Terms and conditions
1. About this Website
- This website is published by Outdoor Elegance Pty Ltd ABN: 98 008 315 665 (ACN 131 444 730) trading as Outdoor Elegance of [Address for Company(s)(the “Company”). For the purposes of the below the terms “we”, “us”, and “our” may be used to describe the Company.
- Your use of Outdoor Elegance website (the 'Website') is subject to these Terms of Access. By continuing to access the Website, you are agreeing to these Terms of Access. If you do not agree with these Terms of Access, you must refrain from using the Website or making a purchase through the Website.
- You may not use the Website, or the material contained on the Website, for any purpose except a purpose expressly permitted under these Terms of Access. In particular, you must not engage in, facilitate, or permit:
- the reproduction of the material in any material form;
- the distribution of the material in any material form;
- re-transmission of the material by any medium of communication;
- uploading and/or reposting the material to any other website;
- “framing” the material on the Website with other material on any other website.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
- Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
- You may not modify or copy the layout of the Website, or any computer software and code contained in the Website.
2. About Outdoor Elegance
3. Website Information
- Some products are displayed online for enquiry only and are not offered for sale online. For more information about these products (including price) contact our team for assistance.
- Photographs are provided for illustrative purposes only and may vary from the product in the store.
- Any styling items added to photography are for display purposes only and not included in the products unless otherwise specified.
4. Website Content
- We may at any time remove, edit or add content to our Website without notice.
- All information provided on this site must be read subject to these Terms of Access.
- Whilst we endeavour to ensure all information on our Website is accurate and true at the time of publishing, you agree that Outdoor Elegance online is not responsible for inaccuracies or errors on the Website occurring as a consequence of incorrect information supplied to us by our suppliers and/or manufacturers. You further acknowledge that suppliers to Outdoor Elegance may choose to update their own information on the Website without notice to us. For the most accurate information about the products you must conduct your own research and rely on your own enquiries to verify information direct from the supplier.
- Your agree that you will not hold Outdoor Elegance liable for any loss, damage, or other claim caused as a consequence of any inaccuracies in any of the information on the Website, including reliance upon that information by you. You further agree to indemnify and hold harmless Outdoor Elegance for any loss or damages arising from any claim, where that claim results from you representing to any other person the accuracy of information on the Website, and that person relies upon that general information to their loss.
- Competitions, events and general sales promotions may have a separate set of terms and conditions and by participating in these promotions you are agreeing to those terms. We may choose to promote events that are conducted by third parties and we hold no responsibility for your participation in these third-party events.
5. Your Use of the Website
- You must only use this site in accordance with these Terms of Access and any applicable law.
You must not do, or attempt to do, any of the following:
- Interfere with or disrupt the site or the servers or networks that host the Website:
- Use any software to copy or transfer data from the Website site to another location including(but not limited to) data mining tools, robots, extraction tools.
- Interfere with or override the security features of the Website.
- In order to place orders on our Website, you may be required to register for an account, or you may complete that transaction as a “guest” without registering for an account. You represent and warrant to us, regardless of whether you have created an account, or are operating as a guest, that: All information provided to us while registering for an account or “checking out” when completing a purchase (which will include, but may not be limited to, your full name, address, phone number, and email address) is true and accurate, and that you will ensure that such information is kept up to date and will be current and accurate on each occasion when you conduct a transaction on the website;
- You are over the age of 18 years, and that you are under no legal incapacity which would preclude you from being able to enter into a legally binding agreement with us.
- All accounts are the responsibility of the account holder only and you are responsible for ensuring that your password is kept secure. We are not responsible for any unauthorized access to your account if you fail to keep your account information private.
- You must not interfere (or attempt to interfere) with any account on the website other than your own. In cases where you become aware of, or otherwise suspect that another person has accessed or is likely to access your account, you acknowledge that it is your responsibility to notify us immediately and take immediate steps to reset your account information to secure it.
- We do not warrant that the site will be available at all times and we reserve the right to disrupt the service at any time, and for any reason, without notice.
- We provide no warranty as to the accuracy or relevance of any content provided on the website, or any other website linked to on the website by way of a URL or hyperlink.
- You must not, by way of any link published on any other website, link to the website in any way that would be, disparaging, misleading, false, or otherwise detrimental to our business or to our reputation including but not limited to:
- Claiming an association with our business for the purpose of personal or professional gain, save where there is a pre-existing written agreement in place confirming an association.
- In a way that is unlawful or illegal, or creates or is likely to create an unfair or incorrect perception about us, the Website, or our business.
6. Intellectual Property Rights
- "Outdoor Elegance" is a registered trademark of Outdoor Elegance Pty Ltd (ACN 131 444 730) in its capacity as 'The Trustee for the Elegance Unit Trust', any associated logo is a registered trademark of the same entity.
- By using this Website you are acknowledging that any intellectual property rights, including images, logos, trademarks, unique brand attributes, design, words, icons and all software relating to this site is the property of Outdoor Elegance , partner of Outdoor Elegance or a third party.
