Terms & Conditions of Use:
Thank you for visiting the DesignByThem Trade Portal (“Portal”). This Portal is operated by DesignByThem Pty Ltd (hereinafter “DesignByThem”) for use by approved customers and partners of DesignByThem (hereinafter “Client”).
Please take a few minutes to carefully review the following terms and conditions.
1.1 By using the Portal, Client agrees to be bound by these Terms and Conditions, as they may be modified and placed on this Portal at any time by DesignByThem at any time.
1.2 DesignByThem reserves the right to seek all remedies available by law and equity in the event of a violation of these terms and conditions.
1.3 If Client does not agree with any of these terms and conditions, do not use the Portal.
1.4 Where there is any express conflict or inconsistency between these Terms and Conditions and your obligations as a Client to the extent of such express conflict or inconsistency, these Terms and Conditions shall prevail for the purposes of the use of this Portal.
1.5 All Quotes generated by Client with use of the Portal is not confirmed until approved by DesignByThem in the form of a formal letterhead Quote including ABN of DesignByThem sent (electronically or physically) to Client.
2.1 DesignByThem may, at its sole discretion, update, modify, change, add or remove the Terms and Conditions (or any part thereof) at any time and with or without notice. Please check periodically for changes. DesignByThem may change, terminate, suspend or discontinue any aspect of the Portal, including the availability of any features on the Portal with or without notice. Please check periodically for changes. Client’s continued use of the Portal following the posting of such changes constitutes Client’s agreement to be bound by the changes.
2.3 All amended Terms and Conditions will automatically be accepted on entering the Portal. If Client does not agree with these changes you must cease all use of this website.
2.4 DesignByThem have the right to suspend, ban or refuse any entry to this Portal for whatsoever reason and are not required to provide any reasons for the decision.
3.1 All data, content, information and materials that may be found at and which comprise the Portal, including, but not limited to, customer information, account information, user information, product pricing, logins and passwords, images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, software or HTML code (collectively “Content”) are protected by privacy, confidentiality, trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by DesignByThem, its affiliates or third parties who have licensed such materials and content to DesignByThem.
4. USE OF PORTAL
4.1 All prices of products within the Portal are applicable for the Client only for commercial use and not for retail use.
4.2 DesignByThem may, at its sole discretion, update, modify, change, add or remove the price of products within the Portal at any time and with or without notice. Please check periodically for changes.
4.3 License. Subject to the terms and conditions of this Agreement, DesignByThem agrees to provide Client access to Client’s customer information with DesignByThem through the Portal. Client may display and print for its own use and for the use of Client’s employer information received via the Portal that pertains to Client or Client’s employer and its business with DesignByThem.
4.4 Restrictions on Use. Client shall not, directly or indirectly, (i) license, sell, lease, assign or otherwise transfer Content on the Portal or Portal software, (ii) alter or permit a third party to alter any part of the Content, Portal or Portal software; (iii) access or use any Content, information or materials of any third party available at the Portal; (iv) use or permit the use of the Portal, Content or Portal software except for the Client’s access to its own customer information; (v) distribute copies of information, materials or Content found on the Portal in any form (including by e-mail, other electronic means or physical transfer), without prior written permission from DesignByThem, or (vi) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Portal software.
4.5 Client Data. Client agrees that it is solely responsible for the accuracy of any and all information input by Client or provided to DesignByThem for use in conjunction with the Portal (the “Data”). Data shall not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious.
4.6 Passwords. Client is responsible for all use of its account and maintaining the confidentiality of all passwords and information. Sharing of passwords and account numbers and information is at Client’s own risk. Client is responsible for the security of all Data saved to the Portal.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
A. DesignByThem and its suppliers do not make, and hereby disclaim, any and all express, implied, or statutory warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing, course of performance, or trade usage. DesignByThem does not warrant that the portal is error-free or will operate without interruption or will not cause loss of or damage to data stored on computing devices on which it is installed. The portal may contain bugs, errors and other problems that could cause system or other failures and data loss from a computer with which the portal is used or accessed. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
B. Under no circumstances shall DesignByThem or its suppliers be liable for any type of damages or claims related to the portal, including but not limited to, incidental, special, punitive, indirect or consequential damages, even if DesignByThem or its representatives have been advised of the possibility of such damages or claims.