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Terms Of Use

Terms and Conditions ( December 2012 ) 

Please Read Carefully Before Using This Website:
Australian Business Number
The Australian Business Number for Prodigg Asia Pacific Pty Ltd is 88 129 895 076.
Prodigg Asia Pacific Pty Ltd maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the "Website" or "Site". If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website

A. TERMS APPLICABLE TO ALL USERS
1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes to Terms

Prodigg Asia Pacific Pty Ltd may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website. Prodigg Asia Pacific Pty Ltd makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside Australia. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorised to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy . You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Prodigg Asia Pacific Pty Ltd shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Prodigg Asia Pacific Pty Ltd is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Site, as well as the organisation and layout of this site, are copyrighted and are protected by Australian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Prodigg Asia Pacific Pty Ltd's copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Prodigg Asia Pacific Pty Ltd.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Prodigg Asia Pacific Pty Ltd. You may not use a part of this Website on any other Website, without Prodigg Asia Pacific Pty Ltd's prior written consent.

Prodigg Asia Pacific Pty Ltd respects the intellectual property rights of others and expects our Users/ users to do the same. The policy Prodigg Asia Pacific Pty Ltd is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@prodigg.com.au

6. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Prodigg Asia Pacific Pty Ltd does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only Prodigg Asia Pacific Pty Ltd's website and the products and services Prodigg Asia Pacific Pty Ltd offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Prodigg Asia Pacific Pty Ltd reserves the right to terminate any link or linking program at any time. Prodigg Asia Pacific Pty Ltd disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Prodigg Asia Pacific Pty Ltd's written permission. If you are interested in linking to this Website, please contact info@prodigg.com.au

7. No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Prodigg Asia Pacific Pty Ltd that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from Prodigg Asia Pacific Pty Ltd through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Prodigg Asia Pacific Pty Ltd should be directed to: info@prodigg.com.au

9. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH Prodigg Asia Pacific Pty Ltd EXPRESSLY DISCLAIMS. Prodigg Asia Pacific Pty Ltd DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Prodigg Asia Pacific Pty LtdWILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Prodigg Asia Pacific Pty Ltd MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Prodigg Asia Pacific Pty Ltd.

10. Governing Law, Location and Miscellaneou

These Terms of Use shall be governed in all respects by the laws of the State of _New South Wales , Australia, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with Prodigg Asia Pacific Pty Ltd. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Prodigg Asia Pacific Pty Ltd

12. Australian Resident

You represent that you are a resident of Australia.

13. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

14. Users Disputes

You are solely responsible for your interactions with other Users. Prodigg Asia Pacific Pty Ltd reserves the right, but has no obligation, to monitor disputes between you and other Users.

15. User Submissions And Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Prodigg Asia Pacific Pty Ltd or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Prodigg Asia Pacific Pty Ltd by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Prodigg Asia Pacific Pty Ltd a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Prodigg Asia Pacific Pty Ltd may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Prodigg Asia Pacific Pty Ltd by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Websiteare not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Prodigg Asia Pacific Pty Ltd has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Prodigg Asia Pacific Pty Ltd reserves the right (but is not obligated) to do any or all of the following:

(a)   Record the dialogue in public chat rooms.

(b)  Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c)   Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(d)  Terminate a Member's access to any or all Public Areas and/or the Prodigg Asia Pacific Pty Ltd Site upon any breach of these Terms of Use.

(e)   Monitor, edit, or disclose any communication in the Public Areas.

(f)   Edit or delete any communication(s) posted on the Prodigg Asia Pacific Pty Ltd Site, regardless of whether such communication(s) violate these standards.

Prodigg Asia Pacific Pty Ltd reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Prodigg Asia Pacific Pty Ltd has no liability or responsibility to users of the Prodigg Asia Pacific Pty Ltd Website or any other person or entity for performance or non-performance of the aforementioned activities.

16. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Prodigg Asia Pacific Pty Ltd confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the International Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the state of New South Wales, Australia.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

17. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Prodigg Asia Pacific Pty Ltd SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Prodigg Asia Pacific Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Prodigg Asia Pacific Pty Ltd. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

A - This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

1 - the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or

2 - otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

- Nothing in these Terms and Conditions shall exclude or limit:

- our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by law; or (iv) any other Liability which cannot be excluded or limited by applicable law; or

- your statutory rights as a consumer.

- In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.

B - Subject to clause A :

- we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and

- you should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

C - Save as provided in clauses A, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.

D - Save as provided in clause A, we shall have no Liability for:

1. loss of revenue;
2. loss of actual or anticipated profits;
3. loss of contracts;
4. loss of the use of money;
5. loss of anticipated savings;
6. loss of business;
7. loss of operation time;
8. loss of opportunity;
9. loss of goodwill;
10. loss of reputation;
11. loss of, damage to or corruption of data; or
12. any indirect or consequential loss;

and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 11.6(a) to 11.6(l) apply whether such losses are direct, indirect, consequential or otherwise.

E - Save as provided in clause A : 1- our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of the value of the relevant Contract under which the cause of action arises; and

2- our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.

F - The limitation of Liability under clause D has effect in relation both to any Liability expressly provided for under these Terms and Conditions and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.

G - In these Terms and Conditions: 1 - “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include any collateral contract); and

2 -“Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

18. Circumstances beyond our control ('Force Majeur')

1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

2. Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

3. If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

19. Indemnity

You agree to defend, indemnify, and hold Prodigg Asia Pacific Pty Ltd, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

20. Additional Information

For additional information, call Care Centre on Free Call 1300 132 514

Homedesignplus, Bathsvanities, Prodigg warrants that, should any part fail within twelve calendar months from the date of installation, except as set out below, that part will be replaced free of charge by Home design plus, provided the product is installed and used strictly in accordance with the instructions supplied, and that failure is not due to accident, misuse, abuse, unsuitable water conditions, or to any alteration, modification or repair by any party not expressly nominated by Homedesignplus. This warranty covers the cost of parts and not labors.

The warranty does not cover damage resulting from non-operation of the bathroom products, the use of non-authorized parts, or consequential damage to any other goods, furnishings or property. Furthermore, this warranty does not displace any statutory warranty, but, to the extent to which homedesignplus is entitled to do so, the liability of homedesignplus under any statutory warranty will be limited at homedesignplus option to the replacement of the bathroom products or supply of equivalent bathroom products.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Colors
Reproduction of colors is as accurate as photographic processes allow, but please note colors may vary slightly from what is displayed on your monitor.

General
This web site may be accessed in Australia and throughout the world. Prodigg Asia Pacific Limited makes no offer in or by this web site to sell any product or service in any country outside Australia and no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia.

Products, Availability & Assembly
Due to popularity or interruption of supply some items may be unavailable or out of stock. While we aim to ensure that information on this website is correct, sometimes errors do occur for which we apologize. Some items may require self-assembly. It may be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.

Note :Prodigg will not take any responsibility for plumbing costs if you book and pay for a plumber without inspecting the product to ensure the product is without fault. CastironBathtubs® is part of Prodigg Asia Pacific Pty Ltd