Terms and Conditions

Acceptance of the Terms of Use

Welcome to the website of Luxury tile and stone, Inc. ("Company", “Luxury tile and stone”, “our”, "we" or "us"). The following terms and conditions (together with any documents referred to herein) ("Terms of Use") apply to your use of our website, www.luxurytileandstone.com.au, including any related web pages, content, functionality and services offered thereon (the "Website").  PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.

YOUR USE OF THE WEBSITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT EMBODYING THESE TERMS.  If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  This Website is hosted and operated in the Australia, pursuant to the applicable laws in Australia, and is only intended for users who are located in the Australia.

Modifications to Terms of Use

We may change these Terms of Use at any time, in our sole discretion, without prior notice to you by posting changes on this page of the Website.  You will be notified of any material changes to our Terms of Use on this page under “Last Update”, below.  It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made.  We may also notify registered users of material changes to these Terms of Use by email or on their user account page.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Last Update

Our Terms of Use were last updated on 19th May, 2016.

Intellectual Property Rights and Restrictions

The entire contents of the Website, including without limitation, all photographs, images, text, articles, publications, brochures, digital downloads, product information, software, code, data, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Website as a collective work and/or compilation (collectively the "Content") is protected by Australia and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned, controlled and/or licensed by Luxury tile and stone or any other party attributed as the owner or provider of any aspect of such Content.  You must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Website.  No right relating to any intellectual property of Luxury tile and stone or any other party is transferred to you or any other person as a result of the use of this Website.

Website Access and Limited License

Luxury tile and stone grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Website and its Contents for your personal use only.  You may download a copy of the Website (and any Content therein) for permitted uses under this limited license, provided that you maintain all copyright, trademark, service mark notices and other attributions contained in such Content (including without limitation, with respect to the copyrights, trademarks and service marks of Luxury tile and stone, its affiliates or any third parties that are identified).  Except as otherwise provided herein, You may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Website or any portion thereof without the express prior written consent of Luxury tile and stone.  In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Website or any Content.  We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate, these Terms of Use.

Registration

Certain areas of the Website may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential.  The protection of your username and password is your responsibility.  If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Website by such party in accordance therewith.

Changes to Website

We may change, suspend or discontinue and/or restrict the use of all or any portion of the Website (including the availability of any products, publications, digital downloads, data or other information contained or available on the Website), at any time for any reason and without notice or liability.  We reserve the right, with or without notice to you, to change any of the products or services offered on the Website or any other aspect of the Website including, but not limited to, hours of operation, site maps, menu structures, access procedures, buttons, articles, brochures, publications, digital downloads, and/or service providers.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

-        In any way that violates any applicable federal, state, local and international law or regulation.

-         To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).

-        Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, or otherwise use any device, software or routine that interferes with the proper working of the Website

-         Use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website).

-        Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.

-        Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.

-         Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website (including, without limitation, attacking the Website via a denial-of-service attack or a distributed denial-of-service attack).

-        Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.

Linking


The Website may link to other Internet websites and resources, including to the websites operated by advertisers and other third parties.  The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Luxury tile and stone of such other website(s), and is for your reference and convenience only.  Luxury tile and stone has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection with such other websites or their contents (including the accuracy thereof).  Linking to any third party website is at your own risk and subject to the terms and conditions of use of such third party website(s), which you should review carefully before engaging in any transactions on such website(s).

You may create a hyperlink to the homepage of our Website, provided that (i) you do not create a link to any part of the Website other than the homepage; (ii) you do so in a way that is fair and legal and does not damage our reputation or portray the Website, the Content, Luxury tile and stone and/or its affiliates, or our products or services in any false, misleading, derogatory, or otherwise offensive manner; (iii) you do not establish a link from any website not owned by you; (iv) such link does not suggest any form of association, approval or endorsement on our part where none exists; (v) such link accurately displays the Website or Content in full (including all copyrights, trademarks, service marks, branding, advertising and promotional materials) and as originally displayed on the Website (without alteration of any kind); and (vi) you do not in any circumstance "frame" the Website or any of its Content on any other website.  Any other use of the Website, Content or any intellectual properties of Luxury tile and stone as part of any link to the Website without Luxury tile and stone’s express written permission are strictly prohibited.  We reserve the right at any time, in our sole discretion, to withdraw the linking permission described in this paragraph without notice.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

Product Information

Although we have made every effort to display as accurately as possible the colors, description of products, or other Content that appears on this Website, this Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to colors, description of products, or other Content on this Website.  Luxury tile and stone reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions.

User-Generated Content

The Website may contain message boards, chat rooms, blogs, personal web pages, or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials on or through the Website (collectively, “User Generated Content”).  All User Generated Content must comply with the Content Standards set out below in these Terms of Use.  All User Generated Content you post to the Website will be considered non-confidential and non-proprietary, and Luxury tile and stone shall have the right to use, copy, distribute and disclose to third parties any such material for any such purpose.  Through your posting of User Generated Content, you grant to Luxury tile and stone and its affiliates the irrevocable, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time.  Luxury tile and stone has no obligation to provide attribution for any User-Generated Content you provide.   By posting User-Generated Content, you represent and warrant that: (i) you either own or control all rights in and to the User-Generated Content and have the right to grant the Company and its affiliates the license granted above; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) you waive any moral rights you may have, including if the User-Generated Content is changed in a manner not agreeable to you.

