METRO TILES WEB SITE
TERMS OF USE

Welcome to the Metro Tiles Web Site

Welcome to our Web site, a service of Metro Tiles Pty Ltd ACN 009 816 817 ("Metro Tiles"). Metro Tiles makes available materials, information and software on this Web site, subject to the following terms and conditions.

By accessing or using this Web site, you agree to the terms and conditions as outlined in these terms and conditions. Metro Tiles may change these terms and conditions from time to time at its sole discretion. If you do not agree to the terms and conditions, you should not use this Web site.

Restrictions on use of the Metro Tiles Web Site

All material from www.metrotiles.com.au and any other World Wide Web site which is owned, operated, licensed or controlled by Metro Tiles or any of its related, affiliated or subsidiary companies (together Metro Tiles) may not be copied, distributed, modified, republished, reused, up loaded, reposted or transmitted or otherwise used outside the scope of normal web browsing without the prior written consent of Metro Tiles.

Without the prior written consent of Metro Tiles, you may not frame any of the content of this Web site or incorporate into another Web site or other service any intellectual property of Metro Tiles, any of its licensors or suppliers.

You may download one copy of the material on a computer or diskette for your personnel, informational and non-commercial use provided you do not change or delete any service marks, trade marks, trade names, logo's, copyright notices or other proprietary notices of Metro Tiles. The modification or use of the materials for any other purpose violates Metro Tiles' intellectual property rights. The material in this Web site is provided for lawful purposes only. Any material which is downloaded from our Web site including files, data and images will be taken to be licensed to you by Metro Tiles. Metro Tiles retains full and complete title in intellectual property rights to all materials. You may not reproduce, sell, repost, modify or convert any material from this Web site in any way inconsistent with these terms and conditions.

The information and material specified above that you may use as stated above does not include the design and layout of this Web site or any other Web site owned, operated, licensed or controlled by Metro Tiles. Elements of the Metro Tiles Web sites are protected by trade dress, trade mark and other intellectual property laws and may not be copied in whole or in part.

Metro Tiles may revoke your right to use this Web site or any material or information available on it at any time. You will end your use of this Web site and the material or information available from it upon written notice from Metro Tiles.

Use of software

If software is available for download from this Web site, the software is licensed to you by the owner or supplier of the software under the terms of the software user license agreement that accompanies or is included with such software.

You will not be able to download or install any software that is accompanied by or includes a software user license agreement, unless you agree to the terms and conditions of the end users license agreement. If you do not agree to these terms, you are not authorised to use that software.

Disclaimer and restricted liability

You agree that your use of the Web site is at your sole risk. Because of the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, inaccuracies or other problems with information on the Internet. If you rely on this service or any material available through the service, you do so at your own risk. You understand that you are solely responsible for any damage to your computer system or loss of data that results from any materials and/or data downloaded from or otherwise provided by this Web site.

Metro Tiles cannot and does not warrant that service will be error-free or continuously available, or that the service will be free of viruses or other harmful components. You must take your own precautions to make sure that whatever your select for use from this Web site is free of viruses or anything else (such as Worms or Trojan horses) that may interfere with or damage the operations of your computer systems or data.

Metro Tiles does not make any guarantee or representations as to the accuracy or completeness of the contents of this site or any other site which is owned, operated, licensed or controlled by Metro Tiles.

Metro Tiles may from time to time change, add or make corrections to the material and information on this Web site without notice to you. Metro Tiles does not agree to keep this Web site updated. Metro Tiles is not liable to you or anyone else if errors occur in the information or if this Web site or the information in it is not up to date.

ALL INFORMATION AND MATERIALS, INCLUDING THE DOCUMENTS, AUDIO, VIDEO AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMITTED BY LAW.

TO THE FULL EXTENT PERMITTED BY LAW, METRO TILES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. ANY WARRANTIES OR CONDITIONS ARE HEREBY EXCLUDED AND DISCLAIMED INCLUDING WARRANTIES OF MERCHANTABILITY QUALITY FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.

METRO TILES AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

METRO TILES’ AND ITS SUPPLIERS’ LIABILITY AND THE USERS’ SOLE REMEDY WHETHER IN THE CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE WILL NOT EXCEED THE AMOUNT YOU (THE USER) PAID TO ACCESS OR USE THIS WEB SITE.

UNLESS REQUIRED BY LAW, IN NO CASE IS METRO TILES OR ITS SUPPLIERS LIABLE FOR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DEATH, INJURY, LOSS OF USE, DATA, PROFITS, SAVINGS OR GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR PERFORMANCE OF INFORMATION FROM THIS WEB SITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS OR OMISSIONS OR FAILURE OF TRANSMISSION, COMPUTER VIRUS OR FAILURE TO CONNECT. THIS APPLIES EVEN IF METRO TILES OR ITS SUPPLIERS HAVE BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THAT THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIS WEB SITE AND THE INFORMATION AVAILABLE FROM IT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPEOGRAPHICAL ERRORS. CHANGES ARE FROM TIME TO TIME MADE TO THE INFORMATION AVAILABLE FROM THIS WEB SITE. THESE CHANGES MAY BE INCORPORATED IN NEW ADDITIONS TO THIS WEB SITE. METRO TILES OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIAL AVAILABLE FROM THIS WEB SITE AT ANY TIME.

This Web site may be accessed from other countries around the world and may contain references to Metro Tiles goods and services that are not available in your state or country. These references do not imply that Metro Tiles intends to allow or make available such goods or services in your state or country.

