Terms of use

1. General

(a) www.furnishd.com.au is a site operated by HomePal Technology Pty Ltd (ACN 627 330 214(we, us, or our). 

(b) This page, and any documents referred to in it, governs the terms of use under which you may make use of our goodsservices and website www.furnishd.com.au (collectively referred to as the Site).  

(c) The term you refers to the person or organisation accessing, using or relying upon the Site.  

(d) By using, browsing or accessing the Site, you indicate that you have readunderstood and accept these terms of use, together with our  Privacy Policy, and that you agree to abide by them.  

(e) We encourage you to:  

       (i) read these terms of use (Termsbefore you start to use the Site; and  

       (ii) contact us by email at support@furnishd.com.au if you have any particular questions in relation to the use of the Site.  

(f) If you do not agree to these Terms, you should not access or otherwise use the Site and the goods and services offered on, or via, the Site 

(g) We may vary the Terms at any time, which will be effective immediately upon posting to the Site. You should regularly check the Terms for updates. Using the Site after the updated Terms are posted to the Site constitutes your acceptance of the updated Terms.  

2. Accessing the Site

(a) We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period.

(b) Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the goods, services and content we provide on the Site without notice.

(c) From time to time, we may restrict access to some parts of the Site (wholly or partly).

(d) You are responsible for:

       (i) making all arrangements necessary for you to have access to the Site;

       (ii) for ensuring that all persons who access the Site through your internet connection, mobile device, or otherwise, are aware of these Terms, and that they comply with them; and

       (iii) determining that the Site meets your personal needs and is suitable for the purposes for which it is accessed.

(e) When accessing and using the Site, you must not:

       (i) attempt to undermine the security or integrity of:

           (A) our computing systems or networks;

           (B) a third party’s computing systems and networks where the Site is hosted;

       (ii) use, or misuse, the Site in any way which may impair the:

           (A) functionality of the Site, or other systems used in the course of delivering the Site;

           (B) ability of any other user to use the Site;

       (iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access, or to the computer system on which the Site is hosted;

       (iv) transmit, or input into the Site any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or

       (v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site.

3. User account and password

(a) You do not need to register or login to the Site in order to view the content and information on the Site, but you will need to create an account with us (Account) to place orders for goods or services on the Site.

(b) Your Account will be operated by an email address and password (Password).

(c) You may change or reset your Password by selecting the ‘Lost Your Password?’ link in the login process.

(d) You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.

(e) In relation to your Account, you undertake to:

       (i) not disclose your Password to any third party and take reasonable measures to prevent disclosure of your Password to any third parties;

       (ii) notify us immediately of any unauthorised use of or other security breach related to our Account or Password;

       (iii) provide only accurate, complete registration information, and update that information if it changes in order to keep it current, complete and accurate;

       (iv) create only 1 account on the Site, and you will remain responsible for anything that happens through your Account; and

       (v) not impersonate another account holder or provide false identity information to gain access to or use the Site.

4. Orders

(a) By submitting an order via the Site (Order), you are making an offer to purchase the goods or services on these Terms, such offer being irrevocable for a period of days after receipt of your offer, unless otherwise agreed in writing by us.  

(b) We will be deemed to have accepted your offer by taking any of the following actions before the period referred to in paragraph 4(a), or the date you revoke your offer: 

       (i) sending you written notice (by email or otherwiseof acceptance of your offer;  

       (ii) dispatching goods and services contained in your offer; or 

       (iii) sending you an invoice for the goods and services in your offer. 

(c) You acknowledge and accept that we, at our discretion, reserve the right not to supply goods and services, for any reason (including where the goods or services are not, or cease to be, available, or there are account disputes or conditions placed on us by our suppliers). Some goods displayed on, or via, the Site may be unavailable, out of stock or only offered for a limited time only. We make no representation as to the continued availability of such goodsWe will not be liable to you for any loss or damage you suffer due to us not supplying goods and services, including pursuant to this paragraph. 

5. Payments

(a) All goods and services are sold on a cash before delivery basis meaning that full payment must be received by us prior to dispatch of the goods and services, unless otherwise agreed in writing.  

(b) If an invoice is not paid by the due date, we may, at our discretion, withhold further deliveries to you, without prejudice to any of our existing rights. 

(c) Failure to pay an invoice by the due date shall be deemed a material breach of these Terms. 

