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A.
About this website
This is a website operated by 3D Paint Store (Holdings)
Limited (ABN 94 080 617 036) ("3D Paint Store (Holdings)
Limited ") under the domain name " http://www.colourclique.com.au
" (hereinafter referred to as the “website”)
identified by the page local to the website set up to
provide access to the website (hereinafter referred
to as the “Home page”) addressed at http://www.colourclique.com.au.
B. About these terms of use
These website terms of use (hereinafter the “terms
of use”) and the associated Privacy Statement
govern your access to and use of the website.
You should read these terms of use carefully before
using this website.
C. Your access/use implies agreement
The website is available for your use only on condition
that you agree to these terms of use. By accessing/using
the website, you are signifying your agreement to be
bound by these terms.
D. Certain other actions imply agreement to additional
terms
In addition to the terms of use, there may also be specific
terms (“additional terms”) which govern
your use of, and access to, particular sections of the
website. Since you are also bound by these additional
terms, you should review them wherever they are offered
to you.
Certain actions, payment or agreement on your part may
mean that such services are additional to the normal
terms and are subject to a separate agreement. When
this happens you shall be offered additional terms through
a hyperlink associated with these additional services.
Since you are also bound by these additional terms,
you should review them wherever they are offered to
you.
E. Limited license
3D Paint Store (Holdings) Limited grants you a limited,
personal, non-transferable, non-sub-licensable, revocable
license to:
(a) access and use the website, content and services
only; and
(b) access and use the website, content and services
in the manner presented by 3D Paint Store (Holdings)
Limited only.
None of the content and/or information may be reverse-engineered,
modified, reproduced, republished, translated into any
other language or computer language, re-transmitted
in any form or by any means, resold or redistributed
without the prior written consent of 3D Paint Store
(Holdings) Limited. You may not make, sell, offer for
sale, modify, reproduce, display, publicly perform,
import, distribute, retransmit or otherwise use the
content in any way, unless expressly permitted to do
so by 3D Paint Store (Holdings) Limited.
F. Modifications to the Terms
3D Paint Store (Holdings) Limited may revise and update
these terms of use at any time. Your continued usage
of the website after any changes to these terms of use
will mean you accept those changes.
G. Modifications to the information
While 3D Paint Store (Holdings) Limited has made every
effort to ensure that information on the website is
free from error, 3D Paint Store (Holdings) Limited does
not warrant the accuracy, adequacy or completeness of
material on this website. All information may be changed,
supplemented, deleted or updated without notice at the
sole discretion of 3D Paint Store (Holdings) Limited.
3D Paint Store (Holdings) Limited recommends that you
seek independent advice before acting upon material
on this website.
H. Errors and problems
While 3D Paint Store (Holdings) Limited has made every
effort to ensure that systems and information available
on the website is and shall be free from error, 3D Paint
Store (Holdings) Limited does not guarantee that the
website will be free from viruses, or that access to
the website will be uninterrupted.
I. 3D Paint Store (Holdings) Limited Privacy Policy
The 3D Paint Store (Holdings) Limited privacy policy
governs the use of information collected from or provided
by you at the website. A policy statement prepared by
3D Paint Store (Holdings) Limited for the purposes of
being made available to customers and the general public
declaring the company's commitment to the Privacy Act
1988 (Cth) (hereinafter the “Privacy Act”)
for a company required to comply is available at http://www.colourclique.com.au/privacy.html
.
With respect to any personal information (related to
you or to any other person) provided by you to 3D Paint
Store (Holdings) Limited, you represent to 3D Paint
Store (Holdings) Limited that you consent to and have
obtained all necessary consents for the processing of
such personal information, including the transfer of
such information to Australia to be handled by 3D Paint
Store (Holdings) Limited in a manner as required by
the Privacy Act, regardless of the privacy requirements
and provisions of its state and country of origin or
your or your associate’s state and country of
residence.
J. License and Ownership
Any and all intellectual property rights (hereinafter
called ”intellectual property”) associated
with the website and its material and contents (hereinafter
called the “content”) are the sole property
of 3D Paint Store (Holdings) Limited. The copyright
for the content on this website is owned or licensed
by 3D Paint Store (Holdings) Limited and is protected
by copyright and other laws in both Australia and other
countries.
Except where necessary for viewing the material on this
website on your browser, or as permitted under the Copyright
Act 1968 (Cth) or other applicable laws or these terms
of use, no material on this website may be reproduced,
adapted, uploaded to a third party, linked to, framed,
performed in public, distributed or transmitted in any
form by any process without the specific written consent
of 3D Paint Store (Holdings) Limited.
"W-O", and all custom graphics, icons, and
other items that appear on the website and all associated
trademarks, are trademarks of 3D Paint Store (Holdings)
Limited.