Copyright

This Web site and the information available on it is protected by copyright. Copyright © 2001 Metro Tiles Pty Ltd ACN 009 816 817, 192 Granite Street, Geebung, Queensland, Australia, 4034. All rights reserved.

Except as specifically stated in these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, transmit, display, perform, publish or create derivative works from any information available on this Web site or commercialise any information, goods or services obtained from any part of this Web site without the prior written permission of Metro Tiles.

Intellectual property

Metro Tiles by making available the information on this Web site does not in any way give up its rights, or anyone else's rights, to the materials appearing or made available on this Web site. The materials available on the Web site are the property of Metro Tiles, its licensors or suppliers. The materials are protected by copyright, trade mark and other intellectual property laws.

No endorsement

No endorsement of any third party goods or services is expressed or implied by any information, material or content referred to or included on or linked from or to this Web site.

Linked Web sites

This Web site may contain hyperlinks or other links to web sites operated by third parties other than Metro Tiles. These hyperlinks or links are provided for your reference only. Metro Tiles does not control or have any rights over these web sites. Metro Tiles is not responsible for the contents of any linked site or any links contained in a linked site or any changes or up dates to such sites.

Metro Tiles makes no representation whatsoever about any other Web site to which you may be linked or have access from the Metro Tiles Web site. When you access or use a non Metro Tiles Web site you do so at your own risk. Metro Tiles is not responsible for the accuracy or reliability of any information, data, opinion, advice or statements made on those sites.

Metro Tiles is not responsible for Webcasting, emails or any other form of transmission received from any linked site. Metro Tiles is providing these links to you only as a convenience and the inclusion of any links does not imply any endorsement by Metro Tiles of any site or the material on these Web sites or any association or relationship with their owners or operators.

No legal advice

The information on this Web site is not intended to be legal advice.

Trade marks

The trade marks, logo and service marks (Marks) displayed on this Web site are the property of Metro Tiles or other third parties. You are not permitted to use the Marks without the prior written consent or agreement of Metro Tiles or such other third party which may own the Marks. The following trade mark is registered or otherwise owned by Metro Tiles Pty Ltd in Australia or certain other countries. This trade mark is "Metro Tiles".

Internet Domain names

Metro Tiles does not allow you or third parties to use "Metro Tiles" or any other Metro Tiles trade or service marks or product names in any internet domain name.

Linking

Metro Tiles does not allow you to place a link on your Web site to this Metro Tiles Web site unless Metro Tiles agrees in writing and unless you comply with the guidelines for linking issued by Metro Tiles from time to time.

Feedback and submissions

Unless otherwise stated in these terms and conditions, any remarks, suggestions, ideas or graphics, materials or information communicated or transmitted to Metro Tiles through and in connection with this Web site will not be taken to be confidential. By sending Metro Tiles any such materials or information, you grant Metro Tiles an unrestricted irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information as we see fit in any way for any purpose. You agree that Metro Tiles is free to use any ideas, concepts, know how or ideas that you communicate or transmit to Metro Tiles for any purpose in any way.

Although Metro Tiles cannot monitor all the postings in public posting areas, chat rooms or forums, we may but do not have to delete, remove or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to Metro Tiles. We will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies. Responsibility for items posted in the public posting areas, chat rooms or forums lies with each user. You alone are responsible for material that you post in connection with this Web site.

By using this Web site you agree not to post or transmit any defamatory, abusive, obscene, threatening, infringing or illegal material, or any other material that infringes on the ability of others to enjoy this Web site or infringes on the rights of others.

Indemnification

You agree to indemnify Metro Tiles against any and all damages, costs, expenses including reasonable lawyers fees and court costs, which may arise out of claims relating to your submissions to or other use of this Web site, including, claims by third parties that your submissions to this Web site violate the third parties trade mark rights, copyrights, privacy rights, rights of publicity or other proprietary rights and claims that your submissions to this site contain obscenities, defamation or offensive material.

Metro Tiles may restrict access or use of this Web Site

We may at any time restrict or deny access or use of this Web site to anyone who we believe has breached these terms and conditions.

Request of law enforcement agencies

Metro Tiles may comply with law enforcement requests or requirements relating to your use of this Web site or any information provided to or gathered by Metro Tiles with respect to that use.

Governing law and jurisdiction

This Web site (excluding linked sites) is controlled by Metro Tiles from its offices within the State of Queensland, Australia. Metro Tiles makes no representation that the materials referred to in this Web site are appropriate or available for use in your location. If you use this Web site from any location outside the State of Queensland, Australia, you are responsible for compliance with applicable local laws.

By accessing or using this Web site you and Metro Tiles agree that all matters relating to your access to or for use of this Web site will be governed by the statutes and laws of Queensland, Australia. You and Metro Tiles agree to submit to the exclusive personal jurisdiction and venue of the courts of Queensland, Australia and any courts which may hear appeals from those courts in connection with any proceedings in connection with these terms and conditions of use for this Web site.

General

If any part of these terms and conditions is unlawful, void or unenforceable, then that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. This is the entire agreement between the parties relating to the use of this Web site.

Comments on this Web Site

We hope that you find using this Web site useful. We welcome suggestions for improvement. Please contact us with any questions or problems relating to this Web site as appropriate. "All rights not expressly granted by Metro Tiles herein are reserved."