Website Terms
of Use
ABI Interiors Pty Ltd (ABN 22 616 741 385)
Effective April 2023
1. Application
a. In these Terms of Use, “we”, “our”, “us”, “ABI” or “ABI Interiors” means ABI Interiors Pty Ltd (ABN 22 612 741 385), and “you” means the person, organisation or entity accessing this Website.
b. These Terms of Use apply to the ABI Website located at https://www.abiinteriors.com.au/ and all associated sites linked to the Website owned by ABI or its subsidiaries and affiliates, including ABI sites around the world.
2. Consenting to these Terms of Use
These terms and conditions govern the relationship between you and ABI when you use our Website. You agree that when using the Website, you are taken to have agreed to these Terms of Use and our Privacy Policy. In the event that you do not agree with these Terms of Use or our Privacy Policy, you must immediately cease using our Website.
2.2 Eligible users
You must be 18 years or older to use our Website.
3. Use of our Website
ABI grants you a non-exclusive, royalty free, revocable, worldwide, non-transferable licence to enter and use our Website in accordance with these Terms of Use, and for no other purpose unless we grant you express written consent.
3.2 Prohibited use
In the use of our Website, you must comply with all applicable laws and must not:
- use the Website in a manner which we reasonably consider to be inappropriate, or which would bring ABI or the Website into disrepute;
- do anything which would be a breach of any other person’s privacy rights, including uploading another person’s personal information without their consent;
- use the Website to send unsolicited email messages, or, when contacting us through the Website, falsely represent your identity, including by falsely implying or stating that you represent any other person or entity;
- attempt to gain unauthorised access to any portion or feature of the Website, or any other system or network connected to the Website or to any ABI server by hacking, password mining or any other illegitimate means;
- use the Website to defame, harass, threaten or offend any person;
- interfere with any other person’s use of the Website;
- tamper with, damage, interfere with or modify the Website, or knowingly transmit viruses or other disabling features, including trojan horses, or programs that may damage or interfere with the Website;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website; or
- facilitate or assist a third party to do any of the above acts.
3.3 International use
Where you are accessing or using the Website outside of Australia, you must ensure that your use of the Website complies with all applicable laws in your area.
4. Creating an account
Where you create an account on our Website it is your responsibility to ensure that all information you provide is true, accurate, complete and up to date. We have the right to suspend or terminate your account without notice where we have reasonable grounds to suspect that the information you provide is untrue, inaccurate, incomplete or outdated.
4.2 Account security
- You are responsible for:
- maintaining the confidentiality and security of your account information and password;
- any and all activity that occurs under your account as a result of your failure to keep your account information or password confidential and secure;
- notifying ABI immediately if you suspect any unauthorised use of your account or password.
- You must not use anyone else’s password or account without their express permission.
- ABI is not liable for any loss or damage:
- arising out of any failure by you to comply with the obligations set out in clause 4.2(a) or clause 4.2(b); or
- resulting from another person’s use of your account or password to which you consented.
5. Privacy
ABI’s Privacy Policy applies to use of the Website and forms part of these terms.
6. Intellectual Property
- Unless we notify you otherwise, ABI owns or has a licence to all Intellectual Property Rights used on our Website and all of our Content.
- You must not reproduce, copy, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on our Website, including audio and video excerpts, except as permitted by law or with our express prior written consent.
- You may use information on ABI products, such as product information and care guides, knowledge based articles and similar materials, that are purposely made available by ABI for download from the Website, provide that you:
- do not remove any proprietary notice language from any such documents;
- only use the information for your personal, non-commercial, informational purposes;
- do not copy or post such information publicly;
- make no modifications to such information; and
- do not make any additional representations or warranties relating to such information.
7. Disclaimers
- ABI provides the Website on an “as-is” and “as- available” basis and ABI does not guarantee that the Website or any content, service or feature offered through the site will be error-free, uninterrupted, or that your use of the Website will be provide any specific results.
- ABI does not guarantee that any files or data you download from the Website will be free from viruses, error or contamination.
- You are solely responsible for your use of the Website and any linked sites, and ABI is not liable for any loss or damage suffered by you as a result of any failure of performance of, defect, error or omission in, interruption to, delay in operation or transmission of, computer virus transmitted through, or unauthorised access to, the Website.
8. Indemnity
You agree to indemnify and hold ABI, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, harmless from all loss (including legal costs and expenses on a solicitor own client basis), liability (including any loss or damage to property, environmental contamination or damage, injury or death to any person) and claims made against ABI by any third party due to, arising directly or indirectly from or in connection with your use of the Website, or a breach by you of any provision of these Terms of Use, except to the extent that any loss, liability or claim is caused by the negligence or default of ABI.
9. Testimonials
If you review us or provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our Website, social medial or other channels. If at any time you do not wish us to post your review or testimonial, please contact us by email.
10. Third party websites
Our Website may contain links to websites operated by independent third parties. We do not control, endorse or approve, and are not responsible for the content on those websites.
11. Amendments to Terms of Use
These Terms of Use may be altered by us at any time at our discretion. We recommend you regularly review our Website to ensure you are aware of our current terms.
12. Modification of the Website
- ABI may modify, change, add to, terminate, or suspend any part, or all of the Website at any time without providing notice.
- We may exclude any person from using our Website at any time in at our sole discretion.
- We are not responsible for any liability you may suffer from or in connection with any such discontinuance or exclusion.
13. Severance
A term or part of these Terms of Use that is illegal or unenforceable is severed from these Terms of Use and the rest of these Terms of Use continues in force.
14. Governing law
This agreement is governed by the laws of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
15. Defined terms
This agreement is governed by the laws of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
In this agreement:
Content means all trademarks, designs, logos, text, copy, graphics, user interfaces, visual interfaces, sounds, music, artwork and computer code contained on the Website, and includes the design, coordination, expression and “look and feel” of such content.
Intellectual Property Rights includes all present and future intellectual and industrial property rights conferred by statute, at civil, common law or equity including:
- copyright;
- design, patent, trademark, semiconductor, circuit layout, database rights or plant breeder rights (whether registered, unregistered or applied for);
- trade, business, company or domain name;
- know how, inventions or processes (whether in writing or recorded in any form); and
- any right to license and sub-license any of the above. Privacy Act means the Privacy Act 1988 (Cth).
Privacy Policy means ABI’s privacy policy located here.
Terms and Conditions means ABI’s terms located here.
Website has the meaning set out in clause 1(b)
(Application).
Contact Us
If you need to contact us for any reason, please do so by using the details provided below.
ABI Interiors Pty Ltd
27-45 City Link Drive
Carrara, Gold Coast, QLD Australia 4211
P: (07) 5520 2775
E: [email protected]