6. Prices and GST

(a) Unless otherwise stated, all prices quoted by us and on the Site are inclusive of GST.  

(b) We reserve the right to change the prices of goods and services displayed via the Site at any time. In the event the price quoted is revised by us subsequent to us accepting an Order, you will have the right to cancel your Order. 

(c) You will bear all liability for GST and shall not require us to pay any amount on account of GST. In addition, wwill be entitled to recover from you any GST paid or payable by it in respect to the provision of the goods and services. 

7. Your obligations

(a) Where you have engaged us to provide ‘e-design’ services, your responsibilities and obligations include: 

       (i) providing written approvals and instructions promptly; 

       (ii) providing builder’s working drawings, and schedule of works in a form suitable for use by us; and 

       (iii) providing any other materials or information required for us to perform the services. 

(b) You acknowledge and agree that: 

       (i) we will provide you with design boards and a personalised shopping list of goods to purchase;  

       (ii) revisions to the mood board are capped at 2 rounds for the ‘Classic’ package; unlimited rounds for the 2 rounds for the ‘Premium’ package. 

       (iii) if you fail to provide a substantive response within 14 days of delivery by us of the design boards, then the design boards are deemed to be approved by you; 

       (iv) our ability to perform the services is contingent upon the prompt performance of your obligations;  

       (v) any delays in the performance of your obligations, or variations to the services caused by you, may delay performance of the services and any such delay caused or contributed by you shall not constitute a breach of these Terms by us; and 

       (vi) all intellectual property rights created or developed by us in connection with the ‘e-designer’ services vest in us upon creation. 

(c) We may by agreement, and subject to these Terms, purchase the goods on the shopping list on your behalf. 

8. Risk

(a) All risk in goods, including the risk of damage to, or loss of, the goods (whether or not attached, fixed or incorporated into any other property), passes to you on Delivery (as defined in paragraph 9 below).  

(b) You must insure the goods on or before Delivery. 

9. Delivery

(a) Delivery of the goods is taken to occur at the time the goods are unloaded at the delivery address nominated on your Account, even if you are not present at the address (as applicable) (Delivery).

(b) We use a wide variety of suppliers who all use their own nominated delivery companies. Delivery is subject to the suppliers’ delivery policy and terms and conditions and we are not liable for any damage or loss caused by the delivery companies, including to your goods or property. If damage or loss does occur, any damage claims are to be made directly to the delivery company by you. We are conduit to the delivery service by those third parties to you and do not endorse them. Your use of those delivery companies is at your own risk.

(c) We may on occasion deliver goods to you. If so:

       (i) all Orders and Deliveries are subject to our Delivery Policy;

       (ii) there are a small number of remote Australian locations that we are unable to deliver to. If a you place an Order for Delivery to an unserviceable location, we will contact you and refund any amounts paid;

       (iii) we are unable to deliver to PO Box or Locker addresses;

       (iv) we do not provide international delivery options;

       (v) you must take Delivery. In the event that you are unable, or refuse, to take Delivery of the goods as arranged then we will pass on any additional courier, storage or other charges that may apply based on new Delivery arrangements;

       (vi) we may deliver the goods subject to an Order in separate consignments. Each consignment must be paid for in accordance with these Terms or as otherwise agreed;

       (vii) any Delivery time or date given by us to you is an estimate only. You must still accept Delivery of the goods even if late and we will not be liable for any loss or damage incurred by you as a result of the Delivery being after the estimated Delivery time;

       (viii) our failure to Deliver will not entitle either party to treat these Terms as repudiated; and

       (ix) backorders will be shipped as soon as they are available.

10. Cancellation of Orders

(a) You will not be entitled to cancel the whole or part of the Order or to claim compensation by reason of:  

       (i) our failure to comply with the Delivery requirements;  

       (ii) minor variations to the goods, including as a result of changes to the manufacturing process or specifications of the goods, so long as the overall functionality of the goods is no less than those ordered by you. 

(b) You will not have any right to cancel an Order for the supply of any of the following goods: 

       (i) the supply of goods:  

       (ii) due to a change of mind; 

       (iii) made to your specifications or clearly personalized; 

       (iv) which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; and 

       (v) the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right. 

11. Returns

(a) All returns are subject to our Returns Policy.  

(b) You are fully responsible for the cost of returning and exchanging the goods.  

(c) All goods returned must be unopened and in their original shipped condition, including all product packaging.  

