Terms and Conditions

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. These Terms and Conditions form a binding agreement between you ('Customer') and us, Mastatech Enterprises Pty Ltd ('directpaint.com.au'). If you do not agree to these Terms and Conditions, please do not use this site.

By accessing and using this site, you are confirming that the user is over 18 years of age.

Our Returns Policy and Delivery Policy form part of these Terms and Conditions.

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 receipt of data, materials and information available at or through the Website). Both the Customer and directpaint.com.au 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.

PRIVACY

Information about how we collect, hold, use and disclose personal information is set out in our Privacy Policy.

By placing an order via directpaint.com.au, you agree that we may collect and use your personal information in accordance with our Privacy Policy (as updated from time to time), as necessary to keep you informed about and fulfil your order.  This may involve disclosing your personal information to third parties, such as our delivery partners.

You agree that we may also use your personal information to contact you with direct marketing information, such us advertising special offers, unless you advise us otherwise.

You consent to us disclosing your personal information to recipients located outside of Australia for purposes necessary or useful in the course of operating our business, and you agree that Australian Privacy Principle 8.1 will not apply to such disclosures.  For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able seek redress under, the Australian Privacy Act.  Further information about the circumstances in which such disclosures of information may occur is set out in our Privacy Policy.

You also agree that we may use 'cookies' and other related technologies to track your use of the website, for purposes such as facilitating your shopping cart, and understanding your preferences based on previous or current site activity, which enables us to provide you with improved services.  You may choose to turn off all cookies using your browser's settings, however you will no longer have access to many features that make your site experience more efficient, and some of our services will not function properly.

THIRD PARTY LINKS

This site may include links to other websites, operated by third parties.  Such links should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

The operators of these linked sites will have their own separate and independent privacy policies. We have no responsibility or liability for the content and activities of these linked sites.  Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these linked sites (including if a specific link does not work).

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.

Direct Paints November Promotion

  1. The promoter is Direct Paint, an online Paint store.
  2. The competition is only opened to residents within Australia, aged 18 years or over.
  3. There is no entry fee and no purchase necessary to enter this competition.
  4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  5. Route to entry for the competition are on Facebook and Instagram only.
  6. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
  7. Closing date for entry will be Friday 30th of November 2018 at 9:00am. After this date, no further entries to the competition will be permitted.
  8. No responsibility can be accepted for entries not received for whatever reason.
  9. The rules of the competition and how to enter are as follows:
    Simply comment reason(s) why you should win or tell us about your next project in less than 50 words. Increase your chances of winning by liking and sharing the post.
  10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  12. The prize is a: $100 voucher to be spent online at Direct Paint. The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  13. The customer must cover freight if the total order placed with Direct Paint is under $150. If over, the shipping is for free.
  14. The winner will be chosen: By an independent adjudicator or panel of judges appointed by the Promoter. 
  15. The winner will be announced on social media and notified by Facebook or Instagram message within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. 
  16. The promoter will provide the winner with the promotional code to use. 
  17. The voucher is valid for 6 months from the day it is received by the winner. 
  18. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  19. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  20. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
  21. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australia data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
  22. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Direct Paint and not to any other party.