Boral Sampler Terms of Use

These are the Terms of Use ("Terms of Use") that apply for use of the Boral Sampler application and related services (the "Application") provided by Boral Shared Business Services Pty Ltd ACN 000 373 660 ("Boral"). Please read these Terms of Use carefully as use of the Application constitutes acceptance of these Terms of Use and Boral's Privacy Policy available at http://www.boral.com.au/Article/privacy_policy.asp.

Your use of the Application may be as an unregistered user of the Application ("General User"), a registered user of the Application ("Registered User") or as the entity or individual (as applicable) approved as the registered builder user of the Application ("Registered Builder") each a ("User") for the purposes of these Terms of Use.

In these Terms of Use the words "includes" or "including" means includes or including without limitation.

General Terms of Use – All Users
1) Boral may change these Terms of Use from time to time in its absolute discretion. Boral will post any such changes to the Terms of Use on the Application and, in the case of Registered Users and Registered Builders notify such changes to those Users at the specified email address. Continued use of the Application now or following the notification of any changes will indicate a User’s acceptance of these Terms of Use and of any such changes.
2) The User is responsible for ensuring access to the latest version of the Application and the correct location filter is applied to product selections displayed on the Application.
3) Boral may terminate a User's access of the Application at any time and for any reason, including breach of these Terms of Use.
4) The User must comply with all applicable domestic and international laws in connection with the use of the Application. The User must not use the Application for any illegal purpose.
5) The Application contains links to third party sites ("Linked Sites"). Linked Sites are not under the control of Boral, and Boral is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site ("Subsequent Link"). Boral provides these hyperlinks as a convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by Boral, its related bodies corporate (together; the "Boral Group") or their respective directors or employees. A User's link to any Linked Site or Subsequent Site is entirely at their own risk.
6) Except as stated within the Application, the Boral Group retains all intellectual property rights (including copyright) in the Application, the products featured in the Application and any material generated by use of the Application.
7) Users may not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, except as permitted in these Terms of Use or with Boral’s prior written consent. Use of this Application does not confer any authority or create any relationship between any member of the Boral Group the User, and nothing permits the User to make representations on behalf of any Boral Group member.
8) The User may use PDF generated material from the Application provided that no logo, trademark or Boral Group branding is removed, the User does not modify any such information or images and does not make any additional representations and warranties relating to such information or images.
9) The Application is provided on an "as is" basis, and the use of the Application is at the User's sole risk. Boral provides no warranty with respect to the security or stability of the Application. Boral cannot ensure that any files or other data downloaded from the Application will be free from viruses, trojan horses or other malicious content.
10) The images of Boral Group products provided on this application are indicative of the appearance and effect that may be achieved from their use. The Boral Group expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement. Colour and shade variations may occur from batch to batch. Boral recommends physical samples are viewed at the time of purchase.
11) The availability of Boral Group products featured on the Application may change over time. Boral recommends Users check the website www.boral.com.au or contact thelook@boral.com.au (ph: 1300 134 002) for details.
12) Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth). Except for any liability that cannot by law be excluded, the Boral Group (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage; whether direct, indirect, special or consequential, arising of, or in connection with the Application including any technical difficulties or equipment malfunction (whether or not under the Boral Group's control).
13) Each User shall indemnify and hold each Boral Group member (and their respective officers, directors and employees) harmless from any liability, cost, expense, loss, claim or demand made by any third party arising out of its use of the Application.
14) These Terms of Use are governed by the laws of the New South Wales, Australia.
15) These Terms of Use, the Boral Privacy Policy and other policies or guidelines Boral may post on the Application constitute the entire agreement between the User and Boral and govern a User's use of the Application.
If you have questions about these Terms of Use, you can contact Boral at: thelook@boral.com.au
Additional Terms – Registered Users and Registered Builders
16) The User must complete the online registration form to use the Application as a Registered User.
17) Registered Users may save product combinations in their account. The Boral Group accepts no liability for any failure of the Application to record these combinations or any inability of the User to access saved product combinations.
18) By using this Application, the User agrees to the collection, use and disclosure of personal information. From time to time, the Boral may amend its Privacy Policy. A User's continued use of this Application following the effective date of any amendment to the Privacy Policy will deem acceptance of those changes, subject to a continuing right to notify Boral at any time as to how the User would like Boral to treat personal information. Boral may use personal information to contact a User from time to time with information about Boral Group products. At any time a User may request to unsubscribe from Boral's marketing updates by emailing sampler@boral.com.au with the subject line of "unsubscribe".
19) The User is responsible for providing accurate registration information, keeping registration information (including all contact details) up-to-date and secure, and for all activity that occurs in that account. All user names and passwords remain the property of Boral and may be changed at any time. If a User account is terminated, Boral may keep a copy of the content for archival purposes.
Additional Terms - Registered Builders
20) To participate in the Application as a Registered Builder, applicants must hold a current contractor licence from the relevant state or territory government building authority complete the online registration form.
21) By registering as a Registered Builder, applicants represent and warrant that they have the authority to register the named entity or individuals for use of the Application.
22) Boral does not guarantee a right to participate in the Application and reserves the right to decline registration for the Application, or restrict an applicant's rights under the Application for any reason including having regard to applicant’s trading history with the Boral Group.
23) Registered Builders may upload a business logo in a high quality JPG or PNG format as specified on the Application registration form. If the Registered Builder does not have a business logo available, or if Boral deems the logo unsuitable for display on the Application, the Application will display the Registered Builder's business name.
24) Registered Builders will receive an email acknowledging a successful application has been made and will be provided access to a customised version of the Application displaying the Registered Builder's business logo or business name supplied at the time of registration.
25) Registered Builders must ensure all relevant consents have been obtained to display the relevant business logo and/or name on the Application. By uploading any photos, logos, digital images or text (collectively "Content") to the Application, the Registered Builder provides the Boral Group a non-exclusive royalty free licence to use such Content for all purposes connected with the Application and warrants that the Registered Builder is the owner of such Content, or has authorization from the owner of the Content to use the Content on the Application and such usage does not infringe the intellectual property rights of any third party.
26) The Registered Builder (and any representative) nominated on the registration form remain jointly and severally liable for any use of the Application in connection with the Registered Builder's account, regardless of whether such use is authorised or unauthorised and is responsible for ensuring all use complies with these Terms of Use.
27) Boral can suspend or terminate a Registered Builder's account, or remove a Registered Builder's account for any reason and at any time including as a result of breach of these Terms of Use or Boral's credit terms. Without limiting any other provision of these Terms of Use, the Boral Group will have no liability to any person in connection with the suspension or termination of a Registered Builder's account (including deletion of any Content).