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Terms & Conditions

Welcome to our website. You should read the following Terms and Conditions before using ColorTile website (“this website”). Your use of this website is governed by the following Terms and Conditions. They describe your rights and responsibilities. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with all these Terms and Conditions, please exit the website now.

This site is owned and operated by ColorTile Pty Ltd ABN 53 145 801 181 (“ColorTile”, “we”, “us”). We reserve the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these Terms and Conditions from time to time for such changes. Changes may include superseding terms of use. Your continuing use of any part of this site constitutes your acceptance of any change or update, all of which shall become controlling when posted. These Terms and Conditions shall otherwise commence when you first visit the website or use any feature incorporated into it, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. We may, with or without cause, immediately terminate these Terms and Conditions without notice, and deny you access in our sole discretion. Without limiting the foregoing, we have the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms and Conditions or engage in conduct that we, in our sole discretion, consider unacceptable, including but not limited to entering incorrect or inaccurate information, or any use that interferes with us or any user.

  • PRODUCT DESCRIPTION AND COLOURS
    • Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
    • ColorTile cannot guarantee that the appearance and/or colour of the products shown or obtained as a sample exactly reproduces the appearance and /or colour of the physical product supplied. Variation in shade is inherent in all kiln-fired products and Natural Stone.
    • All ceramic tiles are subject to crazing. The degree of resistance varies from tile to tile depending on the type of product and the method of fixing. No tiles are guaranteed against crazing.
    • Tiling size is nominal only. Shrinkage rates vary from time to time depending upon firing temperatures and small variations shall occur from batch to batch. All variations shall be within Australian Standard AS4662-3003.
    • On demand and if available, ColorTile will supply test reports concerning the products’ performance.
  • INTELLECTUAL PROPERTY RIGHTS
    • Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website.
    • By posting or adding any content onto the website or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
    • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  • REGISTRATION AND SECURITY
    • In connection with your use of the website, you may establish or otherwise use passwords (“Passwords”) that you may need in order to access and use the Sales Representative Login or the Customer Representative Login on this website. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete, including all relevant delivery information. You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. We reserve the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we do not guarantee the accuracy of any information submitted by any user, nor verify any identity information about any user.
    • You are responsible for maintaining the confidentiality of your Passwords. You agree that you will be fully responsible for all activities that occur utilising your Passwords, and that we have no duty to inquire as to the authority or propriety of instructions provided via your Passwords, or to otherwise verify the identity of anyone using your Passwords. You agree that we shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your Passwords. If you permit access to your Passwords by third parties, then you agree to defend, indemnify and hold us harmless against any liability, losses, damages or costs and expenses (including legal’ fees) arising out of, or resulting from, such access and related use of the website. You also agree to immediately notify us if you become aware of any loss or theft of your Passwords or any unauthorised use of your Passwords. We reserve the right to block your Passwords for any reason. While We strive to protect your information and to prevent unauthorised access to any Registration Information on this website, no data transmission over the Internet can be guaranteed as totally secure. We cannot ensure the security of any information transmitted to or from the website or the security of Registration Information contained on the website.
    • We (including our directors, officers, employees and consultants) do not accept any liability for any loss, damage, cost or expense incurred by any person whatsoever arising out of or referable to unauthorised access to any Registration Information on this website or information transmitted to or from this website.
  • COPYRIGHT
    • Copyright in all information and other materials on this website (including information and its arrangement) is owned by ColorTile. All rights are reserved. Except as permitted under applicable laws, no part of this website may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of the ColorTile You may imprint, copy, download or temporarily store extracts from this website for your personal information or when you use ColorTile’ products and services. You must not alter anything. In particular you may not use a part of this website on any other website, or link any other website to this website, without the express written consent of ColorTile.
    • Nothing contained on this website should be construed as granting any licence or right of use of any trademark displayed on the website without the express written consent of ColorTile
  • INDEMNIFICATION
    • You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these Terms and Conditions. If you have to indemnify us under this Section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission. 
  • LIMITATION OF LIABILITY
    • We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk.
    • To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
    • To the fullest extent permitted by law, we exclude all liability, in contract or tort (including negligence), arising in connection with our website, including any liability in respect of loss of data, interruption of business.
    • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
    • We are not liable for any damage for breach or negligence or otherwise, except as stated.  Damage includes lost profits, lost savings, lost time, loss of or damage to goodwill, loss of or damage to data or records, and claims made against you by others.
    • These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations (such as the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010)). If such legislation applies, to the extent possible, we limit our liability. In respect of any liability which cannot be excluded in accordance with the above provisions, then we limit such liability, where lawful, to payment in the amount of $10 or the minimum amount permissible by law (if greater than $10).
  • FORCE MAJEURE
    • We will not be liable for any failure or delay in supply or delivery the products where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside of our reasonable control including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, pandemics and epidemics, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
  • TERMINATION
    • If you fail to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager is appointed for any property or assets or become liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator is appointed, we may, in addition to exercising all or any of its rights against you, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with these Terms and Conditions.
  • GOVERNING LAW
    • You agree that these Terms and Conditions shall be construed according to the laws of the State or Territory as we may in our sole discretion determine.  Proceedings may be instituted in such State or Territory as the Supplier may in its sole discretion determine.  Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales.
  • SERVICE OF DOCUMENTS
    • You agree that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to you last known address of.
  • PRIVACY
    • We will handle personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy available at https://colortile.com.au/privacy/ or on our website and you agree to the terms of that privacy policy.