Terms of service
Welcome to the website of Tappeti Pty Ltd (ACN 150 498 323) trading as Tappeti Fine Handcrafted Rugs and Carpets ("we", "us", “our” or "Tappeti").
Tappeti is a world-class textile design firm that has been designing and manufacturing custom statement luxury rugs since 2006.
Our website is located at https://www.tappeti.com.au/ and
https://www.tappeti.com.sg/ includes all of the files
located in that domain (the “Site").
1. Acceptance of Terms of Use
1.1 By accessing this site and using the online eCommerce services offered through the Site, including but not limited to:
(a) accessing the Site and/or creating an account;
(b) using the Site’s features and associated software, networks and processes;
(c) purchasing one or more of the products from a Tappeti Rugs Showroom or as offered on the Site (the “Products”); and
(d) participating in Tappeti’s marketing and promotional communications;
(collectively, the “Services”), you agree to be bound by these terms and conditions of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and Tappeti and govern your use of this Site.
Use of Our Site
1.2 Your use of this Site is subject to these Website Terms of Use. The Website Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Website Terms of Use, our Privacy Policy, and any other policy displayed on the Site, all of which constitute a part of the Website Terms of Use. If you do not agree to the Website Terms of Use, you must not use the Site.
1.3 Any time you visit the Site or use any of the features on the Site, you are taken to accept these Website Terms of Use.
1.4 We may amend or modify the Site, the Products, the Services, the Website Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Website Terms of Use as modified.
Legal capacity to transact
1.5 If you are under 18 years of age, you cannot place orders through this Site. By using this site, you represent and warrant to Tappeti that you are over the age of 18 years. Should Tappeti suffer any damage or other Loss as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such Loss from his/her parents or guardians.
2. Definitions and Interpretation
Definitions
2.1 The following definitions apply in this Terms of Use unless the context requires otherwise:
Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).
Customer means any person who engages Tappeti for the purchase of our goods or services.
Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:
(a) liabilities on account of tax
(b) interest and other amounts payable to third parties;
(c) legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and
(d) all amounts paid in settlement of any Claim.
Order or Orders means any purchase made from Tappeti by a customer, whether in-store or online.
Payment Gateway means any online payment platform including Stripe, or any other gateway we may elect to use from time to time.
Privacy Policy means our privacy policy available here.
Representative means Tappeti directors, officers, contractors, employees, consultants, partners, advisors or other Affiliates.
Stripe means Stripe, Inc., being the online third-party Payment Gateway used for Tappeti’s billing purposes.
Tappeti Rugs Showrooms means our store premises located at Unit 2, 23a Mars Road, Lane Cost West, NSW 2066 Australia and 3 Lim Teck Kim Road, #01-01, Genting Center, Singapore 088934.
User means any person visiting or using the Site or Services whatsoever, regardless of whether registered or unregistered.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
You, you, or your means any Customer, person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site, including any User.
3. Restrictions on use
Prohibited conduct
3.1 Your use of this Site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
3.2 Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the rules as set out in these Terms and the Schedule hereto, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to these Website Terms of Use may result in any of your User Content being removed from the Site.
3.3 Without limiting any other remedies available to Tappeti at law or in equity, Tappeti reserves the right to, without notice:
(a) temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Services to you if:
(i) you breach any provision of these Website Terms of Use;
(ii) Tappeti is unable to verify or authenticate any information that you provide to us; or
(iiI) Tappeti believes that your actions may cause damage and/or legal liability to Tappeti, any of its customers or suppliers or any other person; and
(b) remove or block access to any information and/or materials (in whole or in part) that Tappeti, at its 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 of Use.
Indemnity
3.4 You indemnify and hold harmless Tappeti and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any Loss, liabilities, costs, expenses or damages (including actual, special, indirect and consequential Loss or damages of every kind and nature, including all legal Fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
(a) any material or information that you submit, post, transmit or otherwise make available through this site;
(b) your use of, or connection to, this site; or
(c) your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.This indemnification obligation will survive termination of the Terms and any misuse of the Site.
4. Registration and account security
Requirement for registration
4.1 Tappeti reserves the right to make any part of this Site accessible only to Users who have registered an Account. For the avoidance of doubt, this may include restricting the ability for Customers to place an Order for our Products via our Site without registering an Account with Tappeti.
Username and password
4.2 From time to time, upon registration with this site, you may be required to provide a username and password to access your account. You are responsible for maintaining the security of your password for this site. Tappeti will not be liable for any Loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Tappeti will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.
4.3 You must notify Tappeti immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
4.4 In order to register an account with this site, you must agree to these Website Terms of Use and where we require from time to time, you must provide Tappeti with:
(a) your name or business/company name (including ABN/ACN);
(b) a valid email address;
(c) accurate billing and contact information (including your delivery address or principal place of business, and the name and telephone number of your authorised billing contact and administrator); and
(d) any other information that may be required by Tappeti during the registration process.
4.5 You must promptly update the information as outlined in clause 4.4 to maintain its accuracy at all times.
4.6 You represent and warrant to Tappeti that all information provided to us by you, including the information provided by you as entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
4.7 By accessing our Site, you represent and warrant that your use of the Site is not in breach of any applicable laws.
4.8 The Site may contain links to external websites. By accessing these external websites, you warrant that you will abide by the terms and conditions and privacy policies of such websites, and further acknowledge that Tappeti is not responsible for the maintenance, content, or privacy practices associates with these external websites.
4.9 Customers must take their own precautions to ensure that their process for accessing the Site does not expose themselves to any viruses, malicious computer code or other forms of interference that may negative impact your device. Tappeti shall bear no responsibility for any such damage that may be incurred in connection with your use of this Site.
Multiple accounts and automated account opening
4.10 One person or entity may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations
4.11 Tappeti reserves the right to accept or reject any application for registration of an account with this Site at its absolute discretion.
5. Pricing and Payments
Pricing
5.1 Full payment for all Tappeti Products must be made at the time of such purchase.
5.2 All prices listed on our Site are in Australian Dollars (AUD) and are inclusive of GST.
5.3 Tappeti reserves the right to amend the prices of any Products listed on our Site or displayed in our Tappeti Rugs Showrooms from time to time at our absolute discretion.
5.4 Once an Order has been placed online via our Site, and such Order has been accepted by us, the terms (including the price) of this purchase cannot be varied unless Tappeti and the Customer come to an agreement in writing.
5.5 All prices listed on our Site are exclusive of delivery costs, which may vary from time to time depending on the location for delivery.
Credit card payments
5.6 Visa, MasterCard and American Express credit cards are accepted. Please note that we do not accept any debit cards and may be unable to accept certain credit cards issued by banks outside of Australia in some cases. Tappeti may from time to time, at its absolute discretion, charge additional transaction Fees for credit card payments.
Billing
5.7 Tappeti conducts its payments and secure in-person payment transactions through the Payment Gateway, Stripe, and may elect to use any other Payment Gateway from time to time in its absolute discretion. Payments made through the Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Website Terms of Use. For more information about the current Payment Gateway, see the Stripe website (https://stripe.com/au).
5.8 Payments for online Orders will be processed immediately upon confirmation of your online Order.
5.9 Unless you expressly consent otherwise, we do not see, store, or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing address).
5.10 Tappeti does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit card details, you confirm that you are authorised to use that payment method, and you authorise Tappeti, through the Payment Gateway to charge your payment method for the total amount of your order.
Security
5.11 While our Payment Gateway and Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential Loss (whether direct or indirect), that may be suffered by a customer whose credit card or bank account information is used in a fraudulent or unauthorised manner by any person or entity other than Tappeti.
5.12 Tappeti 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.
5.13 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 Tappeti considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
6. Orders
Rug Specifications
6.1 Features and specifications of our Products as described and displayed on our Site and the Tappeti Rugs Showrooms are subject to change without notices provided that our Products are handcrafted by artisans and inevitably subject to variations. Any such variation does not constitute a defect nor fault, and include the following:
(a) Colour variation – our Products are made from natural and sustainable materials, meaning that the colour of our rugs may slightly vary from time to time. Nonetheless, we warrant that we use our best endeavours to minimise colour variation. ;
(b) Size – due to the artisan nature of our Products, the size of our Products as stipulated on your order may vary within five percent (5%) of the specifications provided;
(c) Thickness – as our Products are handcrafted, there may be minor variations in the line and/or weave thickness or your order.
6.2 While Tappeti will use our best endeavours to ensure that all specifications of Products stated on the Site or in Tappeti brochures and other marketing materials are as accurate as possible, we note that these figures are approximates only and the actual dimensions of our Products may vary from time to time.
Care of rugs
6.3 We note that placing Tappeti rugs in direct sunlight can cause them to fade. In order to minimise fading, we recommend fading, we recommend that you rotate your rug regularly, or alternatively, place it away from direct sunlight.
6.4 As you use and enjoy your Products, vacuuming, moving furniture and other normal use of your Products may naturally shed loose fibres, and/or result in agitation, sprouting or pilling which can be trimmed with scissors. Recommendations on increasing the lifespan of your Tappeti rug within your home are all contained in the “Tappeti Rugs Maintenance & Cleaning Instructions”, available on our Site here.
Placing an Online Order
6.5 You may place on online Order by following the instructions on the Site.
6.6 By placing an order through this Site, you make an irrevocable offer to us to purchase the Services that you have selected pursuant to these Website Terms of Use.
6.7 Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Services to you – however, Tappeti will endeavour to supply your selected Products to you.
Click and Collect
6.8 Customers may be able to place an Order on our Site for collection from a Tappeti Rugs Showroom between the hours of 8:30am and 3:30pm on Monday to Friday, for no additional fee (“Click and Collect”).
6.9 Click and Collect eligibility is dependent on:
(a) the time that an Order is placed; and
(b) stock availability.
Acceptance of orders
6.10 Acceptance of each Order will take place if or when Tappeti notifies you in writing that your Order has been accepted, at the time at which such notification is sent by Tappeti via email.
6.11 Tappeti reserves the right at our discretion to:at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; andat any time:refuse to provide Products or Services to you;terminate your access to this Site; and/orremove or edit any content on this Site.
6.12 Tappeti’s primary form of communication with Customers is via e-mail. Accordingly, Customers acknowledge and agree that it is their sole responsibility to ensure that the correct contact details are entered when placing an Order and that the nominated e-mail address is regularly checked for correspondence. It is preferential that the Customer populated the field requesting their mobile phone number to ease the delivery process.
6.13 Tappeti reserves the right to decline an Order placed by you and may cancel your online Order at any time prior to dispatch of the Product(s).
6.14 In the event that Tappeti cancels an online Order that has not yet been dispatched to the Customer, any monies paid in relation to that Order shall be refunded in full. Any such refund or cancellation will be confirmed by Tappeti via e-mail.
Products out of stock
6.15 From time to time when a Product is out of stock, Tappeti will indicate same on their Site and use their best efforts to restock the Product. Customers have the option to receive an e-mail notification when Products are restocked. Tappeti reserves the right to remove any Products from the Site at any time and at their absolute discretion.
6.16 Tappeti does not accept any responsibility for online Orders that are declined or disrupted due to poor internet connection or any such delay that is caused by circumstances beyond the reasonable control of Tappeti or its Representatives. Tappeti shall be entitled to a reasonable extension of time for the performance of any unfulfilled obligations that may arise as a result of the aforementioned adverse circumstances.
7. Delivery
7.1 Tappeti’s Products are available for delivery domestically (that is, within Australia) and internationally.Tappeti further reserves the right to refuse to ship Orders to remote or rural locations, in which case, Customers will be notified via email and are entitled to a full refund.
7.2 Tappeti warrants and represents that we will use our best endeavours to ensure that Orders are delivered in a prompt and timely manner. However, due to factors out of our control, we note that shipping may, from time to time, be delayed. Tappeti does not accept any liability for Loss or damage suffered as a result of any such delay.
7.3 Shipping prices may vary from time to time depending on:
(a) the provided delivery location; and
(b) the weight and size of the Product or Products ordered.
7.4 The date of dispatch displayed on the Site at the time that an Order is placed is an estimate only and is subject to change.
7.5 Tappeti and or third-party fright carriers will not deliver Orders to PO Box addresses.
7.6 Where a Customer gives written authority for Products to be delivered to the provided address without signature, any and all insurance cover will be voided and the liability of such Products transfers to the Customer.
7.7 The couriers or postal services nominated by Tappeti will deliver Orders during local business hours (being 9am to 5pm from Monday to Friday, excluding public holidays).
8. Refunds, Exchanges and Cancellations
Refunds and other remedies
8.1 Without limiting our obligations under the Australian Consumer Law, we do not offer exchanges for discounted Products or where a Customer has a change of mind in respect to any Products purchased on our Site, unless otherwise agreed in writing.
8.2 Without limiting our obligations under the Australian Consumer Law, we do not offer exchanges for discounted Products or where a Customer has a change of mind in respect to any Products purchased on our Site, unless otherwise agreed in writing.
8.3 We may, from time to time at our absolute discretion, facilitate refunds for full priced and/or discounted Products provided that the Customer requests for a refund within 7 days of receipt, noting that only the value of the Products purchased will be refunded to the Customer (excluding initial delivery costs). Any such refund will only be granted on the premise that the Product displays no signs of use and is returned to Tappeti in the same condition in which it was delivered to the Customer.
8.4 The Customer is solely responsible for the delivery costs associated with any refund when shipping the Product/s back to Tappeti.
Defective or faulty Products
8.4 Where you are returning an Order to us due to a Product being defective or faulty, or because of our failure to comply with a consumer guarantee under the relevant statute, we will facilitate a refund or exchange as we deem appropriate. After arranging a return or exchange with our customer services team, the damaged or faulty Product/s must be returned in its original packaging and delivered in-person or shipped to our warehouse located at Unit 2, 23A Mars Road, Lane Cover West, NSW 2066.
8.5 Customers shall be responsible for any shipping costs associated with a return or exchange or Tappeti Products, and are solely liable for the Product until it arrives at our warehouse.8.6 Should you have any concerns about your Order, our customer services team can be contacted via telephone (PH: +65 2 9698 2735), or via e-mail (studio@tappeti.com.au).
9. GST
9.1 Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
10. Intellectual property
Copyright
10.1 In these Website Terms of Use, the term "Proprietary Content" means:this site;all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site or any Tappeti marketing material, and the selection and arrangement thereof); andall software, systems and other information owned or used by Tappeti in connection with the Services offered through this Site (whether hosted on the same server as this Site or otherwise).
10.2 All Proprietary Content is the property of Tappeti or its 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 of Use or with the prior written consent of Tappeti or other copyright owner (as applicable).
10.3 You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove, modify, reproduce, adapt, display or distribute any copyright, trade mark or other proprietary notices.
Trade marks
10.4 The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Tappeti. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Tappeti.
User Content
10.5 In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any User, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
10.6 This Site contains some features that enable you and other Users to upload User Content. Tappeti reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
(a) represent and warranty to Tappeti that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
(b) grant to Tappeti 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 Tappeti’s absolute discretion.
Copyright claims
10.7 If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
11. Photography
11.1 You consent to allow Tappeti to include any photographs or video content taken by Tappeti, any third-party photographer or by you as posted on social media for use in our marketing material on the Site and across any social media platforms of Tappeti, unless you provide us express written notice revoking such consent.
12. Social Media
12.1 You acknowledge and agree that the information contained on our Site and other associated Tappeti social media channels, including but not limited to Instagram, Facebook, Twitter, LinkedIn, Pinterest, YouTube, or TikTok is for general information only. While we endeavour to keep the information up to date, Tappeti make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Site and other related Tappeti social media channels.
12.2 You agree that Tappeti nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Site and other related Tappeti social media channels.
13. Disclaimer of Warranties
13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPPETI AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS Site AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
13.2 This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Tappeti and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
(a) the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) this Site will meet your requirements or expectations;
(c) anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
(d) the quality of any Services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
(e) errors or defects will be corrected; or
(f) this Site or the servers that make it available are free of viruses or other harmful components.
14. Limitation of liability
Exclusion of liability
14.1 To the maximum extent permitted by law, Tappeti and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person.
Remedies limited
14.2 To the maximum extent permitted by law, Tappeti and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Tappeti's sole discretion):
(a) in the case of Products, to any of the following:
(i) the replacement of the Products or the supply of equivalent goods;
(ii) the repair of the Products;
(iii) the payment of the cost of replacing the Products or of acquiring equivalent Products; or
(iv) the payment of the cost of having the Products repaired; and
(b) in the case of Services:
(i) the supply of the Services again; or
(ii) the payment of the cost of having the Services supplied again.
Release
14.3 You agree that your use of this Site is at your own discretion and risk. You agree to release Tappeti and its officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Site by you or any other person. Tappeti may plead this release as a bar and complete defence to any Claims or proceedings.
14. Force majeure
14.4 To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Tappeti excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Tappeti, and Tappeti shall be entitled to a reasonable extension of time for the performance of such obligations.
15. General
Interpretation
15.1 In these Website Terms of Use, the following rules of interpretation apply:
(a) 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 of Use;
(b) these Website Terms of Use may not be construed adversely against Tappeti solely because Tappeti prepared them;
(c) the singular includes the plural and vice-versa;
(d) 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
(e) the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Notifications
15.2 Tappeti may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Email
15.3 You agree that you are responsible for ensuring that content provided to you by Tappeti via email is not collected in your own junk or spam filters and Tappeti shall not be held liable or accountable for any loss of communication if this is the case.
15.4 You have the option to discontinue receiving communication and/or emails from Tappeti by unsubscribing from our email communications at any time.
Title and Risk
15.5 Title and risk in Tappeti Products shall be passed to you:
(a) For online Orders: from the point of dispatch by Tappeti or a third-party delivery service; or
(b) For Orders made in-store at a Tappeti Rugs Showroom: upon payment in full of the Product or Products.
Costs
15.6 Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
15.7 You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Tappeti's prior written consent. Your registration with this Site is personal to you or your business and may not be sold or otherwise transferred to any other person.
15.7 Tappeti may assign, transfer or sub-contract any of our rights or obligations under these Website Terms of Use or any other policy on our Site at any time without notice to you.
No waiver
15.8 Waiver of any power or right under these Website Terms of Use 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 Tappeti to act with respect to a breach by you or others does not waive Tappeti's right to act with respect to that breach or any subsequent or similar breaches.
Severability
15.9 The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use 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.
Variation
15.10 Tappeti reserves the right to amend these Website Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this 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 this Site or the Services offered through this site.
Dispute Resolution
15.11 The parties agree:
(a)to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Website Terms of Use;
(b) any agreement reached between the parties must be reduced to writing and will be binding on the parties;
(c) where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
(d) such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
15.12 The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms cannot be resolved.
Governing law and jurisdiction
15.13 These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
Schedule 1 - Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;use this Site by any automated means;
- use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of Tappeti's intellectual property rights in this site;
- use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Tappeti without Tappeti's prior written consent; or
- use this Site to transmit any information or material that is, or may reasonably be considered to be:abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trade mark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Tappeti or any of its staff into disrepute.