Website Terms of Use

1. Introduction

The conditions of use of the Forestvale Design Centre websites include these terms, the Online Terms of Service, our Privacy Policy, and any other terms and conditions that appear in or are linked to or from the Site (Terms). These Terms govern your use of, and access to, the Site.

2. Content

i. The Site and their content are subject to copyright, and other intellectual property rights. These rights are owned by Forestvale Design Centre operating under David Hardy Holdings Pty Ltd (ACN 109 244 546), or in the case of some material, a third party.

ii. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent.

iii. The Site may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those site. You access those site and use the information, products and services made available at those site at your own risk.

3. Use of the Site

You must not:

i. Use the Site (including any of Forestvale Design Centre’s social media sites) for any activities, or post or transmit to or via the Site any information or materials, which:

a). breaches any laws or regulations, infringes a third party’s rights or privacy, or

b). which are contrary to any applicable standards or codes

c). interferes with other users, or defames, harasses, threatens, bullies, or offends any:

1. person, or which inhibits any other user from using the Site

2. is obscene, indecent, discriminatory, inflammatory or pornographic or which could

3. give rise to civil or criminal proceedings;

4. use the Site to send unsolicited commercial or bulk electronic messages;

5. make any fraudulent or speculative enquiries, reservations or requests using the Site;

d). provide false information when registering or changing your registration details;

e). tamper with, hinder the operation of or make unauthorised modifications to the Site;

f). knowingly transmit any virus or other disabling feature to or via the Site; or

g). attempt any of the above acts or permit another person to do any of the above acts.

4. Social media

i. Forestvale Design Centre uses a number of social media sites (e.g. YouTube and Facebook); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Site may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.

ii. Third party social media sites will also be governed by their own particular terms of use.

iii. Forestvale Design Centre does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on the Site or social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.

iv. Users must not post or upload any comment, content or link to the Site or social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.

v. Forestvale Design Centre may moderate user-posted content and may remove any content that, in Forestvale Design Centre’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed.

vi. Forestvale Design Centre does not undertake to inform users when such content has been moderated or removed. Forestvale Design Centre may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.

vii. Where you post or submit content to a Site, you warrant that you:

a). have the permission of the person/s appearing in the content to submit it to the Site, and for them and their image or likeness to be subject to these Terms, including use by Forestvale Design Centre and the Forestvale Design Centre Privacy Policy;

b). have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content;

viii. Forestvale Design Centre may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, at any time in the future, and via any media;

ix. Forestvale Design Centre does not accept any responsibility or liability where content is downloaded from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Forestvale Design Centre does not accept any liability for such actions; and

x. any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by Forestvale Design Centre to conduct campaigns, research and marketing activities and otherwise be used in accordance with Forestvale Design Centre’s Privacy Policy.

5. Privacy

See Forestvale Design Centre’s Privacy Policy for more information.

6. Liability

i. Forestvale Design Centre makes no representations or warranties of any kind, express or implied as to the operation of our Site or the information, content, materials or products included on our Site, except as otherwise provided under applicable laws.

ii. Neither Forestvale Design Centre, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our Site or sites linked to our Site. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.

iii. You assume all risk of use of all features of a Site. You release Forestvale Design Centre of all responsibility for any consequences of their use.

iv. By continuing to access our Site you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.

v. Our Site and the contents are provided to you on “as is” basis; our Site may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Site will always be available or fault- or virus- free.

7. Updates and termination

i. Forestvale Design Centre may vary these Terms at any time. By continuing to use the Site you consent to any variations. It is your responsibility to regularly check these Terms for any variations.

ii. At any time, we may, in our sole discretion, suspend or terminate the access to the Site for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.

iii. Forestvale Design Centre may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Site breaches these Terms, or any applicable laws.

iv. Forestvale Design Centre may identify or bring legal action against any person who is or may be breaching these Terms.

8. Jurisdiction

i. These Terms and the Site are governed by and construed in accordance with the State of Tasmania, Australia. If a dispute arises from these Terms, you agree to submit to the non- exclusive jurisdiction of the courts of Tasmania, Australia.

ii. The Site may be accessed in Australia and overseas. We make no representations that the Site comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.