(d) Goods which appear to be worn, used or damaged after Delivery, or altered in any way, will not be eligible for an account credit or credit note. 

12. Personal information

(a) Any personal information provided by you is processed by us in accordance with our  Privacy Policy.  

(b) By using the Site and providing personal information, you consent to such processing and you warrant that all information provided is true and accurate. 

13. Site changes

(a) We may, but are under no obligation to, update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site, our social media pages or any websites linked to the profiles of third party providers.  

(b) Any of the content or information provided on, or via the Site, our social media pages, or any websites linked to the profiles of third party providers may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law 

14. Policies and guidelines

You shall comply with our policies and guidelines as applying from time to time.

15. Third party websites

(a) The Site may link to other websites, services, goods or resources on the Internet, and other websites, services, goods or resources may contain links to the Site. In this regard: 

       (i) these websitesservices, goods or resources are not under our control and are not maintained by us.  

       (ii) we are not responsible for the content of those websites, resources, goods or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else). 

       (iii) we only provide links to third party websitesservices, goods or resources for your information and convenience 

(b) Links, references or other connections to the websites, resources, goods or services mentioned in paragraph 15(a) do not imply any:  

       (i) endorsement of them; or  

       (ii) any association with their owners, operators or advertising material (as the context permits). 

(c) Your linking to or from these sites, or use of, or reliance on, such websites, resources, goods or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites or third party suppliers that you visit or transact with 

16. Linking to our site

(a) You may link to our homepage, provided you obtain our prior written consent. You can request our consent by sending us an email at support@furnishd.com.au 

(b) Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  

(c) You must not establish a link from any website that is not owned by you. 

(d) The Site must not be framed on any other site, and you may not create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice 

17. Intellectual property

(a) The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property lawsinformationtextmaterialsgraphicslogosbutton iconsimagesvideo and audio clips, trade marks (whether registered or not)advertisementslayoutarrangementgraphical user interfacelook and feeldatabases and control features (collectively, IP Content) 

(b) Without limiting the foregoing, we are the owner, or the licensee, of all intellectual property rights in the Site and the IP Content. 

(c) Subject to paragraph 17(b), you may print off copies, and download extracts, of any pages from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.  

(d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text.  

(e) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by visitors, users or third parties are those of the respective author, distributor or advertiserand not us. 

(f) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Siteor any of our social media pages, for commercial purposes without obtaining an express licence to do so from us or our licensors.  

(g) If you print off, copy or download any part of the Site or any of our social media pages in breach of these Terms 

       (i) your right to use the Site and our social media pages will cease immediatelyand  

       (ii) you must, at our discretion, return or destroy any copies of the materials you have made 

18. Disclaimers, limitation of liability and indemnity

(a) The IP Content displayed on or via the Site, our social media pages, any websites linked to the profiles of third party providers or any other links in relation to the goods or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracycompleteness, timelinessreliabilitycurrency or fitness for purpose.  

(b) It is your sole responsibility to determine that the Site meets your personal needs and is suitable for the purposes for which it is used. 

(c) Best efforts are made to ensure accuracy of the information provided by us (whether on the Site or otherwise).  

(d) To the full extent permitted by law, and without limiting the operation of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), we take no responsibility for:  

       (i) any errors and/or omissions advertised or published; and  

       (ii) any images, photos and/or descriptions of goods and services that differ from the actual goods and services 

(e) You acknowledge that descriptions and images (including lifestyle images) are for illustration, indicative or inspirational purposes only. 

(f) The colours and characteristics of goods displayed or represented on, or via, the Site are as accurate and close to the actual colour and characteristic of the goods offered by us. However, the actual colour and characteristic of the good may differ from the Site, including because the depiction of colour is dependent on lighting and the qualities of your online device.  

(g) All goods chosen are to be decided upon by you and it is your responsibility to check all measurements and specifications of goods before ordering. It is your responsibility to measure all access points and areas of the property (and surrounding areas) to confirm that all goods ordered will be able to be delivered to, and fit into, your property via the access points. Failure to do so may result in goods not being able to be delivered, or otherwise placed in the property, and we have no liability or responsibility in that regard. 

