has registered with the Website to create a Member Profile;
Member Profile means a profile created by a Member on the Website advertising the Products and Services that are provided by the Member;
Product means any item or object displayed for sale on a Member Profile;
Services means an offer to perform a certain action or function as displayed on a Member Profile;
Terms means these Website Terms and Conditions;
Third Party Content means the Content of a third party available on the Website;
Third Party Websites meanswebsites operated by organisations and individuals other than Us;
Website means the Designer's Place website at www.designersplace.com.au; and
Website Standard means any requirements prescribed by Us from time to time for the presentation of the Website and Member's Profiles.
2. Intellectual Property
2.1 All Content, other than Content provided by Members, is owned by or licensed to Us. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store the Content owned by or licensed to Us for any purpose, other than with the prior written consent of Us.
2.2 You acknowledge and agree that you obtain no rights in the Intellectual Property on this Website or any part of the Content from your use of the Website.
2.3 You are permitted to use the Content only as expressly authorised by Us and Our third party licensors. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
2.4 We welcome your Comments regarding the Website. Comments sent to Us shall be and remain Our exclusive property. Your submission of any such Comments shall constitute an assignment to Us of all rights, titles and interests in all copyrights and other Intellectual Property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
2.5 If you become aware of any infringement or suspected infringement by any party of any Intellectual Property rights in this Website or the Content, you must immediately notify Us.
3. Linking and Third Party Content
3.1 You must not link to, frame or mirror any part of the Website without Our written authorisation.
3.2 The Website may contain links to or display Third Party Content, including links to Third Party Websites. Third Party Content and Third Party Websites are not under Our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
4.1 You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) interfere with, disrupt, or create an undue burden on the Website;
(d) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the Intellectual Property or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) includes an image or personal information of another person unless you have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content; or
(vi) contains financial, legal, medical or other professional advice.
If you believe that a user has breached any of the above conditions, please contact Us.
4.2 We reserve the right to block or suspend any user of the Website, cancel any registration and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice upon breach by you of these Terms.
4.3 By uploading, transmitting, posting or otherwise making available any Content via the Website, you grant Us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Content in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
5.1 To become a Member you must register with Us. This will require you to provide certain information to Us. By registering or providing information to Us you warrant that:
(a) you will maintain your Member Profile in accordance with the Website Standards;
(b) all information provided to Us is accurate and complete; and
(c) all information provided is current, and you will update the information provided as required to ensure its currency and accuracy.
5.2 We reserve the right to terminate your registration and remove your Member Profile and your use of this Website should any information provided by you to Us be inaccurate, incomplete or out of date and you have not corrected such information within a reasonable period.
5.3 We may terminate your registration and remove your Member Profile at any time without cause upon providing you with reasonable notice.
5.4 It is free to register and to become a Member. You acknowledge that access to Additional Capabilities requires payment of the Fee.
6. Member Profiles
6.1 If you have registered to become a Member you will have access to a unique Member Profile. When posting Content on a Member Profile you warrant that this Content will comply with and be subject to clause 4 of these Terms.
6.2 When displaying Products for purchase on a Member Profile you warrant that these Products:
(a) are your own work, or if they are not your own work, that the creator of the Products has agreed to, licenced, or otherwise allowed you to sell these Products;
(b) do not infringe the Intellectual Property or other rights of another person;
(c) conform in appearance, description, and price, to the Products displayed for purchase on your Member Profile;
6.3 When displaying Services for purchase on a Member Profile you warrant that those Services;
(a) are capable of being performed by you; and
(b) will be performed in a manner and at a price corresponding with the description and price of the Service as displayed on your Member Profile.
7. Purchasing Products and Services
7.1 You acknowledge that as a user of the Website you may be provided with the opportunity to purchase various Products and Services from Members.
7.2 You acknowledge that whilst We require Members to comply with the Content, Product, and Services requirements in clauses 4, 6, and 7 of these Terms, We do not guarantee or represent that any Content, Product, or Services information provided by a Member is accurate, complete, or reliable.
7.3 We are not responsible for the shipping of your order, customer support, returns and exchanges, or warranties in relation to any Products or Services. We are in no way responsible or liable for any action or inaction of a Member in relation to the supply or failure to supply Products or Services. We are also not responsible or liable for the condition, quality, or suitability of any Products or Services provided, or to be provided by, a Member.
Limitation of Liability
8.1 Subject to clause 8.2:
(a) the Website and the Content are provided on an “as is, as available” basis. We make no warranty or representation to you as to the performance or operation of the Website or the Content;
(b) all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Website and the Content; and
(c) We exclude any liability for legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss or damage to reputation, deletion or corruption of electronically stored information, lost data, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by you under or in connection with this Website, the Content or the Terms.
8.2 The Australian Consumer Law (ACL) provides consumers (as that term is defined in the Competition and Consumer Act 2010 (Cth)) with a number of protections and consumer guarantees (Consumer Guarantees) which cannot be excluded or limited. These Website Terms and Conditions, and in particular the limitations of liability set out in clause 8.1 of these Terms, are therefore subject to, and will not apply to the extent that they limit or exclude such protections or Consumer Guarantees applicable to consumers. However where the ACL permits Us to limit the remedies available to it for a breach of a Consumer Guarantee, We hereby limit its remedies to you, at Our option, in the case of goods, to the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of having the goods repaired or replaced or having equivalent goods supplied and, in the case of service, to supplying the services again or paying the cost of having the services supplied again.
8.3 You must indemnify Us and Our Affiliates in respect of all losses, damages and expenses and all claims and demands made by a third party arising out of any of the following:
(a) your breach of these Terms; and
(b) any negligent, wilful or fraudulent conduct by you, your employees, representatives or agents.
9. Amendment to Terms and Website
9.1 We reserve the right at any time, with or without cause, to:
(a) change these Terms;
(b) change the Website; or
(c) deny or terminate your use of and/or access to the Website in accordance with clauses 4.2, 5.2 and/or 5.3 of these Terms.
9.2 Any changes We make will be effective immediately upon Our making such changes available on the Website or otherwise providing you with notice of such changes. You agree that your continued use of the Website after such changes constitutes your acceptance of such changes.
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.
If any provision of these Terms is for any reason unenforceable, then it shall be deemed severable from these Terms and shall not affect the validity or enforceability of any other provisions of these Terms.
12. Entire Agreement
You acknowledge and agree that these Terms supersede all prior communications between Us in connection with its subject matter. You further acknowledge that, except as expressly stated in these Terms, you have not relied on any representation, warranty or undertaking of any kind made by or on behalf of Us in relation to these Terms.
Each party warrants that it has the authority, power and capability to enter into and to perform its obligations under these Terms and that its obligations under these Terms are binding and enforceable.
Each term of these Terms must be interpreted in such manner as to be effective and valid under applicable law. If any term of these Terms is held to be prohibited by or invalid under applicable law, that term is ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of these Terms.
A term of these Terms may not be waived except in writing signed by the party granting the waiver. The waiver by a party of a breach by another party of any term of these Terms does not operate as a waiver of another or continuing breach by that party of that term or any other term of these Terms.
If you have any queries regarding these Terms, please write to Us at:
Designers Place c/o Radford Furnishings.
Level 1, 146 Burwood Rd,
Hawthorn. VIC, 3122