Terms of Use

WEBSITE TERMS OF USE

This “Pedestal System” website (“Site”) is provided by New City Ceramics International Pty Ltd (ABN 44 121 779 477) (“we” “our” or “us”).

The purpose of the Site is to provide general information in relation to products and services supplied or offered by us (including tile and stone adhesive systems, waterproofing and building product admixes). Your use of the Site is governed by the terms and conditions set out below (collectively “the Terms”).

By accessing and using the Site, and ticking the box below you accept and agree to be bound by the Terms.

DO NOT USE THE SITE IF YOU DON’T AGREE TO THE TERMS.

THE TERMS

  1. The material on this Site is provided for general information purposes and does not constitute advice in any manner whatsoever. No reliance should be made by you of any material, information, images, videos and text (“Content”) on this Site. You are advised to make your own assessment before using any such material, information or other Content.
  2. Whilst we have used reasonable efforts to check the accuracy of the information on this Site:
    1. we make no representation or warranty (and we do not, in any way, guarantee) that:
      1. the Content on this Site is correct, current, complete or fit for any use or purpose whatsoever; or
      2. the Content on this Site complies with the laws of any countries outside Australia; or
      3. use of any product or service in accordance with any information outlined or referred to in the Content on the Site will comply with the law of any Australian or foreign jurisdiction; and
    2. we may have relied on material or information provided by others in producing the Content on this Site and, in those circumstances, we may not have necessarily have made any independent inquiries of our own regarding such information.
  3. We reserve the right to change this Site (including any material, information or other Content forming part of the Site) and these Terms at any time without notice.
  4. We also reserve the right to suspend the Site completely, or in part, for all time or for a period of time.
  5. Further, we reserve the right at any time, and for any reason, to revoke authorisation to view, download, and print the materials available on this Site; and such authorisation shall be deemed to be discontinued immediately upon the removal of these materials from the Site.
  6. We may at any time, and without providing any reasons to you, prevent your access, use or access and use of the Site for any reason, including, but not limited to:
    1. your failure to comply with these Terms;
    2. your use of the Site for any illegal or inappropriate purpose (including, without limitation, the storage or dissemination of material which we, in our absolute discretion, deem inappropriate or offensive); or
    3. any interruption of service to the Site.
  7. You acknowledge, agree and undertake that you will only use this Site for obtaining general information concerning us and our goods and services and for no other purpose. You further acknowledge and agree that you will not:
    1. access, tamper with or otherwise use areas of the Site, other than as expressly authorised in these Terms;
    2. tamper with any Content;
    3. frame or link the Site without our prior written consent;
    4. in accessing, using or engaging in any other activity in relation to the Site:
      1. engage in any deceptive or misleading practices or in any activity in breach of the Australian Consumer Law, Competition and Consumer Act 2010 (Cth) or any Australian state or territory fair trading legislation or any similar legislation, code or governmental mandated standard or guideline operating anywhere in the world;
      2. infringe the intellectual property rights (including without limitation, the copyright, performers protection, moral rights, patent, confidential information, trademarks, service marks, designs or circuit layouts, whether or not now existing and whether registered or registrable (“Intellectual Property”) of any person;
      3. breach any law, regulation or contractual obligation you owe to a third person;
      4. defame or make any prejudicial or derogatory statement of or reference to any person;
    5. release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Site, without our prior written consent;
    6. post, email, transmit or otherwise make available any Content which:
      1. is in breach of the undertakings made by you in this clause 7; or
      2. contain any defects or viruses, time-bombs, back doors, trojan horses and any other form of malevolent or defective code or similar items (“Viruses”)
    7. decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, the Site; or
    8. use any Content contained on the Site in breach of these Terms.
  8. You acknowledge and agree that:
    1. we are not liable for any loss or damage of any sort incurred as the result of any reliance by you on any of the Content or other information on this Site;
    2. we do not guarantee that the Site will be error free or that the Site or the server that operates it are free of Viruses or other harmful components;
    3. you will conduct such virus scanning and other checks as may be necessary to ensure that any material you download will not corrupt in any way your data, software or systems or those of any other person; and
    4. we have not provided any warranty or representation that the Site:
      1. will not infringe or otherwise violate the rights (including Intellectual Property rights) of any person;
      2. will not constitute a misuse of any person’s confidential information;
      3. will meet your requirements;
      4. does not contain any defects or Viruses;
      5. will be error free;
      6. contains no defects, faults or malfunctions; or
      7. will be operative at all times;
    5. any rights granted to you pursuant to these Terms constitute a licence and not a transfer of title. You do not obtain any ownership right, title, or other interest in Content (or in the Intellectual Property rights subsisting in any Content) by downloading, copying, or otherwise using the Site or any Content housed on the Site or made available through use of the Site;
    6. our use of this Site, including any and all Content on the Site, is entirely at your own risk and we take no responsibility for any inaccuracies, errors, omissions or defects;
    7. we will not be under any liability to you for any loss or damage (including consequential loss or damage) however caused, whether by negligence or otherwise, that arises in any way from the use of or reliance on the material on this Site or any Content housed on the Site or made available through use of the Site;
    8. to the fullest extent permitted by law, we exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information contained on this Site, howsoever such damage may be caused. If any law prohibits the exclusion of such liability, you acknowledge and agree that our total liability (whether in contract, tort (including, without limitation, negligence) or breach of any legal or equitable obligation or for breach of any statute of any legislative body or any sub-ordinate instrument made under such statute is limited, to the extent permitted by law, to the resupply of any Content found on the Site;
    9. references to any other website or to any other goods or services are provided by way of information only and are not provided, and should not be taken to be, any endorsement of such website or goods or services (and a failure to make a reference (or omissions in making such a reference) in relation to any other website or to any other goods or services is not intended to be, and should not be taken to be, a lack of confidence in such other website or other goods or services); and
    10. when accessing, browsing, viewing or otherwise using, the Site you accept and acknowledge that this Site contains material or information that is, or may be, the subject of copyright or other Intellectual Property or other legal or equitable rights belonging to, or held by, us and of third parties.
  9. We will use any personal information provided by you or which we derive from your access or use of the Site (or any Content contained on it) in accordance with our Privacy Policy which may be accessed at tilers-express.com.au.
  10. If you are in doubt as to the use of material, information on other Content on the site, you are directed to contact: Tilers Express International Pty Ltd, 15-19 Meaden Street Southbank Victoria 3006. The preferred method of making contact is by email to [email protected] . Our phone number is (03) 9682 0555.
  11. These terms are governed by the law of the State of Victoria. You acknowledge and agree that you irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them to determine any dispute arising out of, related to or connected with:
    1. these Terms; or
    2. your use of Site or any Content housed on the Site or made available through use of the Site.