(h) To the extent permitted by law, we, our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us, hereby expressly exclude: 

       (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and 

       (ii) any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for: 

       (iii) any loss of or damage to any property belonging to you or any third person, or personal injury or death to you or any third person;  

       (iv) special, indirect or consequential loss or damage; or 

       (v) loss of income, revenue or profits, loss or interruption of business, loss of contracts, loss of anticipated savings, loss or corruption of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time, loss of opportunity or expectation loss, loss of production and for any other loss or damage of any kind,  

in any way connected with the Site, the goods or services, or in connection with the use, inability to use, or results of the use of the Site, any social medial pages and websites linked to it and any IP Content posted on, or via, the Site (or on, or via, our social media pages or any websites linked to the profiles of third party providers).  

(i) Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditionsor impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent.  

(j) If any such laws mentioned in paragraph 18(i) apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Australian Consumer Law, our liability is limited, and if any liability remains it will be limited to any one or more of the following in our discretion: 

       (i) in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and 

       (ii) in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again. 

(k) Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the price of the specific good or service giving rise to the claim, loss or damage, or USD$100 if you have not purchased anything 

(l) You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:  

       (i) the use of the Site, our social media pages or any websites linked to the profiles of third party providers or any other goods or services accessed via, or associated with, the Site (or our social media pages or any websites linked to the profiles of third party providers); 

       (ii) a breach of these Terms; or 

       (iii) an infringement of any rights of another including privacy rights and intellectual property rights 

19. Customer support

We may provide you with customer support from time to time, at our sole discretion, provided that you submit your enquiries to support@furnishd.com.au

20. Viruses and hacking

(a) You must not:  

       (i) misuse the Site by knowingly introducing virusestrojans, malware or other malicious or harmful material 

       (ii) attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.  

(b) We will not be liable for any loss or damage caused by a virustrojans, malware, system failures or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your:  

       (i) use of the Site;  

       (ii) downloading of any material or content posted on it, or on any website linked to it.  

(c) We recommend that all Internet users always ensure they have up to date virus checking software installed.  

21. Suspension and termination

(a) You agree that we may, at any time and at our discretion, with or without cause or any notice to you, terminate, suspend or block your access to:

       (i) any Account or Password (whether chosen by you or allocated by us);

       (ii) the Site (or our social media pages or any websites linked to the profiles of third party providers); and/or

       (iii) any goods and services offered on, or via the Site, our social media pages, or any websites linked to the profiles of third party providers.

(b) Cause for such suspension or termination shall include:

       (i) breaches or violations of:

           (A) these Terms;

           (B) our policies and guidelines (including our Privacy Policy); and

           (C) any other agreements entered into between the parties;

       (ii) requests by law enforcement or other government agencies;

       (iii) discontinuance of the Site or any websites linked to the Site (or any part thereof); or

       (iv) unexpected technical or security issues or problems.

(c) You agree that:

       (i) all such suspensions or terminations shall be made at our discretion and

       (ii) we shall not be liable to you or any third party for any such suspension or termination.

22. Force majeure

We shall not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of any acts, events, omissions, accidents or circumstances outside of our reasonable control, including strikeslock-outs or other industrial disputes, failure or breakdown of plant, machinery, software, hardware or communication networkact of Godnatural disasters, pandemic, epidemic or other widespread threat to human health (including an outbreak or recurrence), sabotagewar or national emergencyriotcivil commotioncomputer hackinginternet interruption or virus, malicious damagecompliance with any law or governmental order, rule, regulation or directionaccidentfireexplosionfloodstormdefault of hosting or data centre providers or other suppliers or sub-contractorsan act or omission of a third party and shortage of suppliersequipment and materials 

23. General

23.1 No waiver

No waiver is effective unless it is expressly stated in writing by us to be a waiver. A waiver cannot be implied by conduct, delay or failure to act.   

23.2 Severability

Any part of the Terms that is invalid, unlawful or unenforceable will be severed and the remaining parts will continue in force.  

23.3 Entire agreement

The Terms (and all documents referred to in it) constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, arrangements and agreements between them relating to the subject matter.

23.4 Assignment

We may assign or sublicense any of our rights or obligations under these Terms at any time 

23.5 No relationship

The Terms do not imply or create any relationship of agency, partnership, joint venture, employment or franchisor-franchisee between the parties.

23.6 Governing law and jurisdiction

The parties agree the Terms are governed by the laws of Victoria, Australia and submit to the exclusive jurisdiction of the courts of Victoria, Australia.

 

Last updated: 9 March 2020 

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