These terms and conditions (T&Cs) govern your use of the website located at www.thrdesign.com and all related websites operated by THR Pty Ltd (ACN 659 674 638) (THR DESIGN) and its related bodies corporate (collectively, the site).

Please read these T&Cs carefully. By accessing and using the Site, you agree to be bound by, and abide by, these T&Cs. You must not use the Site if you do not agree with these T&Cs.

THR reserves the rights to modify these T&Cs from time-to-time. Please check the Site at regular intervals for any changes. Your continued use of the Site following any changes to these T&C's will constitute acceptance of these T&Cs as modified. You must stop using the Site if you do not agree with these T&Cs as modified.

PRICING

Prices displayed on the Site in currencies other than Australian dollars are estimates only. You will be charged in Australian dollars.
Dollar amounts specified in these T&Cs are in Australian dollars.
Goods and services tax (GST) of 10% will be applied for orders to be delivered to locations within Australia.
The prices displayed on the Site do not include any customs duties or taxes levied by jurisdictions outside Australia, clearance or handling charges, and any other fees and charges that may be incurred in connection with your order, which must be paid by you. If you require information about the duties and taxes in the jurisdiction in which you are located, you will need to contact the relevant authorities directly.
To comply with Australian export requirements, we are required to declare the exact value of all items ordered and to mark them as dutiable merchandise. We are also prohibited by law from marking the order as a 'gift', even if the order is placed with the intention of it being delivered to a gift recipient.
Pricing is subject to change without prior notice.
THR PTY LTD does not offer retrospective price adjustments for an item purchased prior to a sale or promotional period, or purchased during a sale or promotional period but where the price of the item is subsequently reduced further.
THR PTY LTD does not offer to match the price at which an item is available for purchase from other retailers.

ORDERS

All orders submitted through the Site are subject to acceptance by THR PTY LTD
Once you submit your order, you will receive an e-mail to confirm receipt of your order. This e-mail confirmation does not constitute an acceptance of the order or an offer to sell any item(s). THR PTY LTD reserves the right to:

refuse an order for any reason; and/or
correct inadvertent errors, omissions, or inaccuracies on the Site in relation to price, item availability or item descriptions.
Acceptance of all orders is subject to THR PTY LTD confirming availability and price for any item(s) ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.

THR PTY LTD only accepts your offer, and concludes the contract of sale for the item(s) ordered by you, when we despatch the item(s) and send you an e-mail confirming that the item(s) have been despatched to your nominated shipping address.
THR PTY LTD may cancel your order (including orders accepted by THR PTY LTD) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or item description on the Site at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.

USER ACCOUNT

If you sign up for a user account on the Site (User Account), you:

must keep your username and password confidential and secure; and
accept all liability for any unauthorised use of your User Account, including any username or password.

When signing up for a user account, you must provide accurate, complete and up-to-date information as requested during the sign-up process. It is your responsibility to inform THR PTY LTD of any changes to that information. You may do this at any time by updating your details via your user account.

INTELLECTUAL PROPERTY RIGHTS

All copyright in data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property on the Site (Content) is owned by, or licensed to, THR PTY LTD. Except for viewing the Content for your own personal non-commercial use or as otherwise agreed in writing, THR PTY LTD does not grant you any rights to use the Site or Content for any other purpose.
All registered or unregistered trademarks used on the Site belong to their respective owners.

USE OF THE WEBSITE

You must not:

access or attempt to access any part of the Site which is not designated for access by your password (where applicable);
except as permitted under clause 4(a), by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Site or any Content;
use the Site or any Content in any way that is unlawful or breaches the rights of THR PTY LTD or any third party;
post, or transmit to the Site any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
do anything that imposes an unreasonable or disproportionate workload on the Site, or interferes or disrupts the Site or any network or other website connected to the Site;
breach the security of the Site, test or scan the vulnerability of the Site, or make any unauthorised modifications to the Site;
interfere with any other person's use or enjoyment of the Site;
use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Site, or to reproduce or separately store or use such content;
post or transmit any materials to the Site which breaches any laws relating to a person’s right to privacy or the export of personal data;
post or transmit any materials to the Site which are incorrect or misleading; or
use the Site in any way that otherwise breaches these T&Cs.

