Terms and Conditions

This website is owned and operated by Beare Flooring Head Office Pty Ltd. Within these terms, ‘Beare Flooring’, ‘we’, ‘us’, and ‘our’ refers to Beare Flooring Head Office Pty Ltd. Beare Flooring offers this Website and information within it to you, subject to your acceptance of these terms and conditions. By accessing the Website, you are agreeing to these Terms and
Conditions.

Please review carefully and, if you do not accept these Terms and Conditions set out below, please exit and refrain from accessing this Website. By accessing, using, or otherwise utilising this Website, you hereby agree to these Terms and Conditions.

These Terms and Conditions (updated October 2024) outline your obligations and responsibilities in relation to access and use of the Website, in addition to the rights and obligations of any other use of the Website.

1. DEFINITIONS

In these Terms and Conditions, the following terms have the following meanings:

• Clients mean those customers or persons who have engaged the Services from Beare Flooring.
• Intellectual Property mean any and all trade marks, copyright, designs, patents or other intellectual property owned by Beare Flooring or its affiliates, whether that right exists in Australia or any other jurisdiction.
• Price Match Guarantee means that guarantee from Beare Flooring whereby Beare Flooring agrees to match or beat the price of a competitor for the provision of the Services, subject to these the contractual arrangement between Beare Flooring and the Client.
• Services means any commercial flooring services provided by Beare Flooring, as governed by separate contractual agreements between Beare Flooring and its clients.
• Services Fee means that amount payable by the Client to Beare Flooring for the provision of the Services.
• Terms and Conditions means these terms and conditions.
• User means you or any other person who accesses and uses the Website.
• Website means www.beareflooring.com.au.

2. GENERAL

Beare Flooring is a family-owned business which specialises in providing advisory and building services in relation to residential flooring, including but not limited to, the installation of carpet, timber and other flooring types, in addition to window furnishings.

You may access and use the Website at no charge and without registering any account or paying for the Services of Beare Flooring, however, you agree and acknowledge that access to any information and/or use of parts of the Website may be restricted to our Clients only, or require payment for access to our Services.

This Website is provided solely for informational purposes. Any commercial engagements with Beare Flooring are formalised through separate agreements and not through interactions on this Website.

3. THIRD PARTY CONTENT

3.1 The Website may contain links to sites on the internet that are owned and operated by third parties and are not under our control.

3.2 In relation to the other sites on the internet, which are linked to the Website, we provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site.

3.3 We are not responsible for examining or evaluating the content, products or services within such third-party websites, and we do not warrant and will not have any responsibility for such third party websites, materials, products or services.

3.4 By accepting these Terms and Conditions, you agree to indemnify and hold Beare Flooring harmless from any:
(a) claim made by any third party arising out of your breach of these Terms and Conditions, or your violation of any laws or rights of a third party; and
(b) any loss, damage, claim or other matters resulting from the User’s use of a third- party website.

3.5 You agree and acknowledge that you are financially responsible for any purchasing made
on a third-party website.

4. INTELLECTUAL PROPERTY

4.1 By accessing and using the Website, you acknowledge and agree that:
(a) we are either the owner or licensee of all rights, interests and titles in the Intellectual Property, and you will not hinder, impede, or challenge our ownership or entitlement to use and/or register any of the Intellectual Property contained on
the Website;
(b) any use, downloading, copying, reproduction, linking, framing, or other communication of any of the Intellectual Property is strictly prohibited unless required for access to the Website; and
(c) you must not copy, upload, communicate, modify or other distribute any of the Intellectual Property without our prior written consent.

4.2 You agree and acknowledge that all Intellectual Property, including any registered or
common law trade marks on the Website belong to their respective owner and will refrain
from the unauthorised use of such Intellectual Property.
4.3 Any unauthorised use or misappropriation of the Intellectual Property is strictly prohibited
and may be pursued under relevant laws.

5. OUR SERVICES & PRICING

All services and products offered by Beare Flooring are subject to separate contractual terms agreed upon between Beare Flooring and the respective Client. The information provided on the Website is provided for general guidance only and does not constitute an offer or contract between the parties.

6. PRICE MATCH GUARANTEE

6.1 Beare Flooring uses its best endeavours to provide accurate quotes for the provision of the Services, in accordance with the current market.

6.2 Upon receipt of our quote for the Services, you may present a quote received from a similar business, and Beare Flooring will match its price for the Services to that business, subject to compliance with Clause 6.3 of these Terms and Conditions.

6.3 To receive the benefit of our Price Match Guarantee, you must provide a quote from a similar business which contains the following information, in writing:
(a) Product specifications, fibre, OZ rating, underlay specifications, width, length and height of hard flooring;
(b) Details confirming uplifting and/or disposing of existing flooring as to whether this is included or not on the quote;
(c) Details confirming if any flooring preparation is included in the quote;
(d) Product warranty;
(e) Quantity of material and installation quotes; and
(f) Quotes for specific areas stipulated.

6.4 You acknowledge and agree that, if that information specified at Clause 6.3 of these Terms and Conditions has not been provided, the Price Match Guarantee is not applicable.

6.5 The terms of the Price Match Guarantee may vary in accordance with the contractual arrangement between Beare Flooring and the Client and the information in this clause is for general guidance only and does not constitute an offer, agreement or contract.