- c. Our intellectual property rights are protected by Australian and International Laws and nothing in these terms provides you with the use of them without express written permission.
- Unless expressly permitted, you may not in any form or by any means reproduce, modify, sell or re-sell, distribute or re-distribute, store (whether on another website or on any storage media), transmit in any media, publish or display on another site any part of this Website. Use of this site by you must be for personal and non-commercial use only and must be in accordance with the Copyright Act 1968(Cth) and/or any other applicable legislation.
- The intellectual property rights of this website extend to its design, layout, themes and any associated codes written into the website.
- You must not reverse engineer the Website or any part of the Website in order to access any source code on or comprising the Website.
7. Third Party Links
- For your convenience, we may include links to other websites, content or resources which are owned or operated by our brand partners or other third parties. You acknowledge and agree that these linked sites are at all times the responsibility of the person(s) to whom that linked website belongs, to the exclusion of responsibility by Outdoor Elegance, and you acknowledge and agree that Outdoor Elegance is not responsible for, and makes no endorsement of or for any linked website or its operation, availability or content
- You acknowledge and agree that the terms and conditions of use of any linked website are separate and distinct to those for this Website, and that it is your responsibility to review the terms and conditions of any linked website to ensure the accuracy of any information provided in that linked website, including any warranties, whether express and implied.
- Outdoor Elegance reserves the right to block any third parties from linking to this website in its absolute discretion, without notice.
8. Secure Data & Transmission
- You use the Website at your own risk, and acknowledge and agree that the nature of the internet means that Outdoor Elegance cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems. Furthermore, you acknowledge that Outdoor Elegance does not warrant that your access to the Website will be uninterrupted, error-free or that any defects will be corrected.
- Outdoor Elegance has precautions in place to ensure that your personal information is protected. We use and rely upon our external partners to protect your personal information, but cannot warrant and ensure the security of any information you transmit via the Website. However, once personal information is received by Outdoor Elegance or one of our external partners, we must take all reasonable and necessary steps to preserve its security.
- If you become aware of any actual or suspected security breach, including a loss of security over any personal information held by us (whether belonging to you or any other person), you agree that you will bring it to our attention at your earliest opportunity.
- If you would like to disable cookies please refer to your internet browser settings.
- For more information about our Cookies Use please refer to our Cookies Policy here.
10. Use of Your Information and Material
- If you use the Website to upload information about your product or service, you represent and warrant in relation to any material and/or information you provide to us, or to the Website, that:
- you are authorised to provide the material and/or information;
- the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- the material and/or information does not constitute unfair competition;
- the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
- the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and or any State or Territory of Australia including, but not limited to, the Competition and Consumer Act 2010 (Cth) and other state-based legislation going to comparable subject matter, including fair trading laws, or the laws of any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
- By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:
- reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
- allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.
- In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the Website, at any time without giving any explanation or justification for removing the material and/or information.
- The Owner makes the Website available for others to publish information without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or other linked websites.
- To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites
- The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
- ii. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
- Information provided on the website is supplied as a recommendation and for general information only. Subject to the above, this information is to the best of our knowledge, accurate at the time of publication but may vary over time. It is your responsibility to ensure independent investigations are made to ensure the accuracy of the general information provided and to ensure that the product or service meets your needs. We appreciate any feedback with regards to information inaccuracies that you discover through the use of our website
- In the particular case of information on the website with respect to fireplaces, we make no warranty as to the suitability of any fireplace for your build or home design unless you have first contacted one of our specialists or installers (expert) to confirm the suitability of that product for your intended purposes. If you do contact one of experts, you acknowledge that our expert will rely upon information provided by you in recommending a suitable fireplace, and you will make no claim against us if a fireplace should prove unsuitable for your purposes because of a failure on your part to disclose all information reasonably necessary for the provision of accurate advice to you.
13. Governing Law and Jurisdiction
- Outdoor Elegance operates from the Australian Capital Territory. In using the website, you submit to the non-exclusive jurisdiction of the Australian Capital Territory, and of the Commonwealth of Australia, with respect to the use of this website only, without application of principles relating to conflicts of laws. You agree to the exclusive jurisdiction of the Courts of the Australian Capital Territory with respect to the resolution of any dispute which arises in respect of these Terms of Access.
- When conducting an e-commerce transaction with another party based on a recommendation through the Website, you may be conducting a transaction in another jurisdiction. By conducting that transaction, you also submit yourself to the non-exclusive jurisdiction of that State or Territory.
14. Limitation of Liability
- a. Some parts of this agreement may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner's liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
- If the breach of an implied warranty or condition relates to services, to the supply of the services again; or the payment of the cost of having the services supplied again (at our option); and
- if the breach of an implied warranty or condition relates to goods, to the replacement of the goods or the supply of equivalent goods, to the repair of such goods, or to the payment of the costs of either of the former options (at our option).
- The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
- in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and
- as a consequence of removing any material and/or information from this Website.
- You will at all times indemnify and keep indemnified Outdoor Elegance and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
- any breach of these Terms of Access by you; and
- publication of or distribution of the material and/or information supplied by you.