Terms & Conditions

1. INTRODUCTION

Welcome to Place & Palette, operated by Interior Renovation Supplies Pty Ltd (hereinafter referred to as "Company," "we," "us," or "our"). These Terms & Conditions (“Terms”) govern your access to and use of our website https://placeandpalette.com.au (the "Site"), as well as our products, services, and associated offerings that reference these Terms (collectively, the “Services”).

By using or accessing the Services, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

For inquiries, please contact us via:

Email: info@placeandpalette.com.au
Mailing Address: 20 Bareena Drive, Balgowlah Heights, New South Wales 2093, Australia

2. ELIGIBILITY

By accessing the Services, you represent and warrant that:

You are at least 18 years old or are legally recognised as capable of entering into binding contracts in your jurisdiction.
All information you provide to us during registration or use is accurate, complete, and up-to-date.

The Services are designed for use within Australia and may not be appropriate or legally permissible in other jurisdictions. If you access the Services outside of Australia, you do so at your own risk and must ensure compliance with applicable laws.

3. MODIFICATION OF TERMS

We reserve the right, at our sole discretion, to modify or revise these Terms at any time for any reason. Any changes will be communicated by updating the "Last Updated" date at the top of this document. It is your responsibility to regularly review these Terms to stay informed of updates. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

4. USE OF THE SERVICES

a. Grant of Licence

Subject to compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for personal, non-commercial purposes.

b. Prohibited Uses

You agree not to:

Use the Services for any unlawful or unauthorised purposes.
Attempt to gain unauthorised access to our systems, servers, or data.
Copy, modify, distribute, or create derivative works of our content without prior written permission.
Introduce malicious software or harmful code to the Services.
Engage in activities that may harm or interfere with the proper functioning of the Services.

Failure to adhere to the above restrictions may result in termination of your access to the Services and/or legal action.

5. PRODUCTS AND SERVICES

We provide the following:

In-Home Styling and Shopping Service – Available exclusively in Sydney, Australia.
E-Commerce Shop – Accessible across Australia, offering a curated selection of interior design products.

a. Product Information

We make every effort to ensure product descriptions, images, pricing, and availability information are accurate. However, errors may occur. We do not guarantee that product details displayed on the Site are entirely accurate or free of discrepancies.

b. Availability

All products are subject to availability. We reserve the right to limit or cancel orders based on stock availability or other factors.

c. Pricing and Taxes

Prices are displayed in AUD and may include applicable taxes unless otherwise stated. We reserve the right to change prices without prior notice.

6. PURCHASES

By making a purchase through the Site, you agree to provide current, complete, and accurate payment and shipping information.

a. Payment Methods

We accept the following payment methods:

Visa
Mastercard
American Express

b. Order Acceptance and Cancellation

We reserve the right to reject or cancel any order for any reason, including but not limited to:

Suspected fraudulent activity.
Errors in product information or pricing.
Restrictions based on geographical location.

If your order is cancelled after payment, we will issue a refund using your original payment method.

c. Risk of Loss

All items purchased are shipped under a delivery contract. Risk of loss and title for purchased items pass to you upon delivery by the carrier.

7. INTELLECTUAL PROPERTY

a. Ownership

All content provided on the Services, including text, graphics, logos, designs, audio, video, and software (collectively, "Content"), and trademarks, service marks, and logos (collectively, "Marks") are owned by us or our licensors. They are protected by copyright, trademark, and other applicable intellectual property laws.

Provided you comply with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have lawfully gained access, solely for your personal, non-commercial use.

b. Licence Restrictions

Unless explicitly permitted in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or used in any manner for commercial purposes without our prior written consent.

If you wish to use the Services, Content, or Marks in a way not covered by this section or elsewhere in our Legal Terms, you must submit a request to info@placeandpalette.com.au. Should we grant permission for such use, you must acknowledge us as the owners or licensors of the Services, Content, or Marks and ensure that any applicable copyright or proprietary notices are clearly displayed.

We reserve all rights to the Services, Content, and Marks that are not expressly granted to you.

Any violation of these Intellectual Property Rights constitutes a material breach of our Legal Terms and will result in the immediate termination of your licence to use our Services.

c. Your Contributions

Any feedback, suggestions, or contributions you provide to us through the Services shall become our sole property. By submitting such content, you grant us an irrevocable, perpetual, royalty-free licence to use, reproduce, and adapt the contributions for any purpose.

8. RETURNS AND REFUNDS

Please review our comprehensive Return and Refund Policy available on the Site at https://placeandpalette.com.au/pages/returns-exchange-policy before completing any purchases.

