Website Terms of Use
IMPORTANT: These terms and condition (“General Conditions”) govern your access to this website. By accessing this website, You agree to be legally bound by these General Conditions and our Privacy Statement. If you do not accept these General Conditions, You must refrain from using this website.
1. Introduction
1.1. References to “We”, “Us” or “Our” are references to Earp Brothers Hardware Pty Limited (ACN 000 343 117) as stipulated in clause 2.1 and its subsidiaries, controllers, unless otherwise stated.
1.2. References to “You” or “Your” refer to the person, partnership, company, trustee or entity accessing our website.
2. Acknowledgement and Acceptance of General Conditions
2.1. This website is owned and operated by the entities Earp Brothers Hardware Pty Limited (ACN 000 343 117) trading as “Earp Bro Tiles” and “Earp Bros Innovative Tile Solutions”; Earp Brothers & Co. Pty Limited (ACN 000 002 737); Bespoke Tile and Stone Pty Ltd (ACN 158 157 503); and/or “Associated Entities” as such term is defined in the Corporations Act 2001 (Cth) and each entity’s subsidiaries and controllers, unless otherwise stated.
2.2. Your access to this website is conditional upon Your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and Our Privacy Statement. Your use of, and/or access to, this website constitutes Your agreement to be bound by these General Conditions.
3. Ownership of Content
3.1. The materials displayed on this website, including without limitation all information, text, materials, graphics, software, advertisements, names, logos, trademarks, designs and patents (if any) on this website ("Content") are subject to intellectual property laws.
3.2. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except with our prior express written authority.
3.3. You must not use this website or the information on this website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights, or which is prohibited by these General Conditions.
3.4. All Content on this website is for information purposes only.
4. Advertising and Links to Other Web Websites
4.1. The information contained on this website is provided by Us in good faith. The information is derived from sources believed to be accurate and current as at the date indicated in the respective sections of this website.
4.2. This website contains links to third party websites. These linked websites are not under Our control and We are not responsible for the privacy practices or content of any linked website or any hyperlink contained in a link website. We provide these hyperlinks to You as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Us. Your link to any such website is entirely at Your own risk.
4.3. You may not create a link to any page of this website without our prior written consent.
5. Disclaimer
5.1. This website provides general information about Us and Our products and services. It is only intended to provide a general outline of Our services and products available in store.
5.2. We do not give warranty or accept responsibility for out-dated, misrepresented or inaccurate information on this website.
5.3. We do not warrant or represent as to the reliability, accuracy or completeness of the information, nor do We accept any responsibility arising in any way (including by negligence) for errors in, or omissions from, the information.
5.4. You must take Your own precautions to ensure that the process You employ for accessing this website does not expose You to the risk of virus or interference which may damage your own computer system. We do not accept any responsibility for such damage arising from use of this website or any linked website.
5.5. To the fullest extent permitted by law:
a) We exclude all representations and warranties relating to this website and its Contents, including without limitation, in relation to any inaccuracies or omissions; and
b) We exclude all liability for damages arising out of, or in connection with, your use of this website, including without limitation, loss of business or profits, damage caused to your computer, computer software, systems and programs, and the data thereon, or any other direct, or in direct, consequential and incidental damages.
6. Indemnity
6.1. You agree to indemnify us for all damages, losses, penalties, fines, expenses or costs (including legal costs) which arise out of or Your use of this website or any damage You cause to Our website. This indemnification includes, without limitation, liability relating to intellectual property right infringement including breach of copyright or trade mark, defamation, invasion or privacy or any other breaches of law.
7. Miscellaneous
7.1. These General Conditions are governed by the law of New South Wales, Australia. In relation to any dispute, You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
7.2. We reserve the right to make changes to this website at any time without notice to You.
8. Inconsistency
To the extent there is any inconsistency between these General Conditions, and the Purchase Order Terms and Conditions here, the Purchase Order Terms and Conditions are to apply.
9. Privacy Statement You can access and read Our Privacy Statement here.
10. Contact If You have any questions, comments, concerns or complaints about Our website or these General Conditions, please contact Us.