Terms of Use

Legal Notice

Please read these terms of use carefully before using this website.

This website (the “Site”) is provided by EC Carpets. By accessing and/or using the Site, you acknowledge that you have read, understand, and agree to be legally bound by the terms and conditions set forth in this notice (the “Terms of Use”) and the Privacy Policy. If you do not agree to abide by these terms, you are not permitted to access or use the Site.

 

Limited Rights

Subject to all of the terms of use set forth herein, EC Carpets grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site for the purpose of conducting business with EC Carpets or its related entities as intended by the Site. EC Carpets retains all right, interest and title in the materials and information (the “Materials”) on the Site. The Site, including all Materials, is protected from unauthorised use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. Without limiting the foregoing, any use of Materials is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform or distribute the Materials for any public or commercial purpose (except as necessary to conduct business with EC Carpets as intended by the Site); and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. You agree to abide by all additional restrictions displayed on the Site or the Materials as updated from time to time. Except as expressly provided herein, EC Carpets does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

 

Appropriate Conduct

You agree that you will (i) comply with all applicable laws and use the Site only for lawful purposes; (ii) take necessary precautions to ensure that all content or other material posted or otherwise made available within the Site does not contain any viruses, time bombs, worms, Trojan horses or other computer programming that may damage or interfere with the operations of the Site or any system, or information pertaining to the Site; and (iii) be solely responsible for any use or misuse of your user name(s) and user password(s), and take all precautions necessary to maintain the secrecy and security of your user name(s) and user password(s). You agree you will not (i) violate the privacy rights of other users of the Site; (ii) access or attempt to access portions of the Site dedicated to other users; (iii) modify or tamper with the software of the Site; (iv) allow unauthorised disclosure or copying of any part of the Site or any information obtained from the Site; (v) allow use of the Site by any third parties; (vi) engage in any conduct that, as determined by EC Carpets in its sole discretion, restricts, inhibits or impacts any other user from using the Site; or (vii) transmit to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, racially, ethnically or otherwise objectionable material of any kind.

 

Disclaimer

To the maximum extent permitted by law, the site, the information and materials on the site, and the software made available on the site, are provided “as is” without any representation or warranty and EC Carpets, its affiliates and their respective licensors, expressly disclaim all warranties, express or implied, of any kind including, without limitation, any warranties of satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranties arising from trade usage or course of dealing.

Notwithstanding anything contained herein to the contrary, EC Carpets, its affiliates and their respective licensors make no representation or warranty concerning the accuracy, completeness, operation, or availability of the site or any materials, information or content posted on or otherwise accessible through the site. Neither EC Carpets, or its affiliates nor any of their respective licensors represent, warrant or covenant that the site will be secure, uninterrupted or error-free. Each user accepts full responsibility for any transactions made by its authorized users using the site. Each user expressly agrees that the use of the site is at the user’s sole risk and that EC Carpets, its affiliates and their respective licensors shall not be responsible for any termination, interruption of services, delays or errors in the site.

 

Limitations on Liability

To the maximum extent permitted by law, EC Carpets, its affiliates, their licensors and their respective employees, agents, representatives, contractors, officers and shareholders shall not be liable for any indirect, incidental, consequential, punitive, special or exemplary damages (including, without limitation, loss of business or profits, loss of use, loss of information or programs or other data), resulting from, arising out of or in any way relating to the site or disruption or inaccessibility thereof where liability cannot be excluded by the operation of the trade practice act 1974 (cth) or similar legislation, any liability incurred by EC Carpets, its affiliates and their respective licensors in relation to the use of the site or its content is limited to:

(i) In the case of goods supplied:
     (a) the replacement of the goods or the supply of equivalent goods;
     (b) the repair of the goods;
     (c) the payment of the cost of replacing those goods or of acquiring equivalent goods; or
     (d) the payment of the cost of having the goods repaired; or
(ii) In the case of services supplied:
     (a) the supplying of those services again; or
     (b) the payment of the cost of having those services supplied again

 

Statement on Colours

Actual product colours may not exactly match either the colour of samples or colours as they appear on screen. EC Carpets does not accept responsibility for any differences.

 

Third-Party Sites

EC Carpets may provide, on this Site, links to external websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all measures to guard against viruses or other destructive elements. EC Carpets makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that EC Carpets or this Site sponsors, endorses, is affiliated or associated with, such linked sites or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of EC Carpets or any of its affiliates or subsidiaries.

 

Information Provided by You

EC Carpets does not want you to, and you should not, send any confidential or proprietary information to EC Carpets via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to EC Carpets will not be considered confidential or proprietary. By providing any such information or materials to EC Carpets, you grant to EC Carpets an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials.

 

Changes in Terms of Use

EC Carpets reserves the right, at its sole discretion, to change, modifies, add or remove any portion of these Terms of Use in whole or in part, at our discretion and without notice. A copy of the current Terms of Use is displayed on the Site at all times. You should therefore periodically visit the Site to determine the then-current Terms of Use to which you are bound. By continuing to use the Site you accept the Terms of Use as they apply from time to time.

 

Termination, Changes in Site and Rights

EC Carpets shall have the right to terminate or suspend your access to all or any part of the Site and/or your right to use the Materials at any time, with or without notice, for any conduct that EC Carpets, in its sole discretion, believes is in violation of these Terms of Use or any applicable law, or is harmful to the interests of another user, any third party or EC Carpets. EC Carpets may terminate, change, suspend or discontinue any aspect of the Site and/or the Materials, including the availability of any features of the Site, at any time and without notice or liability. EC Carpets may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

 

International Users and Choice of Law

The Site is controlled, operated and administered by EC Carpets from its offices within Australia. EC Carpets makes no representation that Materials at the Site are appropriate or available for use at other locations outside of Australia , including access to the Materials at this Site from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Australian export laws and regulations. If you access this Site from locations outside of Australia, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of the State of New South Wales, Australia.

 

Scope of Agreement and Limitation of Actions

These Terms of Use constitute the entire agreement between EC Carpets and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Any cause of action you may have with respect to your use of the Site must be commenced within the period provided by any applicable statute of limitations. WAIVER: No delay or omission by EC Carpets to exercise any right occurring upon any action, inaction or non-compliance on your part with respect to any of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof or a waiver by EC Carpets of any other rights arising hereunder. If you have any questions, please contact your area sales consultant or head office 1800 324 768