Terms & Conditions
123home and its associates provide their services to you subject to the following conditions. If you visit or order within this website, you accept these conditions. Please read them carefully.
Electronic Communications
When you visit 123home online or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 123home or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of 123home with copyright authorship for this collection by 123home and protected by Australian and international copyright laws.
Trademarks
Trademarks and trade dress may not be used in connection with any product or service that is not from 123home or in any manner that disparages or discredits 123home & its labels. All other trademarks not owned by 123home or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 123home or its subsidiaries.
License and Site Access
123home grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 123home. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 123home. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 123home and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilising 123home name or trademarks without the express written consent of 123home. Any unauthorised use terminates the permission or license granted by 123home. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 123home so long as the link does not portray 123home, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 123home and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from 123home are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
123home and its associates attempt to be as accurate as possible. However, 123home does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by 123home itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
This site is provided as by 123home on an “as is” and “as available” basis. 123home makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials of products included on this site. You agree to use the site at your own risk. 123home will not be liable for any damages of any kind arising from using this site.
Applicable Law
By visiting 123home you agree that the laws of the state of NSW, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 123home or its associates.
Disputes
Any dispute relating in any way to your visit to 123home or to products you purchase through 123home shall be submitted to confidential arbitration in NSW, except that, to the extent you have in any manner violated or threatened to violate 123home intellectual property rights, 123home may seek an injunction or other appropriate relief in any state or federal court in the state of NSW, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies, such as our Delivery, Privacy & Exchange Policies, posted on this site. These policies also govern your visit to 123home. We reserve the right to make changes to our site, policies, and these ‘Conditions of Use’ at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.