Terms & Conditions

Ed Carpet Website Terms

Welcome to the website of Ed Carpet Pty Ltd ACN 678 175 258 (we, us or the Company).

This website is located on the web via the domain www.edcarpet.com and includes all of the files located in that domain (Our Site).

1. Agreement to these Website Terms

By accessing Our Site, you agree to be bound by these terms of use (Website Terms). These Website Terms constitute a binding agreement between you and us and govern your use of Our Site.

1.1. Privacy Policy

As part of these Website Terms, your use of Our Site is also subject to our Privacy Policy (located at [https://edcarpet.com/privacy-policy/]), which is incorporated by reference into these Website Terms.

2. Restrictions on use

2.1. Prohibited conduct

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to Our Site, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using Our Site to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to Our Site any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to Our Site, we have the right to take down this information at our sole discretion and without notice.

2.2. Violations of these Website Terms

Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to Our Site or refuse to provide services to you if:
  • you breach any provision of these Website Terms;
  • we are unable to verify or authenticate any information that you provide to us; or
  • we believe your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms.

2.3. Indemnity

Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:
temporarily or indefinitely suspend, or terminate, your access to Our Site or refuse to provide services to you if:

• any material or information that you submit, post, transmit or otherwise make available through Our Site;
• your use of, or connection to, Our Site; or
• your negligence or misconduct, breach of these Website Terms or violation of any law or the rights of any person.

3. Orders

3.1. Order constitutes offer

By placing an order through Our Site, you make an offer to us to purchase the services that you have selected pursuant to these Website Terms. Information contained in Our Site constitutes an invitation to treat only. No information in Our Site constitutes an offer by us to supply any services to you – however, we will endeavour to supply your selected services to you.

We will not commence processing any order unless and until:

• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance with these Website Terms, cancel all or part of your order; and
• at any time:
  • refuse to provide services to you;
  • terminate your access to Our Site; and/or
  • remove or edit any content on Our Site.

3.2. Acceptance of orders

Acceptance of each order will take place if and when we either:

• provide the services to you, at the time at which we commence providing the services; or
• notify you in writing that your order has been accepted, at the time at which we send that notification.

3.3. Prices

We reserve the right to change the prices for services displayed in Our Site at any time before you place an order.

All prices listed on Our Site are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST). Any fees or charges, including shipping costs, also include GST where applicable.

3.4. GST

All prices listed on Our Site are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST). Any fees or charges, including shipping costs, also include GST where applicable.

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

3.5. Payment methods

Payment for orders placed through Our Site may be made:

• by credit card processed online using the secure PayPal payment gateway;
• using a PayPal account; or
• via direct bank deposit by electronic funds transfer (EFT).

3.6. Secure payment gateway

We may use third-party payment gateway for our secure online payment transactions. Payments made third-party payment gateways are subject to that gateway’s own terms and conditions and privacy policy.

3.7. Payment by EFT

If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

3.8. Refunds and other remedies

Except as expressly provided otherwise in these Website Terms and required under the Australian Consumer Law, all amounts paid through Our Site are non-refundable. Further information on the steps that we will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms below.

3.9. Security

We will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us.

We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

4. Dealings with third parties

4.1. Content supplied by third parties

We may allow third parties to advertise goods and/or services and to upload information and other content directly to Our Site for our users to access (whether in an online portal within Our Site on elsewhere on Our Site). We do not act as agent for any those third parties, and we take no responsibility, and assume no liability, for:

• any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
• any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
• any loss or damage that results from any dealings that you may have with such third parties.

4.2. Third party goods/services and websites

We do not recommend or endorse any third-party goods or services that are listed, advertised or referred to in Our Site or the content of any third-party websites. We are not responsible for the content of linked third party websites, websites framed within Our Site or third-party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use. Our Site integrates Calendly for appointment scheduling. Your use of Calendly’s scheduling features is subject to Calendly’s terms and privacy policy. We do not control, endorse, or take responsibility for Calendly’s data practices or the content of their service.

4.3. User acknowledgements

You acknowledge that we do not:

• check the truth or currency of any of the material or information that third parties provide or make available through Our Site;
• control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in Our Site or whose identities become known to you through Our Site, including suppliers of content that is published or made available in or through Our Site;
• offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
• endorse or recommend any third-party supplier or any third party goods or services, including where details of the relevant supplier are provided by us to you or otherwise become known to you through Our Site.

5. Intellectual property

5.1. Copyright

In these Website Terms, the term Proprietary Content means:

• Our Site;
• all of the content on Our Site (including all of the text, graphics, designs, software, data, sound and video files and other information contained in Our Site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by us in connection with the services offered through Our Site (whether hosted on the same server as Our Site or otherwise).

All Proprietary Content is our property or the property of our licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms or with our prior written consent or the prior written consent of the other copyright owner (as applicable).

You may download and print out content from Our Site only for your own personal and non-commercial use and if you do not remove or modify any copyright, trademark or other proprietary notices.

5.2. Trademarks

The phrase Ed Carpet is one of our trademarks. The look and feel of Our Site (including all button icons, scripts, custom graphics and headers) are our trademarks, service marks and/or trade dress. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.

5.3. User Content

In these Website Terms, the term User Content means any and all content that is submitted, posted or otherwise added to Our Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

Our Site may contain features that enable you and other users to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content at our absolute discretion. In respect of any User Content that you upload, you:

• represent and warranty to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our absolute discretion.

6. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about Our Site or any content on or accessible via Our Site, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that Our Site will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to Our Site or any feature of Our Site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

7. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of Our Site and/or the information or materials contained on or accessible via Our Site, or as a result of the inaccessibility of Our Site and/or the fact that certain information or materials contained on or accessible via Our Site are incorrect, incomplete or not up-to-date.

8. General

8.1. Interpretation

In these Website Terms, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms;
• these Website Terms may not be construed adversely against us solely because we prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

8.2. Notifications

We may provide any notification for the purposes of these Website Terms by email.

8.3. Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms without our prior written consent. Your registration with Our Site is personal to you and may not be sold or otherwise transferred to any other person.

We may assign, transfer or sub-contract any of our rights or obligations under these Website Terms at any time without notice to you.

8.4. No waiver

Waiver of any power or right under these Website Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.

8.5. Severability

The provisions of these Website Terms are severable and, if any provision of these Website Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

8.6. Variation

We reserve the right to amend these Website Terms and any other policy on Our Site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of Our Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of Our Site or the services offered through Our Site.

8.7. Governing law and jurisdiction

These Website Terms will be governed in all respects by the laws of New South Wales and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.