THR PTY LTD may refuse you access to the Site or edit or delete material posted by you in contravention of these T&Cs.

THIRD PARTY WEBSITES

The Site may contain links to other websites controlled by third parties (Third Party Websites). THR PTY LTD is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk, and should make your own enquiries before relying on any content contained on such Third Party Websites.
THR PTY LTD makes no representations about the quality or accuracy of content available on Third Party Websites, or that such content does not infringe the intellectual property rights or other rights of a third party.

USE OF THE SITE

Cookies may be used on some areas of the Site. A cookie is a small file placed on a user's hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter that information on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse cookies. A user can refuse a cookie and still fully navigate our Site. In order to collect statistics we may anonymously log information, and identify categories of users by data items such as domains and browser types.

DISCLAIMERS AND LIMITATIONS

While THR PTY LTD updates the Site regularly, it makes no representation as to the accuracy, currency or completeness of any Content (including, but not limited to, images of items sold on the Site) or services on the Site. All Content and services are provided on the basis that you undertake the responsibility for assessing their accuracy and that you rely on the Content and services entirely at your own risk. You should seek independent advice before acting on any material or information contained on the Site or any Third Party Websites, and you must not provide any warranties to third parties in relation to the Content, the services or the performance of the Site.
To the extent that you acquire goods or services from THR PTY LTD as a 'consumer' (as that term is defined in section 3 of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (ACL), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these T&Cs operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the ACL or any other statute where to do so would contravene that statute or cause any term of these T&Cs to be void (Non-excludable Obligations).
Subject to clause 8(b):

all Content and services on the Site are provided on an ‘as is’ basis; and
THR PTY LTD expressly excludes all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on THR PTY LTD ; and
THR PTY LTD does not warrant or guarantee in any way:

the accuracy or completeness of any Content;
that access to or operation of the Site will be uninterrupted or error free;
that any defects on the Site will be corrected immediately; or
that the Site will be free from viruses or other contamination.

THR PTY LTD will not be liable to you for loss of profit or business revenue, reputation, goodwill, business or business contracts, use, anticipated savings, loss or corruption or destruction of data, loss arising from the transmission of viruses, or any indirect or consequential liability, loss or damage suffered by you (including any liability incurred to a third party) in connection with the Site, including as a result of any negligence of THR PTY LTD, and whether or not THR PTY LTD was advised in advance of the possibility of such liability, loss or damage.
THR PTY LTD’ total liability to you (including as a result of any negligence of THR) in respect of any and all loss or damage suffered by you in connection with the Site is otherwise limited to $100.00.

INDEMNITY

You indemnify THR PTY LTD against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that THR PTY LTD may sustain or incur, directly or indirectly, as a result or as a consequence of:

your breach of these T&Cs;
any negligent or fraudulent act, error or omission by you;
your reliance on the Content or services on this Site; or
the reliance of any third party to whom you disclose or otherwise make available any part of the Content.

SUSPENSION AND TERMINATION

You may stop using the Site at any time for any reason.
THR PTY LTD reserves the right, in its sole discretion, to suspend or terminate your access to the Site at any time without notice and for any (or no) reason, including, without limitation, due to:

upgrades or maintenance performed on the Website; and
your breach of these T&Cs.

Any such suspension or termination will not affect either party's rights or liabilities.
To the extent permitted by law:

THR PTY LTD may disclose any information we may have about you in relation to an investigation or allegation that your use of the Site is in breach of these T&Cs or any law; and
THR PTY LTD reserves its right to identify or bring legal action against any person who is breaching these T&Cs, including obtaining injunctive relief.

GENERAL

If any provision of these T&Cs is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of these T&Cs, which will continue in full force and effect.
The invalidity, illegality, or unenforceability of any provision of these T&Cs will not constitute failure of consideration.
Any failure by THR PTY LTD to act or enforce these T&Cs immediately will not be considered a waiver of THR’ right to take any such action.
These T&Cs are governed by the laws of the New South Wales, Australia. By using the Site, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the New South Wales, Australia in relation to any dispute relating to the Site.
You are responsible for your compliance with all laws and regulations applicable to your location.

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