K. Outbound links
The website may contain links to third-party websites
and resources (hereinafter referred to as “linked
sites”). These linked sites are provided solely
as a convenience to you and not as an endorsement by
3D Paint Store (Holdings) Limited of the content on
such linked sites. 3D Paint Store (Holdings) Limited
makes no representations or warranties regarding the
correctness, accuracy, performance or quality of any
content, software, service or application found at any
linked site. 3D Paint Store (Holdings) Limited is not
responsible for the availability of the linked site
or the content or activities of such sites. If you decide
to access linked sites, you do so at your own risk.
If you do decide to make use of the link you should
remember that your use of the linked site is likely
to be subject to terms and conditions of use similar
to these, including but not limited to, the linked site's
privacy policy. 3D Paint Store (Holdings) Limited recommends
that you review such terms before using the linked site.
To the fullest extent possible at law, 3D Paint Store
(Holdings) Limited makes no warranties or representations:
regarding the quality, accuracy, merchantability or
fitness for purpose of third party material or products
or services available through linked sites; or that
third party material available from a linked site does
not infringe the intellectual property rights of any
person. Without impacting its ability to exclude itself
from such responsibilities and warranties 3D Paint Store
(Holdings) Limited may receive payments and/or commissions
from operators of linked sites in relation to goods
or services supplied by the operator as a result of
you linking to the third party website from the Website
3D Paint Store (Holdings) Limited.
L. Inbound links
3D Paint Store (Holdings) Limited generally encourages
and agrees to your linking to the Home page through
a plain text link on your website without the need for
agreement between yourself and 3D Paint Store (Holdings)
Limited. However, linking to any other page of the website
is strictly prohibited, in the absence of a separate
agreement between you and 3D Paint Store (Holdings)
Limited that clearly describes the rights and responsibilities
of linking to other pages. Any website or other device
that links to the Home page or any page available therein
is prohibited from:
(a) replicating content, and/or
(b) using a browser or border environment around the
content, and/or
(c) implying in any fashion that 3D Paint Store (Holdings)
Limited is endorsing it or its products, and/or
(d) misrepresenting any state of facts, including its
relationship with 3D Paint Store (Holdings) Limited,
and/or
(e) presenting false information about 3D Paint Store
(Holdings) Limited products or services, and/or
(f) using 3D Paint Store (Holdings) Limited logo(s)
or trademark(s)
without express written permission from 3D Paint Store
(Holdings) Limited.
M. Submissions
While not refusing to accept ideas from you regarding
information available on the website (hereinafter called
“comments”) 3D Paint Store (Holdings) Limited
does not encourage you to make such comments. If you
do send such comments, you acknowledge that:
(a) they will not be considered confidential or proprietary,
and
(b) 3D Paint Store (Holdings) Limited is under no obligation
to keep such information confidential, and
(c) 3D Paint Store (Holdings) Limited will have an unrestricted,
irrevocable, world-wide, royalty free right to use,
communicate, reproduce, publish, display, distribute
and exploit such comments in any manner it chooses.
N. Disclaimer of Warranties
To the fullest extent permitted by law 3D Paint Store
(Holdings) Limited makes no representations or warranties
about the accuracy, completeness, security or timeliness
of the content, information or services provided by
the website and disclaims all warranties, either express
or implied, statutory or otherwise, including but not
limited to the implied warranties of merchantability,
non-infringement of third parties' rights, and fitness
for a particular purpose.
O. Limitation of Liability
To the fullest extent permitted by law and to the extent
that 3D Paint Store (Holdings) Limited is otherwise
found responsible for any damages, 3D Paint Store (Holdings)
Limited is responsible for actual damages only. In no
event shall 3D Paint Store (Holdings) Limited, be liable
for any incidental, indirect, exemplary, punitive and/or
consequential damages, lost profits, or damages resulting
from lost data or business interruption resulting from
the use of or inability to use the website.
P. Jurisdiction
Unless expressly agreed otherwise:
(a) the Australian section is provided for use only
by Australian residents. The law applicable to use of
the Australian section and to disputes arising out of
the Australian section is the law of the State/Territory
of NSW; and
(b) the International Section is provided for use by
residents of any country in the world, but to the fullest
extent permitted by law the law applicable to use of
the International Section and to disputes arising out
of the International Section is the law of the State/Territory
of NSW.
Q. Customer Service
Questions or comments regarding the Website may be submitted
to 3D Paint Store (Holdings) Limited Customer Service.
R. Refunds
3D Paint Store (Holdings) Limited has a no refunds policy
for Colour Clique memberships.
S. Delivery
Upon joining the Colour Clique, 3D Paint Store (Holdings)
Limited will send you your membership card within 14
days of receiving your application at the head office
in East Maitland NSW.
Published by 3D Paint Store (Holdings) Limited
6/140 Melbourne Street
East Maitland NSW 2323
1800 024 803
Date of Publication - 10th March 2008
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