Factory Direct WA Website Terms of Use

 

Agreement between User and Factory Direct WA

The Factory Direct WA website is comprised of various web pages operated by Factory Direct WA. The Factory Direct WA website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Factory Direct WA website constitutes your agreement to all such terms, conditions and notices.
 

Modification of These Terms of Use

Factory Direct WA reserves the right to change the terms, conditions and notices under which the Factory Direct WA website is offered, including but not limited to the charges associated with the use of the Factory Direct WA website.
 

Links to Third Party Sites

The Factory Direct WA website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Factory Direct WA and Factory Direct WA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Factory Direct WA is not responsible for webcasting or any other form of transmission received from any Linked Site. Factory Direct WA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Factory Direct WA of the site or any association with its operators.
 

No Unlawful or Prohibited Use

As a condition of your use of the Factory Direct WA website, you warrant to Factory Direct WA that you will not use the Factory Direct WA website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Factory Direct WA website in any manner which could damage, disable, overburden or impair the Factory Direct WA website or interfere with any other party's use and enjoyment of the Factory Direct WA website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Factory Direct WA website.
 

Use of Communication Services

The Factory Direct WA website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.

Factory Direct WA has no obligation to monitor the Communication Services. However, Factory Direct WA reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Factory Direct WA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
 
Factory Direct WA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Factory Direct WA’ sole discretion.
 
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Factory Direct WA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Factory Direct WA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Factory Direct WA spokespersons, and their views do not necessarily reflect those of Factory Direct WA.
 
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
 

Materials Provided to Factory Direct WA or Posted at Any Factory Direct WA Website

Factory Direct WA does not claim ownership of the materials you provide to Factory Direct WA (including feedback and suggestions) or post, upload, input or submit to any Factory Direct WA website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Factory Direct WA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
 
No compensation will be paid with respect to the use of your Submission, as provided herein. Factory Direct WA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Factory Direct WA’ sole discretion.
 
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
 

Copyright and Trademarks

All contents of the Factory Direct WA website are: Copyright 2016 by Factory Direct WA. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
 
Liability Disclaimer
The information, software, products and services included in or available through the Factory Direct WA website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Factory Direct WA and/or its suppliers may make improvements and/or changes in the Factory Direct WA website at any time. Advice received via the Factory Direct WA website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Factory Direct WA and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Factory Direct WA website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided as is, without warranty or condition of any kind. Factory Direct WA and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Factory Direct WA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Factory Direct WA website, with the delay or inability to use the Factory Direct WA website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Factory Direct WA website, or otherwise arising out of the use of the Factory Direct WA website, whether based on contract, tort, negligence, strict liability or otherwise, even if Factory Direct WA or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Factory Direct WA website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Factory Direct WA website. Service contact: info@hyperactivedigital.com.
 

Termination/Access Restriction

Factory Direct WA reserves the right, at its sole discretion, to terminate your access to the Factory Direct WA website and the related services or any portion thereof at any time, without notice.
 

General

To the maximum extent permitted by law, this site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, these terms and your dealings with us are governed by the laws in force in Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

In all disputes arising out of or relating to the use of the Factory Direct WA website, use of the Factory Direct WA website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Factory Direct WA as a result of this agreement or use of the Factory Direct WA website. The Factory Direct WA’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Factory Direct WA’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Factory Direct WA website or information provided to or gathered by Factory Direct WA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Factory Direct WA with respect to the Factory Direct WA website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Factory Direct WA with respect to the Factory Direct WA website.
 
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
 

Cockburn Central (Head Office)

22 Baling Street
Cockburn Central
WA 6164
Ph: (08) 9417 7355

Joondalup / Clarkson

Mega Display
63 Winton Road
Joondalup
WA 6027
Ph: (08) 9300 9115

Port Kennedy / Mandurah

Display Centre CLOSED THURSDAYS
6 Beardsley Street
Port Kennedy
WA 6172
Ph: (08) 9524 5933

Canning Vale / Spearwood

Display Centre
South Street (Cnr Roe Hwy)
Canning Vale
WA 6155
Ph: (08) 6254 2819

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