TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

Effective April 2014

This website (the "Site") is owned by Laminex, a division of Laminex Group Pty Limited (ABN 98 004 093 092) ("Laminex").

By using this Site it is deemed that you accept the terms and conditions below (the "Terms of Use"). By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to the Terms of Use. The Terms of Use are subject to change from time to time, and should be reviewed for changes periodically. Use of the website after such changes constitutes your acceptance of the Terms of Use in effect at the time of such use. By using and/or visiting the Site you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent as may be required in your State/Territory. Alternatively, if you are using and/or visiting the Site as a representative of a business/company and certainly if you create or interact with a user registration on behalf of a business/company, you affirm that you are an authorised representative of the business/company and for the purposes of interpreting these terms any reference to “you” in these terms shall be taken as a reference to the business/company as a legal entity.

1. Scope of Use

This Site is provided by Laminex. All software and content included on the Site, such as text, images, and logos, are the owned or licensed property of Laminex, its licensors or content suppliers and are protected by copyright laws. Laminex grants you permission to view and use the content made available to you on the Site in connection with your use of the Site. Otherwise, no material from this Site or any other website owned, operated, licensed, or controlled by Laminex or any of its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as expressly permitted in these Terms of Use. Modification of the materials or use of the materials for any other purpose is a violation of Laminex’s copyright and other proprietary rights. Any product, process or technology described in this website may be the subject of other intellectual property rights reserved by Laminex or its affiliates and are not licensed hereunder. You have no proprietary right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site.

2. Privacy Policy

Any personal information you give us while using the Site will be stored and used in accordance with Laminex's Privacy Policy, available at laminex.com.au/privacy-policy.php. You should familiarise yourself with our Privacy Policy in conjunction with these Terms of Use.

3. Disclaimer

THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE TO THE EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAMINEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LAMINEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LAMINEX MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND LAMINEX DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

4. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, LAMINEX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF LAMINEX, AN AFFILIATE OF LAMINEX, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LAMINEX 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO LAMINEX, IF ANY, FOR ACCESSING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT AFFECTS ANY RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW OR OTHER LAW WHERE THOSE RIGHTS CANNOT BE LAWFULLY LIMITED OR EXCLUDED.

5. Indemnity

You agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.

6. User Submissions and Access Security

If you register with this Site, by registering you certify that the information you provide on the registration form is accurate and pertains only to you and/or your business. You are responsible for maintaining the confidentiality and security of your log-in information or password. Your log-in information and password may not be shared with or used by any other person, and may only be used in relation to this Site in ways that we authorize. You are solely liable for any unauthorized or otherwise unlawful use of any log-in information and password we may make available for you to access any part of this Site, and you will indemnify and hold Laminex harmless from any suit, claim, loss or damage (including attorneys' fees) arising from or relating to the unauthorized or otherwise unlawful use of any log-in information or password used to access any part of this Site.

7. Changes and Modifications

Laminex, at its sole discretion, may change, modify, revise and or remove any portion of these Terms of Use in whole or in part, at any time without notice or liability. Changes in these Terms of Use will be effective when posted. As outlined above, any use of the Site after such notice shall be deemed to constitute acceptance of such changes, modifications, or revisions, so you should check these Terms of Use regularly. Laminex may modify its products or services at any time.

Laminex may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Laminex may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability. Laminex may terminate the authorization, rights and license given to you, as provided herein, at any time.

8. Third-Party Providers and Sites and External Linking to the Site

On the Site Laminex may provide links or other access to websites or to payment processing functions operated by other entities as a convenience to Site users. If you use these links, you will leave Laminex's Site. Laminex makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Laminex disclaims all liability with regard to your access to such linked web sites. You should ensure that you have assessed and agree to any policies or terms of use applicable to those sites before use.

If you would like to link to this Site, you may do so only on the basis that you link only to, but do not replicate, the home page of this Site. By establishing a link to this Site, you will be deemed to have agreed to the following conditions:

  • you will not remove, distort or otherwise alter the size or appearance of any text, description, image or content displayed on this website or any Laminex logo, trademark, service mark, copyright, or other intellectual property;
  • you will not create a frame or any other browser or border environment around this Site and you will not replicate or mirror any content on this Site;
  • you will not in any way claim, represent or imply that Laminex endorses any products or services other than its own;
  • you will not misrepresent your relationship with Laminex nor communicate any other false, misleading or disparaging information about Laminex, its products, or its affiliates, employees or customers;
  • you will not otherwise use any Laminex trademarks or service marks displayed on this Site without express written permission from Laminex (which may be withheld in Laminex's discretion), and you shall make no use of such marks in a manner that is likely to cause confusion with, dilute or damage the goodwill in any Laminex trademark or service mark;
  • you will not link from a website that is not owned by you; and
  • you will not link this Site to any other digital destination that contains content that is distasteful, pornographic, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
  • you will immediately remove and disable all links to this Site upon Laminex's request.
  • Laminex expressly reserves the right to revoke the right granted in this section for breach of these terms or for any other act that Laminex determines, in its sole discretion, may damage Laminex or its business in any way, and to take any action it deems appropriate including, without limitation, disabling or blocking any link to this Site and seeking appropriate legal remedies. On request by Laminex, you will promptly remove and disable any link to this Site. You shall fully indemnify Laminex for any loss or damage suffered by Laminex for breach of any condition stated in this section and for any loss, damage or claim arising from or relating to your link to this Site. Laminex does not warrant or guarantee that any link to this Site will be functional, and assumes no responsibility to assure that any link will access the Site.
     

9. Trademark and Copyright Information

Trademarks and service marks that appear on the Site are trademarks of Laminex or one or more of its affiliates and may not be used in connection with any product or service that is not Laminex's or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Laminex. All trademarks and copyrights, unless otherwise noted, are owned or licensed by Laminex and its subsidiaries. All other brand names, product names, or trademarks belong to their respective holders. If you have any queries or concerns regarding any intellectual property as it pertains to the Site, please contact Laminex through the functionality contained within the Site or otherwise as may suit you.


10. Colour reproduction

Although the pictures of designs set out on the Site are as accurate as we can make them, different computers and viewing platforms offer different quality and standards of image and reproduction. As a result, we do not guarantee that the image you view on our Site will match the finished product exactly, and we will not be liable to you for any apparent differences when the product has been manufactured in accordance with its specifications. However, we are able to provide you with standard colour details on each of our designs as well as samples at no charge should you request them.


11. Store Locators

The distributors and flooring stockists listed on this Site are third party entities and are not owned or controlled by Laminex. Any details provided are for your convenience only and are not an endorsement of the distributors and flooring stockists or their products or service. Laminex makes no representations or warranties in relation to the workmanship of or any work or services undertaken by the distributors and flooring stockists listed on this Site and shall not be liable for any damages or injury arising out of the work undertaken by the distributors and flooring stockists. It is recommended that you satisfy yourself as to the suitability of a particular distributor and flooring stockist for any work or services you may require prior to any work being undertaken.


12. Governing Law

These terms shall be governed by and construed and enforced in accordance with the laws of the State of Victoria, Australia. You agree to submit to the jurisdiction of the courts located in the State of Victoria for resolution of all disputes arising from, concerning, or related to these Terms of Use and/or your use of the Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.


13. Local Laws

This Site is operated from or through one or more Laminex or third-party facilities. Laminex makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws. In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Laminex makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Any use of the Site is at your own risk. If any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision (if any) and in any event the remainder of the Terms of Use shall continue to apply and govern such use to the extent possible.


14. General Terms

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Laminex with respect to the viewing and use of this Site. No modification to this agreement shall be effective unless it is executed by Laminex. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach.