Terms of Service
TERMS AND CONDITIONS OVERVIEW
By visiting our site and/ or purchasing something from us, and by your affirmative actions of registering for and/or using the Tint Services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of Tint Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the Tint Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
REQUIREMENTS FOR USE OF THE TINT SERVICES
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
The Tint Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Full use of the Tint Services requires compatible Tint Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Tint Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Tint Services.
Please see the section entitled "Precautions" below for recommended precautions related to your use of the Tint Products and the Tint Services.
Content found on www.tintpaint.com.au or through the Tint Services is for informational purposes only.
We are not responsible for any colour related problems (such as production or artwork issues) that may result from using the Tint Services. If you engage in the Tint Services you agree that you do so at your own risk.
You represent that you are using the Tint Services for its intended purpose. If you are registering or using the Tint Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE TINS SERVICES
We try to provide helpful and accurate information on the Tint Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Tint Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Tint Services. If you rely on any information provided by Tint, Tint employees, or others appearing on or contributing content to the Tint Services, you do so solely at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO TINT SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to change or discontinue, temporarily or permanently, any feature or component of the Tint Services (or any part or content thereof) at any time without further notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any feature or component of the Tint Services.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively through the Tint Services. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Tint Services. We cannot guarantee that your computer, tablets or phone’s monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of Tint Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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 Tint or its related companies.
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.
TINT EDM LIST
Please note, by making a purchase on the Tint website, you will automatically be added to the mailing list and receive direct email marketing which you can then choose to unsubscribe to at any time.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
If you feel that any content posted on the Tint Services infringes your copyrights or other intellectual property rights, please notify us by contacting email@example.com.
YOUR PRIVACY SETTINGS
Through the Tint Services, we enable you, if you wish, to share information with others.
Subject to Tint's adherence with the privacy settings you select within the Tint Services, you hereby grant to Tint a perpetual, irrevocable, non-exclusive, world- wide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Tint Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to Tint's adherence to the privacy settings you select within the Tint Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Tint's use of the User Generated Content or require your permission for Tint to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Tint or its sublicensees relating to Tint's or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Tint and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copy- right, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
OWNERSHIP OF TINT SERVICES
Except for the User Generated Content, the Tint Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Tint or its licensors. You acknowledge that the Tint Services and any underlying technology used in connection with the Tint Services contain Tint's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Tint Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Tint Services not expressly granted to you by Tint are retained by Tint and its licensors.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES
Tint does not warrant that use of the website will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the website is free of viruses or other potentially harmful components. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
LIMITATION OF LIABILITY
In no event will tint be liable for direct, indirect, incidental, punitive or consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the website, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not tint has been advised of the possibility of such damages. The aggregate liability of tint, arising from or relating to the website (regardless of the form of action or claim, e.g. Contract, warranty, tort, strict liability, negligence, or any other legal theory) is limited to $100. Tint's affiliates, providers and partners have no liability whatsoever arising from the website. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
USER INDEMNIFICATION OF TINT
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ORDERING AND RECEIVING PRODUCTS
A. Supply of Products. It is the customers responsibility to check their order at the time of purchase or delivery including but not limited to: the dimensions, colours, shade variations, quality, quantity and any other detail shown on any orders. All products should be checked for colour, size and quality before being used. Tint take no responsibility for the accuracy of the quantity of product, which you have ordered. All products sold by Tint are to be used and applied in accordance with the manufactures instructions and all goods must be used in accordance with recognised industry standards. No responsibility will be accepted by Tint for damage which occurs from the use of acids in cleaning or any other procedure which is not recommended by the manufacturer.
B. Delivery of Products Tint will use reasonable endeavours to deliver goods to the customer on the estimated delivery date (and within 12 business days) during Tint’s normal business hours of 9:00am-5pm Monday to Friday, but it is not and will not be responsible for any delay due to causes beyond its control, including (but not limited to) its manufacturing, shipping or delivery delays, strikes, force majeure and acts of God. Claims made for: Incorrect supply, short supply; or goods damaged in transit; or any discrepancies with regards to an invoice must be made within two (2) days of the delivery date, otherwise they will not be considered. For goods damaged in transit or delivery we require photographic evidence before we can commence replacing said damaged goods. You will receive tracking information regarding your delivery once your products have been dispatched, outlining your estimated delivery date. You also need to be on site to receive your order on the day of delivery. If the nominated delivery company attempts to deliver your products and you are not available to receive them, you will be invoiced by Tint for any costs associated with the re-delivery of your tiles at a later date. Tint is able to request the hold off of any re-delivery until associated delivery fees are paid for by you.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com or by post to: Tint, 49 Argyle St, Fitzroy, VIC, 3065.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
THIRD PARTY SERVICES
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance: firstname.lastname@example.org or by post to: Tint 49 Argyle St, Fitzroy, VIC , 3065.