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1. About this Website
- This website is published by Ecomm Enterprises Pty Limited ACN 145 985 600 as trustee for Ecomm Enterprises No 2 Trust (trading as Domayne Online) of A1 Richmond Road, Homebush West NSW 2140 (“us”, “our”, “we”, “Domayne Online”).(“us”, “our”, “we”, “Domayne Online”).
2. About Domayne Online
- Domayne Online is an independent franchisee that has been granted a franchise by DM Online Franchisor Pty Ltd ACN 148 936 878 (“Franchisor”), and a limited licence by a related body corporate of the Franchisor to trade as “Domayne Online” from the website.
- The goods and services described in this website are available from Domayne Online only (unless the goods or services are specified as “available in store only”), and will be available for you to make an offer to Domayne Online via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Domayne Online accepts your offer, Domayne Online will sell the goods or services to you in accordance with the Term and Conditions of Sale and any Catalogue Terms.
3. About Other Domayne Franchisees
- Each enterprise carrying on business under any name or style including the words "Domayne" other than from the website is operated by an independent franchisee pursuant to a franchise granted by another related body corporate of the Franchisor ("Other Domayne Franchisee"). Domayne Online is not related to Other Domayne Franchisees.
- Domayne Online does not make, or authorise any offer or representation that is specified as “available in store only” or otherwise is made by any Other Domayne Franchisee and does not represent that any goods or services in this website will be offered by or available from any Other Domayne Franchisee at the specified price, or at all.
- Goods or services specified as “available in store only” may not be on display or available from each Other Domayne Franchisee, and where the goods or services are available from an Other Domayne Franchisee, the price for those goods or services may vary from the price shown in this website. Please call 1800 366 296 before attending any Domayne Complex to enquire whether an Other Domayne Franchisee has the goods or services on display or available. Each Other Domayne Franchisee has a Raincheck Policy.
4. Website Information
- Each of the Franchisor, and each related body corporate of the Franchisor, does not publish, make, or authorise any offer or representation by this website and does not represent that any goods or services in this website will be offered by or available from any Other Domayne Franchisee at the specified price, or at all, or otherwise sell any goods or services to consumers throughout Australia under the name or style including the words “Domayne”.
- Images of goods published in this website without any advertised price beside that image are not offered for sale.
- Photographs are for illustrative purposes only and may vary from goods depicted or described.
- Australian Made references in this website are only applicable to Furniture goods.
- International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders are unable to be accepted.
5. Website Content
- Domayne Online may, at any time, add or remove content from this website without notice.
- Any articles, information or content published on this website must be read subject to these Terms.
- Although Domayne Online uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Domayne Online cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Domayne Online or by manufacturers or suppliers changing product specifications without notice to Domayne Online. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
- The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
- This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Domayne Online does not in any way represent that Domayne Online recommends or endorses the relevant advertiser, its products or services.
- Domayne Online nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. Neither you nor any other person may hold Domayne Online liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
- Domayne Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Domayne Online does not accept any responsibility in connection with your participation in activities conducted by any other party.
6. Your Use of the Website
- You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
- You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- Domayne Online may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
- Domayne Online may in its sole discretion restrict your access to this website. If Domayne Online does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Domayne Online will not be liable to you or any third party for doing so.
- As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
- Domayne Online may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Domayne Online may withdraw this website, or change or remove website functionality at any time without notice to you.
7. Intellectual Property Rights
- The “Domayne” logos are registered trade marks of Harvey Norman Retailing Pty Limited and used under limited license by Domayne Online.
- You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Domayne Online, the Franchisor, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
- Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Domayne Online makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
- You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Domayne Online or, in the case of third party material, from the owner of the copyright in that material.
- You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
- If you correspond or otherwise communicate with Domayne Online, you automatically grant to Domayne Online an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.
8. Links to Other Websites
- Domayne Online reserves the right to prevent third parties from linking to this website.
9. Secure Data and Transmissions
- Given the nature of the internet, Domayne Online cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Domayne Online does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Domayne Online and its third parties take precautions to protect information, Domayne Online does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Domayne Online or its third party receives your transmission, Domayne Online and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Customer First Team immediately.
- You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Domayne Online nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
11. Use of Your Information and Material
Domayne Online appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Domayne Online. Domayne Online may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
- Each of the Franchisor, each related body corporate of the Franchisor and Domayne Online make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
- Each of the Franchisor, each related body corporate of the Franchisor and Domayne Online do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, each of the Franchisor, each related body corporate of the Franchisor and Domayne Online disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
- The use of the information on this website is at your own risk. To the extent permitted by law, each of the Franchisor, each related body corporate of the Franchisor and Domayne Online exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, each of the Franchisor, each related body corporate of the Franchisor and Domayne Online limit their liability to the re-supply of the relevant information or services.
- You agree to indemnify each of the Franchisor, each related body corporate of the Franchisor and Domayne Online and other persons involved in the creation of this website from 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 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 and trade mark infringement.
14. Governing Law andJurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Domayne Online makes no representations that the content of this website complies with the laws of any country outside Australia.
These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).