9. PROHIBITED ACTIVITIES

You are strictly prohibited from using the Services for any purpose other than those expressly made available by us. The Services may not be utilised for any commercial activities unless explicitly authorised or endorsed by us. Prohibited activities include, but are not limited to:

Systematically retrieving data or content from the Services to create or compile, directly or indirectly, collections, compilations, databases, or directories without our written permission.
Engaging in deceptive, fraudulent, or misleading conduct, including attempts to obtain sensitive account information such as passwords.
Circumventing, disabling, or interfering with any security-related features of the Services, including those that restrict or prevent copying of Content or enforce limitations on the use of the Services or Content.
Disparaging, tarnishing, or otherwise harming us or the Services, as determined at our discretion.
Using information obtained from the Services to harass, abuse, or harm another individual.
Misusing our support services or submitting false reports of abuse or misconduct.
Using the Services in violation of applicable laws or regulations.
Engaging in unauthorised framing of or linking to the Services.
Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other harmful material, including excessive use of capital letters or spamming repetitive text, that disrupts or impairs the operation or enjoyment of the Services.
Automating the use of the Services, such as through scripts, bots, data mining tools, or similar mechanisms.
Removing or altering copyright or proprietary notices from any Content.
Impersonating another user or person, or using another user’s credentials.
Uploading or transmitting (or attempting to upload or transmit) spyware, passive data collection mechanisms, or similar devices, such as clear GIFs, 1×1 pixels, cookies, or web bugs.
Interfering with, disrupting, or overburdening the Services or the networks and systems connected to the Services.
Harassing, intimidating, or threatening our employees or agents involved in providing the Services.
Bypassing or attempting to bypass any measures designed to prevent or restrict access to the Services or any portion thereof.
Copying, adapting, or modifying the Services software, including but not limited to Flash, PHP, HTML, or JavaScript.
Deciphering, decompiling, disassembling, or reverse-engineering any software comprising or forming part of the Services, except as permitted by applicable law.
Launching, developing, or distributing any automated tools, such as spiders, bots, scrapers, or offline readers, to access the Services, except for standard search engine or browser usage.
Using a purchasing agent to make purchases on the Services.
Engaging in unauthorised collection of user data, including usernames or email addresses, for the purpose of sending unsolicited messages or creating accounts under false pretences.
Using the Services for any activity that competes with us or involves revenue-generating or commercial endeavours without our consent.
Advertising or offering to sell goods or services through the Services.
Selling or transferring your profile or access to the Services.

Engaging in any of these prohibited activities may result in the immediate termination of your access to the Services and other legal consequences, as deemed appropriate.

10. TERMINATION

We may suspend or terminate your access to the Services at any time without prior notice if you violate these Terms or engage in prohibited activities. Upon termination, all licences granted under these Terms will immediately cease.

11. USER CONTRIBUTIONS

The Services may provide opportunities for you to interact, contribute to blogs, message boards, online forums, or other interactive features, and may allow you to submit, post, display, transmit, or distribute content and materials (collectively referred to as "Contributions"). These Contributions may include, but are not limited to, text, images, audio, video, suggestions, comments, and other information or materials.

By submitting Contributions to the Services, you acknowledge that such Contributions may be visible to other users and third-party platforms and that your Contributions will be treated as non-confidential and non-proprietary. When providing Contributions, you warrant and represent the following:

Ownership and Permissions: You own or have secured all necessary rights, licences, and permissions to create, use, and distribute the Contributions, including any required consents from identifiable individuals whose personal details or likeness are used.
No Infringement: Your Contributions do not violate or infringe upon the intellectual property rights, privacy rights, or any other proprietary rights of any third party.
Accuracy: Your Contributions are not false, misleading, or deceptive.
Content Standards: Your Contributions are not defamatory, obscene, abusive, harassing, threatening, libellous, discriminatory, or otherwise objectionable as determined solely by us.
Legal Compliance: Your Contributions comply with all applicable laws and regulations and do not contain content that promotes violence, hate speech, or illegal activities.
No Offensive Content: Your Contributions do not include any content that is obscene, lewd, pornographic, or harmful to minors.

Any violation of these terms may result in the suspension or termination of your access to the Services without prior notice.

12. CONTRIBUTION LICENCE

By submitting Contributions through the Services, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, transferable, worldwide licence to use, host, copy, modify, reproduce, publicly display, perform, distribute, publish, broadcast, and prepare derivative works based on such Contributions for any lawful purpose, including commercial, advertising, and promotional purposes.

This licence extends to all forms and formats of media, whether existing now or developed in the future, and includes the right to sublicense these rights. You waive all moral rights associated with your Contributions and represent that no moral rights have been asserted by third parties.

While you retain ownership of your Contributions and their associated intellectual property rights, we retain the right to edit, remove, or re-categorise your Contributions at our discretion, without notice.

