Terms & Conditions
AGREEMENT BETWEEN USER AND Online Windows
- The Online Windows Web Site is comprised of various Web pages operated by Online Windows.
- The Online Windows Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Online Windows Web Site constitutes your agreement to all such terms, conditions, and notices.
- By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Online Windows with respect to the supply of the Goods in accordance with these Terms.
- It is the responsibility of the client to confirm all details of the items they are about to purchase. Please take the time to review all of the items in your shopping cart and confirm that color, size, handing and other options are to your requirements. Online Windows accepts NO responsibility if customers do not fully understand the information that has been detailed on the website. Once the order is placed all details are final and cannot be changed from this point forward.
- All items are viewed from the outside
- All dimensions are actual aluminium frame sizes and do not include reveals or sub frames.
- Products supplied to Online Windows are manufactured by a member of the Australian Window Association and as such conforms to an Industry Code of Conduct designed to protect consumers. Members of the AWA are inspected by independent third party NATA accredited auditors to validate that the window and door products examined have been manufactured to the relevant Australian Standards (AS2047) and the legislative requirements of the National Construction Code of Australia.
- When installing windows and doors there are some precautions you should take to ensure that the products will retain their ex-factory condition until installation is complete and the job handed over. Refer to the manufacturers’ documents or the AWA Installation and Fixing Guides for instructions.
- Online Windows will provide each client with a compliance form 15 when your order is delivered.
- The Online Windows website has all the information you will need regarding your newly purchased items. It is recommended that you read the information provided in the maintenance section on the Online Windows website so you are able to properly care for your products. Proper maintenance of your windows and doors will ensure that they operate smoothly and properly for many years to come
- When placing an Order the Customer undertakes that all details that are provided to Online Windows are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
Online Windows reserves the right to change the terms, conditions, and notices under which the Online Windows Web Site is offered, including but not limited to the charges associated with the use of the Online Windows Web Site.
LINKS TO THIRD PARTY SITES
The Online Windows Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Online Windows and Online Windows is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Online Windows is not responsible for webcasting or any other form of transmission received from any Linked Site. Online Windows is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Online Windows of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Online Windows Web Site, you warrant to Online Windows that you will not use the Online Windows Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Online Windows Web Site in any manner which could damage, disable, overburden, or impair the Online Windows Web Site or interfere with any other party's use and enjoyment of the Online Windows Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Online Windows Web Sites.
USE OF COMMUNICATION SERVICES
The Online Windows Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Online Windows has no obligation to monitor the Communication Services. However, Online Windows reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Online Windows reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Online Windows reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Online Windows's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Online Windows does not control or endorse the content, messages or information found in any Communication Service and, therefore, Online Windows specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Online Windows spokespersons, and their views do not necessarily reflect those of Online Windows.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Online Windows OR POSTED AT ANY Online Windows WEB SITE
Online Windows does not claim ownership of the materials you provide to Online Windows (including feedback and suggestions) or post, upload, input or submit to any Online Windows Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Online Windows, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Online Windows is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Online Windows's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
- Online Windows reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
- Online Windows will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any lawUnless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Online Windows WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Online Windows AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Online Windows WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Online Windows WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ONLINEWINDOWS.COM.AU WILL NOT ACCEPT ANY LIABILITY OR CLAIMS FOR LATE ORDERS WHERE PROCUREMENT OF MATERIALS HAS COME FROM A THIRD PARTY SUPPLIER.
Online Windows AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Online Windows WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Online Windows AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : [email protected]
Online Windows reserves the right, in its sole discretion, to terminate your access to the Online Windows Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Queensland, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Queensland, Australia in all disputes arising out of or relating to the use of the Online Windows Web Site. Use of the Online Windows Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Online Windows as a result of this agreement or use of the Online Windows Web Site. Online Windows's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Online Windows's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Online Windows Web Site or information provided to or gathered by Online Windows with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Online Windows with respect to the Online Windows Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Online Windows with respect to the Online Windows Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Online Windows Web Site are: Copyright by Online Windows.com.au and/or its suppliers. All rights reserved.