1.1. This website (“the Website”) is maintained by Australian Comfort Group Pty Limited (“Australian Comfort Group”) and its related companies, employees and agents (collectively, “we”, “our” or “us”) for the information, education and use by any registered or unregistered users of the Website (collectively, “you” or “your”). Please feel free to browse the Website.
1.2. By accessing, using and browsing the Website, you confirm that you have read and agree to accept, without limitation or qualification, the terms, conditions, notices and policy outlined in this document (“the Terms”).
2. Changes to the Terms
2.2. Your continued use of the Website means that you agree to these Terms, and any changes we may make to them.
3. Application of the Terms
3.1. These Terms apply only to your use and access of the Website, as well as your submission of any material or communication to us through the Website.
3.2. These Terms do not apply to your use of websites, links or files that we do not own or operate, but to which the Website may link.
4. Intellectual Property and Proprietary Rights Notice
4.1. All site design, information, data, text, code, software, music, sound, images, graphics, artwork, video/audio communications, multimedia content, digital downloads, interfaces, logos, button icons, communications, or any other material as well as the selection, arrangements or compilation thereof on the Website (“the Content”), excluding those supplied by you, are the sole and exclusive property of us or our content supplier.
4.2. Any current or future patent, design, copyright, trade mark, trade name, know-how, business name, symbol, device, colour scheme, data, confidential information and all other intellectual property (as defined in Article 2 of the convention of 1967 establishing the World Intellectual Property Organisation) whether or not registered and whether or not capable of registration (“the Intellectual Property”) in or relating to the Website and/or the Content (whether developed by us or others) are the sole and exclusive property of us or our content supplier, and protected by Australian as well as international intellectual property laws.
4.3. The trade marks used on this website such as DUNLOP, DUNLOP FOAMS and DUNLOP LIVING and related logos are trade marks owned by us. These may not be used with any products or services other than those products or services offered by us, or in any manner that is likely to cause confusion.
4.4. Trade marks appearing on the Website are not all owned or licensed by us in every country. Products or services purchased in some countries may therefore be supplied under a different trade mark.
4.5. You may view or temporarily store extracts from the Website which is incidental to your access of the Website for your personal, non-commercial references without addition, alteration or deletion of the relevant Content or any copyright, trade mark or other proprietary notices. Neither title nor the Intellectual Property rights shall be deemed to be transferred to you.
4.6. However, you must not use, modify, deep-link, frame, reverse-engineer, decompile, convert, copy, reproduce, republish, resell, upload, post, transmit, distribute, or commercially exploit in any way, any of the Content, the Website or any associated Intellectual Property by any means (electronic, mechanical or by information retrieval systems) without our express, prior written permission, regardless of the intended use.
4.7. You may not use any meta tags or any other hidden text, or use any sponsored or paid Google or other search engine sponsored searched results or links that utilise keywords that directly relate to any of our Intellectual Property without our express, prior written permission.
4.8. You also agree not to directly or indirectly challenge our Intellectual Property or proprietary rights, or assist any other party in doing so.
4.9. To notify us of any suspected infringement, please contact us by telephone on 1300552200.
5. Use of the Website
5.1. You understand and agree that any Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for any and all of the Content that you upload, post, email or otherwise transmit onto the Website (if any).
5.2. The information contained in the Website is intended for use by persons resident in Australia.
5.3. Any promotion, competition, product or service identified or contained in the Website is subject to the applicable terms and conditions as well as these Terms, which will be available for download at the relevant page of this Website, or upon request from us via the “contact us” link.
6.1. Publication of electronic addresses on the Website is for the purpose of professional communication only, and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
7. Accuracy and Completeness
7.1. While we have attempted in good faith to ensure that all the Content contained on the Website is accurate at the time it is included, we make no representation or warranties as to the completeness, reliability or accuracy of any of the Content on the Website.
8.1. The Website may contain links to other websites, material or files on the internet that are owned, operated and supplied by someone other than us. We provide these links solely for your convenience, and such appearance does not imply our endorsement, nor are we responsible for the content of any such linked sites, material or files. You access such linked sites at your own risk.
9.1. You use the Website and the Content at your own risk.
9.2. The services, products and the Content on the Website are provided “as is” and without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties (express or implied) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.3. Neither we nor any of our licensors or suppliers warrants that your use of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components.
9.4. We assume no responsibility for any error, omission interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of your use of the Website or any other third-party websites through hyperlinks. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software failure of any communication with us on account of technical problems or congestion on the internet or at any website(s), or any combination of the above, including any injury or damage to you or any other person’s computer related to or resulting from use of the Website.
9.5. You acknowledge and agree that we are not responsible in any way for any interaction that occurs between you and any other user of the Website.
10. Limitation of Liability
10.1. You release us from all and any liability for using or not using services, products and/or the Content on the Website.
10.2. To the maximum extent permitted by law, neither we nor our suppliers, licensors or any other party involved in creating/delivering the Website shall be liable to you or any other person for any direct, indirect, punitive, incidental, special, consequential or other damages whatsoever or however arising out of or in any way connected with your access to, use of, or your inability to use, the Website, the Content or any products and/or services provided on the Website, even if we have been notified of the possibility of such damages.
10.3. Our liability for breach of implied warranties, conditions or undertakings which cannot in law be excluded is limited to AUD$100.00.
11. Disputes and Governing Law
11.1. The Terms are governed by and interpreted in accordance with the laws of Australia, notwithstanding any principles of conflicts of law.
11.2. By using the Website, you agree that any action at law or in equity arising out of or relating to the Terms, the Website, the Content, any products or services described therein shall be filed exclusively in the courts of Australia, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts.
12. Jurisdiction and Compliance with Laws
12.1. Regardless of where you choose to access the Website from, you do so on your own initiative and agree to comply with all applicable international and local laws, statutes, ordinances, and regulations regarding your use of the Website and the services described therein
13.1. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.2. Possible evidence of use of the Website and the Content for illegal purposes will be provided to law enforcement authorities.
13.3. Except as otherwise provided in a written agreement signed by us, these Terms represent the entire understanding between you and us regarding your use of the Website, and your submission of any material or communication to us.
13.4. Any failure on our part to enforce any part of these Terms or to exercise any right we may have under these Terms will not constitute a waiver to any extent of our rights.
13.5. We may assign our rights and obligations under these Terms at any time to any party and, if we do, we will be relieved of any further obligations to you under these Terms.