This website is owned by DuluxGroup (Australia) Pty Limited (ACN 000 049 427) ("DuluxGroup") of 1956 Dandenong Road, Clayton, VIC 3168. Throughout these terms and this website, the terms "we", "us", "our" refer to the Company and any of our affiliated companies (as relevant).
If you use our website, you are agreeing to be bound by the terms listed below and any other laws or regulations which apply to this website.
This website has been compiled on the basis of general information current at the time of publication. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary.
Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information on this website will not infringe such intellectual property rights.
We make no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by us.
We make this website and its contents available on an as-is basis. We make no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and us.
Nothing contained on this website amounts to an invitation to deal in shares or other securities of any entity related to us, including DuluxGroup Limited. Please seek independent professional advice before making a decision to invest in any entity related to us.
Intellectual Property Statement
Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, and all software relating to this website, belongs to or is licensed by DuluxGroup. This copyright is protected by Australian and international copyright laws. All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to DuluxGroup, its related entities or its licensors. DuluxGroup, its related entities or its licensors do not give you any licence or right to use them.
Subject to the following paragraph, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.
We grants you permission to download a copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website, provided you retain all copyright and other proprietary notices on that material.
Limitation of Liability
The use or reliance on the information on this website is at your own risk. DuluxGroup, its related entities, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss, damage, claims, expenses, or liabilities whatsoever arising out of or related to the use, or inability to use, the information on this website or provided through this website by email. This limitation of liability includes, but is not limited to, compensatory, punitive, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.
To the maximum extent permitted by law, the Company does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. If you are a consumer for the purposes of applicable State or Federal law in Australia, with the consequence that certain guarantees and certain rights and remedies are conferred on you which cannot be excluded, restricted or modified, then to the maximum extent permitted by law, our liability to you is limited at our option to: (a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and (b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.
We permit linking to this website, provided that the full html page is loaded. Any such links must not incorporate our trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of DuluxGroup or its related companies.
Information on this website may include links to the websites of others outside our network. These links are provided for your convenience only. The inclusion of any link to other websites does not imply endorsement by the Company of third party companies, individuals, products, information, or opinions. We do not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.
If this website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this website does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.
We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.
When you use this website our hosting platforms or Internet Service Provider (ISP) may make a record of your visit and log your IP or server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie, the referring url) and the type of browser you are using. This information is collected for statistical purposes only, and we will not make any attempt to identify users according to their browsing activity. It is also possible that your ISP is logging your activity while you visit our site. This is beyond the control of DuluxGroup.
Unsolicited Materials and Ideas
It is our policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your information, do not submit it to us via email or otherwise.
Any non-personal information you submit to us will become our property, and we may use it for any purpose and in any way, including but not limited to, reproduction, disclosure, transmission, publication, and broadcasting or otherwise, without any obligation to reference or compensate you.
We are free to use any unsolicited ideas, artwork, inventions, developments, suggestions or concepts contained in any communication sent to this website by you for any purposes (including but not limited to the developing, manufacturing, advertising and marketing of products), without any obligation to reference or compensate you.
You agree to indemnify DuluxGroup, its related entities, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to DuluxGroup via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law.
If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.
Updates to Terms
We reserve the right to make any changes and corrections to these terms at any time.
If any provision of these terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.
Terms and Conditions – Cabot's Video Chat
The Terms and Conditions above, including the privacy statement, govern your use of the Video Chat operated by DuluxGroup. Further to the above terms, by using the Video Chat you are deemed to agree to the following terms and conditions. If there is any inconsistency between the above terms and conditions and the below, the below terms and conditions apply to the extent of the inconsistency:
1 Supply of Products and Services
1.1 The Standard Conditions of Sale as set out in Schedule 1 (Conditions of Sale) apply to all sales by Cabot’s Premium Woodcare Brands a division of DuluxGroup (Australia) Pty Ltd ABN 67 000 049 427 (Cabot’s Premium Woodcare Brands) to the Client under this Quotation. If there is an inconsistency between the terms of this agreement and the terms of the Conditions of Sale, then the terms of this agreement shall prevail to the extent of the inconsistency.
1.2 Cabot’s Premium Woodcare Brands will arrange for the timber floor restoration services and coatings products to be applied and as specified in the Quotation (Services) to be undertaken for the Client’s home at the site listed in the Quotation (Site).
1.3 The Services will be performed at the Site during the hours of 7am to 5pm weekdays or as otherwise agreed between the parties.
1.4 The Customer must complete Pre Commencement checklist.
2 Payment and invoices
2.1 Cabot’s Premium Woodcare Brands requires a non-refundable deposit for the Services as set out in the Quotation prior to commencing works. Cabot’s Premium Woodcare Brands will issue a tax invoice to the Client for the balance owing under the Quotation following the works. The Client must pay Cabot’s Premium Woodcare Brands invoice on 7 day terms after satisfactory completion of specified works.
2.2 Cabot’s Premium Woodcare Brands reserves the right to charge interest on any amount overdue from the Client at a rate of 9% per annum from the due date until payment in full is received. The Client has no right of set off against payments due to Cabot’s Premium Woodcare Brands, including set off for claims against Cabot’s Premium Woodcare Brands.
3.1 This agreement may be terminated by a party giving written notice to the other party if that other party is in breach of this agreement and that breach has not been remedied within 15 days of notice requiring it to do so, or becomes insolvent or is unable to pay its debts as they fall due.
4.1 To the extent permitted by law and subject to clause 4.2, any liability of Cabot’s Premium Woodcare Brands in respect of the Services is limited to the total value of the order which is the subject of the claim, and Cabot’s Premium Woodcare Brands will have no liability whatsoever to the Client for indirect or consequential loss, including loss of income, revenue, goodwill or opportunity.
4.2 If the Australian Consumer Law confers certain rights, guarantees or remedies on you which are not able to be excluded, restricted or modified except in limited circumstances, our liability for breach of any such right, guarantee or remedy is limited to us (at our election),
a) repair the applied coating system to an equivalent standard; or
b) pay the cost of having the applied coating system repaired.
5 Force majeure
5.1 A party is not liable for any failure to perform any of our obligations under this agreement as a result of any event beyond its reasonable control including acts of God, fire, flooding, inclement weather, strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, products, equipment, facilities or services on usual terms, power shortage, accidents or breakdowns of plant, machinery or inability to access the Site. In such circumstances, the party may suspend performance of any obligations under this Contract while the event continues without liability in respect of such suspension.
6.1 Variations: Any changes to this agreement must be in writing and signed by the parties.
6.2 Governing law: This agreement is governed by the laws of the state in which the Site is located.