13. REVIEW GUIDELINES

We may provide areas on the Services for users to post reviews or ratings. By posting a review, you agree to:

Ensure your review is based on first-hand experience with the subject of the review.
Avoid profanity, offensive language, or discriminatory references.
Refrain from promoting illegal activities or making false or misleading claims.
Disclose any conflicts of interest, including affiliations with competitors.

We reserve the right to accept, reject, or remove reviews at our sole discretion. Reviews posted on the Services do not reflect our opinions or endorsements. By posting a review, you grant us a non-exclusive, perpetual licence to reproduce, modify, and distribute the review content.

14. THIRD-PARTY ACCOUNTS AND CONTENT

You may link your account to third-party platforms (each a "Third-Party Account") by providing login credentials or authorising access to the Services. By linking accounts, you warrant that:

You have the right to disclose login credentials and grant access without violating third-party terms.
The Services may access, store, and use information from the linked accounts to enhance your experience.

We do not monitor or guarantee the accuracy, legality, or appropriateness of third-party content and disclaim any liability arising from your interactions with such platforms. You may deactivate these connections at any time by contacting us.

15. THIRD-PARTY LINKS AND RESOURCES

The Services may include links to third-party websites and content ("Third-Party Resources"). We do not endorse or assume responsibility for these Third-Party Resources. Accessing such resources is at your own risk, and you are responsible for reviewing their respective terms and privacy policies.

16. MANAGEMENT OF THE SERVICES

We reserve the right to:

Monitor user activity and enforce compliance with these terms.
Restrict access to, or disable, any Contributions deemed inappropriate.
Remove or modify content that is burdensome to our systems.
Maintain the Services' integrity and functionality.

We have no obligation to monitor user activity but retain the right to take appropriate actions against violations.

17. PRIVACY POLICY

Your use of the Services is subject to our Privacy Policy at https://placeandpalette.com.au/pages/privacy-policy. By using the Services, you consent to the collection, processing, and transfer of your data in accordance with Australian law.

18. TERMINATION

Without restricting any other provisions of these Legal Terms, we retain the right, at our absolute discretion and without prior notice or liability, to refuse access to or usage of the Services (including blocking certain IP addresses) to any individual, for any reason or no reason at all. This includes, but is not limited to, violations of any representation, warranty, or obligation set forth in these Legal Terms or breaches of any relevant laws or regulations. We may, at any time and without prior warning, terminate your access, revoke your participation in the Services, or remove your account along with any content or information you have posted, entirely at our discretion.

If your account is suspended or terminated for any reason, you are strictly forbidden from registering or creating a new account under your own name, a fictitious or assumed name, or the name of any other individual or entity, even if acting on their behalf. In addition to account suspension or termination, we reserve the right to initiate suitable legal measures, including, but not limited to, pursuing civil, criminal, or injunctive remedies as necessary.

19. MODIFICATIONS AND SERVICE INTERRUPTIONS

We reserve the right, at our sole discretion and without prior notice, to alter, modify, or remove any content from the Services at any time and for any reason. While we may choose to update information within the Services, we are under no obligation to do so. Additionally, we reserve the right to modify or cease offering all or any part of the Services at any time without notice. We shall not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Services.

We do not guarantee that the Services will be available at all times. Interruptions, delays, or errors may occur due to hardware or software issues, maintenance requirements, or other unforeseen factors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise alter the Services at any time and for any reason, without providing prior notice.

You acknowledge and agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Services during periods of downtime, maintenance, or discontinuation. These Legal Terms do not impose any obligation on us to maintain or support the Services or to provide corrections, updates, or new releases.

20. GOVERNING LAW

These terms are governed by the laws of Australia. Disputes shall be resolved exclusively in Australian courts.

21. DISPUTE RESOLUTION

Informal Discussions

To facilitate a swift and cost-effective resolution of any disagreement, controversy, or claim related to these Legal Terms (each referred to as a "Dispute" and collectively as "Disputes"), both you and we (individually a "Party" and together, the "Parties") agree to engage in informal discussions for at least thirty (30) days before initiating arbitration. These discussions will begin upon one Party providing written notice to the other Party. This process does not apply to certain exceptions outlined below.

Binding Arbitration

If a resolution cannot be achieved through informal discussions, any Dispute arising from or connected to these Legal Terms, including questions about their existence, validity, or termination, will be submitted to final and binding arbitration. The arbitration will be conducted under the Rules of the International Commercial Arbitration Court (ICAC) of the European Arbitration Chamber (located in Brussels, Belgium, at Avenue Louise, 146).

The arbitration will involve three (3) arbitrators.
The seat and legal venue for arbitration will be Sydney, Australia.
The arbitration proceedings will be conducted in English.
The governing law for these Legal Terms will be the substantive laws of Australia.

