Website Terms & Conditions

As at 1 April 2022

1) About the Site and Acceptance of Terms

a) Welcome to calibreconcepts.com.au (the Website). The Website provides you (You/Your) with an opportunity to browse products that have been listed through the Website (the Products) as well as providing You access to Services when You register ‘An Account’ and become a ‘Member’ of the Website. The account registration process validates You as an Architect, Designer, Specifier, Builder or Other party related to Our industry and gives You access to Our complimentary ‘Product Samples Service’ which gives You the opportunity to select samples of products by adding to a ‘Samples Cart’ which are then either ‘delivered to You’ or collected by You via a ‘Click & Collect’ option. In ‘My Account’ You can also keep track of ‘past orders’ and curate a ‘wishlist’ of Products for future projects or Subscribe to Our email Newsletter (collectively, the Services).

b) The Website is operated by Calibre Concepts Pty Ltd (Us, We, Our or Calibre Concepts). Access to and use of the Website, or any of its associated Products or Services, is provided by Calibre Concepts Pty Ltd. Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, this signifies that You have read, understood and agree to be bound by the Terms. If You do not agree with the Terms, You must cease usage of the Website, or any of services, immediately.

c) Calibre Concepts Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion from time to time without notice to You. Your continued use of the site after any amendment to the Terms constitutes an agreement by You to abide and be bound by the Terms as so amended. If You breach these Terms, Your right to use the Site will cease immediately and We may refuse You access to the site at Our complete discretion.

d) You accept the Terms by remaining on the Website.

2) Creation of Your Site Membership

a) In order to access the Services, You must first create a Membership with Us by registering an account on the Website. As part of the registration process, or as part of your continued use of the Services, You are required to provide personal information about yourself and the company which You represent (such as identification and contact details), including the below minimum requirements:

i) email address
ii) delivery address
iii) telephone number
iv) password
v) company name
vi) company ABN
vii) role held at the company

b) You warrant that any information You give to Calibre Concepts Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

c) Once You have completed the registration process, You will be a registered Member of the Website and agree to be bound by the Terms. As a Member you will be granted access to the Services.

d) We may decide to change the minimum requirements, or accept or reject the creation of a Membership, at Our discretion at any time and for any reason.

3) Use of Your Membership

a) As a Member, You agree to comply with the following. You will use the Products & Services only for the purposes that are permitted by:

i) the Terms;
ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
iii) You have the sole responsibility for protecting the confidentiality of Your password and/or email address. Use of Your password by any other person may result in the immediate cancellation of the Services;
iv) any use of Your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Calibre Concepts Pty Ltd of any unauthorised use of Your password or email address or any breach of security of which You have become aware;
v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by You for the purposes of Calibre Concepts Pty Ltd providing the Services;
vi) You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking the Website;
vii) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without the notice and may result in termination of the Services. Appropriate legal action will be taken by Calibre Concepts Pty Ltd for any illegal or unauthorised use of the Website; and
viii) You acknowledge and agree that any automated use of the Website or its Services is prohibited.

4) Calibre Concepts Email Newsletter

a) By registering as a Member or subscribing to our Newsletter You agree to receive email from Us. The aim of our email Newsletter Service is to keep clients and visitors informed about new and on trend products as well as up-to-date news from our industry.

b) You have the right to unsubscribe from the Newsletter at any time via the unsubscribe option provided or by emailing hello@calibreconcepts.com.au with Your details.

5) Products

a) Calibre Concepts Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, You acknowledge that identical shades, batches, cannot be guaranteed and may differ from what is displayed on the Website.

b) You acknowledge that Product samples are indicative only and goods supplied may vary to these in colour and size.

c) You acknowledge that shade variations are inherent features of all tiles. Reasonable variations in colour and veining must be expected in natural stone products. Calibre Concepts Pty Ltd shall not be liable for any such variations that may occur in natural or manufactured materials supplied.

6) ‘Delivery’ or ‘Click & Collect’

a) You acknowledge that the Services offered by Calibre Concepts Pty Ltd may integrate delivery (the Delivery Services) through the use of third party delivery companies (the Delivery Service Providers). In the event that You have nominated ‘Click & Collect’, please ensure at least 72 hours’ notice is provided to ensure that products are ready for Your collection.

b) Calibre Concepts Pty Ltd offers complimentary delivery of samples to Members where it is reasonably practicable and reserves the right to terminate the provision of this Service where in the opinion of Calibre Concepts Pty Ltd, it’s no longer commercially viable.