You understand and acknowledge that you are solely responsible for the User-Generated Content you submit, post, email or otherwise make available through the Website.  Luxury tile and stone has no duty to monitor, pre-screen or regularly review submissions made to the Website.  Notwithstanding the foregoing, Luxury tile and stone has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use (including Content Standards), in Luxury tile and stone’s sole discretion.   Luxury tile and stone does not take any responsibility or assume any liability for any User-Generated Content posted by you or any third party, including the failure to maintain the same.  All opinions expressed by users in User-Generated Content, other than content expressly posted by the Company, are expressed strictly in such user’s individual capacity and do not reflect the opinion of the Company.  All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Luxury tile and stone in its sole discretion.  If you do not agree to these terms, do not submit any User-Generated Content.

User Identity and Privacy

Luxury tile and stone does not warrant or claim to have verified the identity of any user providing User Generated Content.  There may be users who post under a false identity.  Luxury tile and stone reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any law, regulation or government request, to the fullest extent of the law.  For information on our privacy policies regarding personal information collected on the Website, please see our Privacy Policy.

Indemnification

You shall indemnify, defend and hold harmless Luxury tile and stone, its affiliates, and their respective officers, directors, managers, agents, employees, shareholders, service providers, suppliers, licensors and licensees (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Website or breach of these Terms of Use by you or any user of your account.  Luxury tile and stone reserves the right, at its own expense, to assume the exclusive defense and control of any such Proceeding otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of Luxury tile and stone.

Disclaimer of Warranties

THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS.  NEITHER LUXURY TILE AND STONE, NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS (INCLUDING SUPPLIERS), EMPLOYEES, AGENTS, OFFICERS/DIRECTORS/MANAGERS, AND ANY OTHER SIMILARLY SITUATED PERSONS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS).

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LUXURY TILE AND STONE AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES AS TO THE WEBSITE AND THE CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, REASONABLE CARE, COMPATIBILITY, SECURITY (INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION FROM, TO OR THROUGH THE WEBSITE OR ANY LINKED SITE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT), SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LUXURY TILE AND STONE OR ITS ASSOCIATED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING,  WITHOUT LIMITATION,  ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF LUXURY TILE AND STONE OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF LUXURY TILE AND STONE AND ITS ASSOCIATED PERSONS TO YOU FOR ANY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED $100, IN THE AGGREGATE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Choice of Law; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard to its principles of conflict of laws.  The sole and exclusive jurisdiction for any claim, dispute or Proceeding (“Action”) arising out of or related to these Terms of Use shall be in the State or Federal courts located within Hudson County in the State of New Jersey.  You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections you may have on the basis of forum non-conveniens, venue, jurisdiction or otherwise.  To the fullest extent permitted by applicable law, no Action with respect to this Website (or to products or services purchased through the Website) shall be joined to an Action involving any other party, whether through class action proceedings or otherwise.  You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one (1) year after such Action accrues, otherwise, such Action is permanently barred.  Notwithstanding the foregoing, (1) if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and (2) we reserve the right to bring an Action against you for a breach of these Terms of Use in your state of residence or any other relevant country (if you reside outside Australia).

Copyright Violations

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers.  Please direct all such notifications to: info@luxurytileandstone.com.au and insert “Re: Copyright Violation” in the subject line header of the email.

Severability; Waiver

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

Entire Agreement

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Website) constitute the entire agreement between you and Luxury tile and stone with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Digital Disclaimer

All of the content contained on the Luxury tile and stone is edited, checked, and verified for accuracy as much as it is possible to do so. However, we cannot guarantee either its accuracy or the safety of any external links it might contain. Luxury tile and stone, as well as its owners, affiliates, and contributing authors can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our site.

Due to monitor settings, monitor pixel definitions, limitations of desktop scanners, digital photography, and batch variations, we cannot guarantee that the colour you see on your screen is an exact colour of the product. We strive to make our colours as accurate as possible, but screen images are intended as a guide only and should not be regarded as absolutely correct.  If in any doubt regarding colours please visit our showroom and sight the tiles in person.

Before using our products, buyers should carefully evaluate accuracy, colour, quantity, completeness and relevance for their particular job, and should obtain any appropriate professional advice relevant to their particular circumstances.

As no claims will be accepted after tiles and stone have been fixed, the purchaser should ensure that the tiles and stone are suitable and the quantities are correct.

In some cases the material on this site may incorporate or summarise views, guidelines or recommendations of third parties.  Such material is assembled in good faith, but does not necessarily reflect the views of Luxury tile and stone.