Privacy policy.
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including by telephone, by email, via our website www.ailiving.com.au, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
1. About this Website
(1) This website is proudly owned by Ailiving (“us”, “our”, “we”, “ailiving.com.au”, “Ailiving”).
(2) Your use of www.ailiving.com.au (“website”) is subject to these terms of use (“Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from the website.
(3) The goods and services described in this website are available from ailiving.com.au only (unless the goods or services are specified as “available in store only”), and will be available for you to make an offer to ailiving.com.au via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where ailiving.com.au accepts your offer, ailiving.com.au will sell the goods or services to you in accordance with the Term and Conditions of Sale and any Catalogue Terms.
2. About ailiving.com.au Showroom
(1) Each showroom carrying on business by themselves, ailiving.com.au shared showroom with Ailiving.
(2) ailiving.com.au does not make or authorise any offer or representation that is specified as “available in store only” or otherwise is made by any showroom and does not represent that any goods or services in this website will be offered by or available from any showroom at the specified price, or at all.
(3) Goods or services specified as “available in store only” may not be on display or available from each showroom, and where the goods or services are available from an showroom, the price for those goods or services may vary from the price shown in this website.
3. Website Information
(1) Each of the showroom owned by Ailiving and each related showroom does not publish, make, or authorise any offer or representation by this website and does not represent that any goods or services in this website will be offered by or available from any showroom at the specified price, or at all, or otherwise sell any goods or services to consumers throughout Australia under the name or style including the words “Ailiving”.
(2) Images of goods published in this website without any advertised price beside that image are not offered for sale.
(3) Photographs are for illustrative purposes only and may vary from goods depicted or described.
(4) Australian Made references in this website are only applicable to Furniture goods.
(5) International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders and payment are unable to be accepted.
4. Website Content
(1) ailiving.com.au may add or remove content from this website without notice at any time.
(2) Any articles, information or content published on this website must be read subject to these Terms.
(3) Although ailiving.com.au try to confirm the accuracy of any information published on this website, you agree that ailiving.com.au cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to ailiving.com.au or by manufacturers or suppliers changing product specifications without notice to ailiving.com.au. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
(4) The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
(5) This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, ailiving.com.au does not in any way represent that ailiving.com.au recommends or endorses the relevant advertiser, its products or services.
(6) ailiving.com.au nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold ailiving.com.au liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
(7) ailiving.com.au may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. ailiving.com.au does not accept any responsibility in connection with your participation in activities conducted by any other party.
5. Your Use of the Website
(1) You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
(2) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) ailiving.com.au may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5) ailiving.com.au may in its sole discretion restrict your access to this website. If ailiving.com.au does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. ailiving.com.au will not be liable to you or any third party for doing so.
(6) As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
(7) ailiving.com.au may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, ailiving.com.au may withdraw this website, or change or remove website functionality at any time without notice to you.
6. Intellectual Property Rights
(1) Ailiving owned ailiving.com.au.
(2) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by ailiving.com.au, the Franchisor, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
(3) Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. ailiving.com.au makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
(4) You may view this website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of ailiving.com.au or, in the case of third party material, from the owner of the copyright in that material.
(5) You may not modify or copy the layout or appearance of this website, nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
(6) If you correspond or otherwise communicate with ailiving.com.au, you automatically grant to ailiving.com.au an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include publishing testimonials on this website and developing your ideas and suggestions for improved products but is not limited to.
7. Links to Other Websites
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Your Personal Information may be disclosed in a number of circumstances including the following:
Third parties where you consent to the use or disclosure; and
Where required or authorised by law.
(1) This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under ailiving.com.au’s control and ailiving.com.au is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. ailiving.com.au provides these links to you for convenience only and the inclusion of any link does not imply Ailiving’s endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, ailiving.com.au disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.
(2) ailiving.com.au reserves the right to prevent third parties from linking to this website.
8. Secure Data and Transmissions
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent, or where required or authorised by law.
(1) Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
(2) When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
(3) As the internet, ailiving.com.au cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and ailiving.com.au does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst ailiving.com.au and its third parties take precautions to protect information, ailiving.com.au does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once ailiving.com.au or its third party receives your transmission, ailiving.com.au and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Customer Service Team Team immediately.
(4) You must take your own precautions to ensure that the process which you use to access the website, or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither ailiving.com.au nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
9. Cookies
Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
10. Use of Your Information and Material
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
ailiving.com.au will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
ailiving.com.au appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of ailiving.com.au. ailiving.com.au may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
11. Disclaimer
(1) Each showroom and ailiving.com.au make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
(2) Each showroom and ailiving.com.au do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, each showroom and ailiving.com.au disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
(3) The use of the information on this website is at your own risk. To the extent permitted by law, each showroom and ailiving.com.au exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, each showroom and ailiving.com.au limit their liability to the re-supply of the relevant information or services.
(4) You agree to indemnify each showroom and ailiving.com.au and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. ailiving.com.au makes no representations that the content of this website complies with the laws of any country outside Australia.
13. General
These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).