Limitations

The Parties agree that arbitration will only address the Dispute between the Parties directly. To the extent permitted by law:

Arbitration cannot be combined with any other proceeding.
Disputes cannot be arbitrated on a class-action basis or using class-action procedures.
Disputes cannot be brought on behalf of the general public or other individuals in a representative capacity.

Exceptions to Informal Discussions and Arbitration

Certain Disputes are excluded from the informal negotiation and arbitration requirements, including:
(a) Disputes involving enforcement, protection, or challenges to a Party's intellectual property rights.
(b) Disputes concerning theft, piracy, privacy violations, or unauthorised use of the Services.
(c) Claims for injunctive relief.

If any portion of this arbitration clause is deemed unlawful or unenforceable, neither Party will be required to arbitrate the affected Dispute. Instead, such Disputes will be resolved in a court of competent jurisdiction, as specified in these Legal Terms, and both Parties agree to submit to the personal jurisdiction of that court.

22. CORRECTIONS

The Services may contain errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or modify the information on the Services at any time, without prior notice. Such corrections or updates may include changes to prices, descriptions, and availability. You acknowledge and agree that we shall not be held liable for any damages arising from such inaccuracies, omissions, or modifications.

23. DISCLAIMER

THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THE SERVICES OR ANY CONTENT ON THIRD-PARTY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES;
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
INTERRUPTION OR CESSATION OF SERVICE TRANSMISSION TO OR FROM THE SERVICES;
BUGS, VIRUSES, TROJAN HORSES, OR OTHER SIMILAR DESTRUCTIVE CODE TRANSMITTED TO OR THROUGH THE SERVICES BY THIRD PARTIES;
ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES, NOR ARE WE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE ADVISED TO EXERCISE CAUTION AND JUDGEMENT WHEN ENGAGING IN SUCH TRANSACTIONS.

24. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY CONTRARY PROVISIONS IN THESE TERMS, OUR TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICES, IF ANY.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates, officers, directors, agents, employees, and partners, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees, arising out of:

Your Contributions;
Your use of the Services;
Your breach of these Legal Terms;
Any breach of your representations and warranties under these Legal Terms;
Your violation of third-party rights, including intellectual property rights; or
Any harmful or unlawful actions toward another user of the Services with whom you interact.

We reserve the right, at your expense, to assume exclusive control over the defence of any matter for which you are required to indemnify us. You agree to cooperate, at your own expense, with our defence of such claims. We will make reasonable efforts to notify you of any claims, actions, or proceedings subject to this indemnification once we become aware of them.

26. USER DATA

We collect and maintain certain data that you transmit to the Services in order to manage and optimise the performance of the Services, along with data related to your use of the Services. While we perform routine backups of data, you are solely responsible for any data that you transmit, and for any activities that occur as a result of your use of the Services.

You agree that we shall not be liable for any loss, corruption, or deletion of data, and hereby waive any right of action against us arising from any such loss or corruption.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By accessing or using the Services, you consent to receiving electronic communications from us. You acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically, including through email and the Services, satisfy any legal requirement that such communications be in writing.

You further consent to the use of electronic signatures, contracts, orders, and records, and agree to the electronic delivery of notices, policies, and transaction records initiated or completed via the Services. You waive any rights or requirements under any laws or regulations that require the delivery or retention of non-electronic records or the use of an original signature.

28. SMS TEXT MESSAGING

Opting Out:
If you wish to stop receiving SMS messages from us, simply reply to any text message with the word "STOP". You may receive a confirmation message confirming that you have opted out.

Message and Data Rates:
Please be aware that standard message and data rates may apply to SMS messages sent or received. These rates are determined by your mobile carrier and the terms of your mobile plan.

Support:
For assistance or inquiries regarding our SMS communications, please contact us via email at info@placeandpalette.com.au.

29. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted by us in relation to the Services, constitute the entire agreement between you and us regarding the Services. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be deemed a waiver of such right or provision.

We may assign or transfer any or all of our rights and obligations under these Legal Terms to third parties at any time, without your consent. We will not be held liable for any failure or delay in performing our obligations due to any causes beyond our reasonable control.

If any provision of these Legal Terms is deemed unlawful, void, or unenforceable, that provision shall be severed from these Legal Terms, and the remaining provisions shall continue in full force and effect.

Nothing in these Legal Terms creates a joint venture, partnership, employment, or agency relationship between you and us.

You agree that these Legal Terms shall not be construed against us by virtue of having drafted them. You waive any defences related to the electronic form of these Legal Terms and the lack of manual signatures.

30. CONTACT US

To resolve complaints or obtain further information regarding the use of the Services, please contact us at:

Interior Renovation Supplies Pty Ltd
20 Bareena Drive
Balgowlah Heights, New South Wales 2093
Australia
Email: info@placeandpalette.com.au