6.6 The Price Match Guarantee is subject to Beare Flooring’s discretion and is only applicable upon mutual agreement within the context of a formal contract between Beare Flooring and the client.

7. LIABILITY DISCLAIMER

7.1 To the fullest extent permitted by law, Beare Flooring shall not be liable for any direct or indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Website or Services, including, but not limited to, reliance by a User on any information or photographs obtained by Beare Flooring that results in mistakes, omissions, interruptions, deletion of files, viruses, delays in operation or transmission, or any failure of performance.

7.2 All the content on the Website or other information on the Website act as general knowledge and guidance only and does not constitute business, financial, taxation or accounting advice and should not be used for any specific purpose. For any absence of doubt, we advise that such information should not be used in substitution for specialised independent advice, and the Services provided are for educational purposes only.

7.3 As a User of the Website, or receiver of the Services, you are solely responsible for seeking accounting and financial advice from relevant specialists, advisers or accountants with respect to our quotation for Services.

7.4 We do not claim any responsibility or liability for any loss, damage, injury or other claim for any outcomes resulting from your reliance upon the Website, the Services, its inability to match your financial needs or any third-party content.

7.5 The information contained on the Website is for informational purposes only and does not affect any separate agreements, offers or contracts between Beare Flooring and its clients. Liability arising from any commercial transactions will be governed by the terms of the relevant contractual agreement.

8. WEBSITE CONTENT

8.1 The Website contains photographs of our past works and we endeavor to represent all images of products and services as accurately as possible, however, you acknowledge and agree that there may be variations in colour, quality or appearance due to different resolutions on personal computers.

8.2 In the selection of any products, we advise the User to make any decisions in-person at their preferred location, which will be subject to availability.

8.3 Beare Flooring uses blogs to provide various information in relation to flooring or other topics, which may be based on personal experience and preference. You acknowledge and agree that all blogs on the Website are provided for entertainment purposes and should not be solely relied upon for the provision of the Services or selection of goods.

8.4 Beare Flooring provides a list of Frequently Asked Questions (FAQS) on the Website,
which are based on our knowledge and experience.

9. PRIVACY

You may be required, from time to time, to provide your personal identification information, in accordance with these Terms and Conditions. We are committed to ensuring that any personal information obtained is kept secure, confidential, and in accordance with any applicable privacy laws.
Please see our Privacy Policy for more information on how we collect and protect your personal information at the following link – https://beareflooring.com.au/privacy-policy/.

10. COOKIES

The Website uses cookies and other technologies to assist with navigation and operation of the Website, analysation of your use of the Website, and delivery of advertising and tailored content for your interests. For more information, please see our Privacy Policy.

11. GENERAL

11.1 You acknowledge that we may vary these Terms and Conditions from time to time and you agree to be bound by such variations from that time when that variation is advised on the Website. Should you not wish to be bound by such variations, please exit this Website.

11.2 You acknowledge and agree that continued use of this Website constitutes an agreement to these Terms and Conditions and any variations of these Terms and Conditions in accordance with Clause 11.1 above.

11.3 You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, contained in the Competition and Consumer Act 2010 (Cth), which may not be modified by use.

11.4 These Terms and Conditions shall bind upon and inure to the benefit of Beare Flooring and our respective assigns, successors, heirs and legal representatives. Neither these Terms and Conditions nor any rights hereunder may be assigned without the prior written consent of Beare Flooring. Notwithstanding the foregoing, all rights and obligations under these Terms and Conditions may be freely assigned by Beare Flooring to any affiliated entity or any of its wholly owned subsidiaries.

11.5 These Terms and Conditions shall be construed in accordance with the laws of Australia, and any dispute shall be subject to the exclusive jurisdiction of the courts of Australia.

11.6 If any provision of these Terms and Conditions shall be unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

11.7 Should any communication between the parties be required, notice is properly given to the other party by:
(a) email to an email address nominated by the other party via the Website; or
(b) postal address to which the other party has nominated in connection with the Website or the Services.

11.8 In the event we fail to enforce any right or provision under these Terms and Conditions, this shall not constitute a waiver of any future enforcement of that provision or of any other provision.

12. INDEMNIFICATION

12.1 You agree to indemnify, defend, and hold harmless us and our directors, employees, agents, franchisees or affiliates from any claims, liabilities, damages, expenses or costs (including reasonable legal fees) arising out of or in connection with:
(a) your violation of these Terms and Conditions or your use of the Website;
(b) your violation of any laws or rights of third parties in connection with your use of the Services or Website, including but not limited to, privacy rights, intellectual property rights and consumer protection rights;
(c) your misuse of the Website, Services or any content available on or through the Website, including but not limited to any infringement of intellectual property rights or defamation of third parties;
(d) any claim that any content, information, or material you submit, post, transmit, or make available through the Website or Services infringed upon any third party rights, including but not limited to, intellectual property rights, publicity, privacy or
proprietary rights; and
(e) any act or omission, whether negligent or otherwise, by you or anyone accessing the Website or Services using your account or login credentials, which causes or contributes to any harm, loss or damage to Beare Flooring or any third party.

12.2 This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Website or Services.

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