Terms and Conditions of FORM + DESIGN

This Web Site is owned and managed by Form & Design Pty Ltd (FORM + DESIGN) ABN 13 107 007 223.

Use of this Web Site is subject to the terms and conditions of use.

FORM + DESIGN is not liable to you or any other for any loss in connection with the use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Note: FORM + DESIGN reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

DISCLAIMER OF LIABILITY:

General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site.

This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

CURRENCY TRANSACTED IN:

All prices shown are in Australian Dollars only (AUD). All transactions are processed in Australian Dollars (AUD).

Specific Warnings and Disclaimers:

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Web Site, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your 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. We do not warrant that your access to the Web Site will be uninterrupted or error free or that any defects will be corrected.

We may, from time to time, change or add to this Web Site (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of FORM + DESIGN) will FORM + DESIGN be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Web Site.

To the fullest extent permitted by law, FORM + DESIGN liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of FORM + DESIGN to the following:

1. In the case of services supplied or offered by FORM + DESIGN, (a) the supply of the services again, or (b) the cost of having services supplied again; and

2. In the case of goods supplied or offered by FORM + DESIGN, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of the replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by FORM + DESIGN and FORM + DESIGN may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination you are no longer authorised to access the Web Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

COPYRIGHT

This Web Site is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

* Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or

* Commercialise any information, products or services obtained from any part of this Web Site without our written permission.

TRADE MARKS

These trade marks and other FORM + DESIGN products and services referred to in this Web Site are trade marks of FORM + DESIGN.

Other product and company names mentioned in this Web Site may be the trade marks of other people or entities.

Nothing contained in the Web Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of FORM + DESIGN or third party owner.

LINKED WEB SITES

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only any may not remain current or be maintained.

Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.

Unless otherwise stated the Linked Web Sites are not under the control of FORM + DESIGN and FORM + DESIGN is not responsible for the contents of any Linked Web Site. You link to any such web site at your own risk.

COOKIES

FORM + DESIGN uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies

Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check out page and you have ordered that product.

Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date.

Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies

To enable FORM + DESIGN to recognise each time your browser visits the FORM + DESIGN website it downloads a cookie onto your hard drive.

Through the use of the cookie FORM + DESIGN is able to:

(a) recognise your browser each time it visits our site; and

(b) track which pages you visit whilst at our site.

FORM + DESIGN may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information FORM + DESIGN will not provide this to third parties without your consent, except where:

(a) such disclosure is permitted under the Privacy Act 1988;

(b) FORM + DESIGN is required by law to disclose information to third parties; or

(c) FORM + DESIGN has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.

Other Ways We Track Site Activity

Another way we track site activity is by using transparent electronic images called "clear GIFs," "Web bugs," or "Web beacons" on formanddesign.com.au Web pages. These images count the number of users who visit that page from specific banner ads outside formanddesign.com.au or through e-mail links. A similar image, sometimes called a "Spotlight Tag," is used on formanddesign.com.au Web pages where transactions take place. The Tag collects numeric information, such as the dollar amount of an online purchase, to help us understand usage of the site. We do not use any of these electronic images to collect personally identifiable information.

GENERAL

In this Web Site:

"FORM + DESIGN" means Form & Design Pty Ltd ABN 13 107 007 223 and its associated companies unless otherwise specified.

"Linked Web Sites" means web sites of persons or entities other than FORM + DESIGN which are hyperlinked from this Web Site.

"Personal Information" means any information from which your identity is apparent or can be reasonably be ascertained.

"Web Site" means the whole or any part of the web pages located at www.formanddesign.com.au (including the lay-out of this Web Site, individual elements of the Web Site design, underlying code elements of this Web Site, or text, sounds, graphics, animated elements or any other content of this Web Site.)

"We" and "us" refer to FORM + DESIGN, and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from FORM + DESIGN right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by FORM + DESIGN with respect to that use.