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Website Terms of Use

Binding terms

1. This website is operated by Fantastic Furniture Pty Limited (ABN 66 003 688 855), a subsidiary of Fantastic Holdings Limited (ABN 19 004 000 775) (“our”, “us” or “we”) and includes all web pages under or forming part of the domain name www.fantasticfurniture.com.au. By using this website, you agree to be bound by an agreement created between you and us under these Terms of Use. If you do not agree to these Terms of Use, please do not use this website and/or any information derived as a result of the use of this website.

The parties

2. If you are a natural person, then these Terms of Use constitute a legally binding agreement between you and us and govern your use of our website.

3. If the user of our website uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our website that the user warrants that he or she has authority to accept these Terms of Use on behalf of that body corporate, and these Terms of Use specify the terms of a legally binding agreement between that body corporate (and “you” in these Terms of Use means that body corporate) and us.

Amendments

4. We reserve the right to amend these Terms of Use, without notice, from time to time for legal or commercial reasons. If you do not agree with the amended Terms of Use, you must not continue to access or use this website.

General Disclaimer

5. To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on the services or the information contained on or accessed through this website.

6. You are responsible for protecting your computer systems and we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the website.

7. To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms of Use is hereby excluded.

8. Nothing in these Terms of Use excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State legislation and which cannot be excluded, restricted or modified ("non-excludable right"). To the fullest extent permitted by law, our liability to you for a breach of a non-excludable right is limited, at our sole discretion, to the reperformance of the services or the payment of the cost of having the services supplied again.

Third party websites

9. Our website may link you to other websites on the internet. These other websites are not under our control and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by us or any association with its operators.

10. Accessing those websites is your decision and to the fullest extent permitted by law, we are not responsible or liable in any way for:

(a) your use of those linked websites or any loss or damage incurred arising out of or in connection with your use of them; and

(b) the content or practices of those websites operated by third parties that are linked to our website.

Copyright

11. Except where otherwise stated, we own, are authorised, or have licence rights in all intellectual property rights in the content contained on this website or the content is owned by the relevant third party. Except as stated on the website or as otherwise provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of this website may otherwise be copied, reproduced, adapted or transmitted in any form by any process without the relevant owner's written consent. Any use of licensed content is subject to these Terms of Use.

Trade Marks

12. The trade marks, service marks and logos (Trade Marks) used in this website are our registered or unregistered Trade Marks or are owned by the relevant third party. No Trade Mark may be copied, reproduced, adapted or transmitted in any form without the relevant owner's consent.

Use of website information

13. The information and material in this website (unless otherwise stated) is provided solely for personal use only.

14. You agree that you will not (either yourself or through any third party):

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on this website, or any of the information, content or data contained within or accessible through this website, without our prior written permission;

(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through this website with information, content or data accessible via or sourced from any third party;

(c) use any information on or accessed through this website for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;

(d) use any device, software, process or routine to interfere or attempt to interfere with the proper working of this website or any transaction or process being conducted on or through it;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this website;

(f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with this website;

(g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from this website without our prior written permission; or

(h) use this website for any other unlawful purpose or activity.

15. You agree that any use of this website which is not expressed in these Terms of Use is prohibited.

Privacy

16. We agree to use any of your personal information in accordance with our privacy policy found at [insert link to Privacy Policy]. The parties agree that these Terms of Use do not restrict the gathering, use and dissemination of information concerning users collected by either party during the term of these Terms of Use. Each party is responsible for determining whether any such gathering, use or dissemination it performs is consistent with applicable laws and regulations.

General

17. The agreement created under these Terms of Use constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

18. No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

19. We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our website.

20. If a provision of these Terms of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Terms of Use. All other provisions of these Terms of Use remain in full force and effect.

21. These Terms of Use are governed by the law applicable in New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.