WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to durafencedesigns.net (the ‘Website’). The Website provides you with an
opportunity to browse and purchase various products that have been listed for
sale through the Website (the ‘Products’). The Website provides this service
by way of granting you access to the content on the Website (the ‘Purchase
1.2. The Website is operated by durafencedesigns.net . Access to and use of the Website,
or any of its associated Products or Services, is provided by durafencedesigns.net.
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.
1.3. durafencedesigns.net reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When durafencedesigns.net updates the
Terms, it will use reasonable endeavours to provide you with notice of updates
to the Terms. Any changes to the Terms take immediate effect from the date of
their publication. Before you continue, we recommend you keep a copy of the
Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
durafencedesigns.net in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Mailing address
3.2. You warrant that any information you give to durafencedesigns.net in the course of
completing the registration process will always be accurate, correct and up to
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with durafencedesigns.net; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) 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 Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify
durafencedesigns.net of any unauthorised use of your password or email address
or any breach of security of which you have become aware;
(e) 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 durafencedesigns.net
providing the Purchase Services;
(f) you will not use the Purchase 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 email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by durafencedesigns.net for any illegal or unauthorised use of the
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through Stripe, Paypal, Coingate,
eWay, Pay Advantage, Polipay, Goldmoney (the ‘Payment Gateway
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
5.3. Following payment of the Purchase Price being confirmed by durafencedesigns.net,
you will be issued with a receipt to confirm that the payment has been received
and durafencedesigns.net may record your purchase details for future use.
5.4. durafencedesigns.net may, at their sole discretion, provide a refund on the return of
the Products within 7 days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable
for any postage and shipping costs associated with any refund pursuant to this
6.1. durafencedesigns.net’s Products come with guarantees that cannot be excluded under
the Australian Consumer Law. You are entitled to a replacement or refund for a
major failure of the Product and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the Products
repaired or replaced if the Products fail to be of acceptable quality and the
failure does not amount to a major failure (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material
defects and workmanship in the Products within 3 from the date of purchase
(the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to durafencedesigns.net showing the date of purchase of
the Products, provide a description of the Products and the price paid for the
Products by sending written notice to durafencedesigns.net at …… or by email at
6.4. Where the Warranty Claim is accepted then durafencedesigns.net will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely
liable for any postage or shipping costs incurred in facilitating the Warranty
6.5. The Warranty shall be the sole and exclusive warranty granted by
durafencedesigns.net and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7. Copyright and Intellectual Property
7.1. The Website, the Purchase Services and all of the related products of
durafencedesigns.net 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, logos, button
icons, video images, audio clips and software) (the ‘Content’) are owned or
controlled for these purposes, and are reserved by durafencedesigns.net or its
7.2. durafencedesigns.net 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
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of durafencedesigns.net; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) 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).
7.3. You may not, without the prior written permission of durafencedesigns.net and the
permission of any other relevant rights owners: 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 any purpose. This prohibition
does not extend to materials on the Website, which are freely available for reuse or are in the public domain.
durafencedesigns.net takes your privacy seriously and any information provided through your
use of the Website and/or the Purchase Services are subject to durafencedesigns.net’s Privacy
Policy, which is available on the Website.
9. General Disclaimer
9.1. You acknowledge that durafencedesigns.net does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
9.2. durafencedesigns.net will make every effort to ensure a Product is accurately depicted
on the Website, however, you acknowledge that sizes, colours and packaging
may differ from what is displayed on the Website.
9.3. 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.
9.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) durafencedesigns.net 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 Purchase Services or these Terms (including as a
result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
9.5. Use of the Website, the Purchase Services, and any of the products of
durafencedesigns.net is at your own risk. Everything on the Website, the Purchase
Services, and the Products of durafencedesigns.net, are provided to you on an “as is”
and “as available” basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors, third party
content providers or licensors of durafencedesigns.net make any express or implied
representation or warranty about its Content or any products or Purchase
Services (including the products or Purchase Services of durafencedesigns.net)
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:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) 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
10.1. durafencedesigns.net’s total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
most recent Purchase Price paid by you under these Terms or where you have
not paid the Purchase Price, then the total liability of durafencedesigns.net is the
resupply of information or Purchase Services to you.
10.2. You expressly understand and agree that durafencedesigns.net, 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. This 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.
10.3. durafencedesigns.net is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of
the website of durafencedesigns.net, by third parties or by any of the Purchase
Services offered by durafencedesigns.net.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by
durafencedesigns.net as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to durafencedesigns.net via the ‘Contact Us’ link
on our homepage.
(a) notifying durafencedesigns.net at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where durafencedesigns.net has made this option available to you.
11.3. durafencedesigns.net may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) durafencedesigns.net is required to do so by law;
(c) the partner with whom durafencedesigns.net offered the Purchase Services to
you has terminated its relationship with durafencedesigns.net or ceased to offer
the Purchase Services to you;
(d) durafencedesigns.net is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which
you use the service; or
(e) the provision of the Purchase Services to you by durafencedesigns.net is, in the
opinion of durafencedesigns.net, no longer commercially viable.
11.4. Subject to local applicable laws, durafencedesigns.net 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 or
the Purchase Services without notice if you breach any provision of the Terms
or any applicable law or if your conduct impacts durafencedesigns.net’s name or
reputation or violates the rights of those of another party.
11.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and durafencedesigns.net 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.
12.1. You agree to indemnify durafencedesigns.net, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
(b) 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
(c) any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his
or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Gold Coast, Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 90 Days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by durafencedesigns.net is intended to be viewed by residents
of Australia. In the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts of
15. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under
and pursuant to the laws of Queensland, 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.
16. Independent Legal Advice
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.
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.