Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing and using this site, you are confirming the accuracy of, and agreeing to be bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.

See also the Privacy Policy, Returns Policy and Delivery Policy.

Consideration

The Customer acknowledges and agrees that these Terms and Conditions are supported by reasonable and valuable consideration (including but not limited to use of the Website and the System, and the receipt of data, materials and information available at or through the Website and the System). Both the Customer and the Company acknowledge the receipt and adequacy of this consideration.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of directpaint.com.au. The collective work includes works that are licensed to directpaint.com.au. Copyright 2011, directpaint.com.au ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with directpaint.com.au or purchasing directpaint.com.au products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with directpaint.com.au or to purchase directpaint.com.au products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by directpaint.com.au. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, directpaint.com.au disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

directpaint.com.au does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

directpaint.com.au does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

directpaint.com.au shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if directpaint.com.au has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a directpaint.com.au product is mistakenly listed at an incorrect price, directpaint.com.au reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. directpaint.com.au reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, directpaint.com.au shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by directpaint.com.au without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

directpaint.com.au may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to directpaint.com.au.

Prices

All transactions through directpaint.com.au will be processed in AUD (Australian Dollars) only.

The Customer understands, acknowledges and agrees that:
  1. All Product prices displayed on the System and the Website are only applicable to the Website and Contracts of Sale entered into via the System;
  2. Different prices (including lower prices) may be charged for the Products by Authorised Dealers in-store at their retail premises;
  3. Any sales or promotional prices which apply to Products offered for sale by Authorised Dealers via the Website and the System may not apply in-store; and
  4. Any sales or promotional prices which apply to Products offered for sale in-store by one or more Authorised Dealers will not apply to Contracts of Sale entered into via the Website and the System (even if the relevant Contract of Sale is with an Authorised Dealer offering lower prices for Products in-store) unless otherwise expressly indicated.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of SA, Australia, without regard to choice of law provisions.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a directpaint.com.au or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

directpaint.com.au does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, directpaint.com.au is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.

However, directpaint.com.au reserves the right to block or remove communications or materials that it determines to be:
  1. Abusive, defamatory, or obscene;
  2. Fraudulent, deceptive, or misleading;
  3. In violation of a copyright, trademark or; other intellectual property right of another; or
  4. Offensive or otherwise unacceptable to directpaint.com.au in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless directpaint.com.au, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, directpaint.com.au may link to sites operated by third parties. However, even if the third party is affiliated with directpaint.com.au, directpaint.com.au has no control over these linked sites, all of which have separate privacy and data collection practices, independent of directpaint.com.au. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, directpaint.com.au seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).