7) Copyright and Intellectual Property

a) The Website, the Services and all of the related products of Calibre Concepts Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, images, logos, button icons, video, audio clips and software) (the Content) are owned or controlled for these purposes and are reserved by Calibre Concepts Pty Ltd or its contributors.

b) Calibre Concepts Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing You do on or in relation to the Website will transfer to You:

i) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Calibre Concepts Pty Ltd; or
ii) the right to use or exploit a business name, trade name, domain name, trademark or industrial design; or
iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

c) You may not, without the prior written permission of Calibre Concepts Pty Ltd and the permission of any other relevant right owners; copy, reproduce, use or apply for commercial purposes any material or information on the Site, broadcast, republish, up-load to a third party, transmit post distribute, show or play in public, adapt or change in any way the Content or third party content for Your purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8) Privacy

a) Calibre Concepts Pty Ltd takes Your privacy seriously and any information provided through Your use of the Website and/or Services are subject to our Privacy Policy, which is available on the Website.

9) General Disclaimer

a) We update our site as often as practicable, but information can change rapidly and no Member of Calibre Concepts Pty Ltd guarantees its accuracy at any time. We are not liable for any loss incurred from relying on this site, including data corruption or download. You acknowledge that Calibre Concepts Pty Ltd does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant of these Terms.

b) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

c) Subject to this clause, and to the extent permitted by law:

i) All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
ii) Calibre Concepts Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Service of these Terms (including as a result of not being able to use the Services or late supply of the Services), whether at common law, under contract, tort (including negligence), in equity , pursuant to statute or otherwise.

d) Use of the Website, the Services, and any of the Products Calibre Concepts Pty Ltd (including the Delivery Service), is at Your own risk. Everything on the Website, the Services, and the Products of Calibre Concepts Pty Ltd, are provided to You on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, employees, agents, contributors, third party content providers or licensors of Calibre Concepts Pty Ltd, including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Services (including the Services of Calibre Concepts Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction alteration or unauthorised access to records;
ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content related products (including third party material and advertisements on the Website);
iii) costs incurred as a result of you using the Website, the Services or any of the Products;
iv) the Content or operation in respect to links which are provided for the User’s convenience;
v) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10) Limitation of Liability

a) You expressly understand and agree that Calibre Concepts Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. His shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

b) Calibre Concepts Pty Ltd is not responsible or liable in any matter for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Calibre Concepts Pty Ltd, by third parties or by any of the Services offered by Calibre Concepts Pty Ltd.

c) You acknowledge that Calibre Concepts Pty Ltd does not provide the Delivery Service to You and You agree that Calibre Concepts Pty Ltd will not be liable to You for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Service.

11) Unsubscribing or Cancelling Your Membership

a) The Terms will continue to apply until terminated by either You or by Calibre Concepts Pty Ltd as set out below.

b) If you want to terminate the terms, You may do so by:

i) notifying Calibre Concepts Pty Ltd at any time; and
ii) closing your account for the Services which you use, where Calibre Concepts Pty Ltd has made these options available to You.

c) Your notice should be sent, in writing, to Calibre Concepts Pty Ltd via email hello@calibreconcepts.com.au.

d) Calibre Concepts Pty Ltd may at any time, terminate the Terms with You if:

i) You have breached any provision of the Terms or intend to breach any provision;
ii) Calibre Concepts Pty Ltd is required to do so by law;
iii) Calibre Concepts Pty Ltd in transitioning to no longer providing the Services; or
iv) The provision of the Services to you by Calibre Concepts Pty Ltd is, in the opinion of Calibre Concepts Pty Ltd, no longer commercially viable.

e) Subject to local applicable always, Calibre Concepts Pty Ltd reserves the right to discontinue or cancel Your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website of the Services without notice if You breach any provision of the Terms or any applicable law or if your conduct impacts Calibre Concepts Pty Ltd’s name or reputation or violates the rights of those of another party.

f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Calibre Concepts Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely , shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12) Indemnity

a) You agree to indemnify Calibre Concepts Pty Ltd , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on full indemnity basis) incurred, suffered or arising out of or in connection with any Content You post through the Website;
ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by You or Your agents of these Terms; and/or
iii) any breach of the Terms.

13) Governing Law

a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

14) Independent Legal Advice

a) Both parties confirm and declare that the provisions of the terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

15) Severance

a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.