TERMS OF USE

ABOUT US

1. We are a leading furniture manufacturer. Our products are manufactured in Vietnam by authorised manufacturers then distributed and sold in various countries worldwide.
2. We enjoy significant goodwill in relation to our trading name, trademarks, brand, designs, photography, copyright, packaging, catalogues, products, price lists, item codes and all other methodology and know-how associated with our Intellectual Property however and wherever those things are represented by us.
3. Numerous retailers, importers, wholesalers, distributors, consumers, advertisers, media, and our competitors instantly associate our intellectual property with “PGT” or “PGT International“, namely our brand “PGT-Reclaimed“.
4. Retailers, importers, wholesalers, distributors, consumers, advertisers, media, and our competitors worldwide associate our intellectual property as belonging exclusively to us.
5. We are the owner of many logo and word trademarks (whether registered or unregistered) and each is used extensively throughout the world by us and our exclusive distributors in various countries:
6. We apply our trademarks to products in our product range, and each is a badge of origin that is ultimately viewed by a consumer. Our trademarks have featured extensively throughout our product catalogues and branding since 2002.
7. Each of the above trademarks are well known by retailers, importers, wholesalers, distributors, consumers, advertisers, media, and our competitors worldwide as belonging to us.
8. We are the owner of numerous designs (whether registered or unregistered). Our designs are sold in our various product ranges. They are distinctive in appearance, have their own item code, and are well known by retailers, importers, wholesalers, distributors, consumers, advertisers, media, and our competitors globally as belonging exclusively to us.
9. Our websites, trademarks, designs and photography, packaging, catalogues, products, price lists, item codes and our methodology and know-how are expressions of our ideas and as such are our copyright material. Our trademarks are also subsumed into our photography as part of our copyright material.

ACCEPTANCE

10. Welcome to our website. You agree to these terms and conditions if you display our website on any electronic device or access or use our website in any other way.
11. We may modify these terms and conditions in whole or part at our discretion. Any modifications immediately replace the relevant part of these terms and conditions and your continued use of our website constitutes your agreement to the modifications.

DEFINITIONS

12. “Intellectual Property” means our products, brand, trademarks, copyright, designs, patents, marketing material, business names, logos, confidential information, trade secrets, know-how, websites and domain names, whether registered or unregistered.
13. “Third Party” means third party individuals or businesses who are not within our control.
14. “Plantation Grown Timbers (International) Limited” (also referred to as “us”, “our” and “we”) means the owner and operator of www.pgt-reclaimed.com and www.pgtmate.com, owner or licensee of the Intellectual Property, and our successors and assigns.

RESTRICTIONS & ACKNOWLEDGEMENTS

15. By accessing this website, you confirm that: 12.1. you will not interrupt or attempt to interrupt the operation of this website in any way; 12.2. you will not modify, copy, reproduce or create derivative works from our Intellectual Property or otherwise use this website for an illegal or fraudulent purpose; 12.3. you will not use this website in any way that is inconsistent with these terms and conditions; and 12.4. you acknowledge and understand this website may be hosted on Third Party servers over which we have no control.
16. We reserve the right to report any suspected illegal or fraudulent activity engaged in by you acting alone or with a Third Party to the relevant law enforcement authorities.

DISCLAIMERS

17. To the extent permitted by law, the content of our website is provided on an “as is” basis without any implied or express warranties of any kind with regard to its content, availability, validity, timeliness, or accuracy.

INDEMNITIES

18. To the extent permitted by law, you agree to indemnify Plantation Grown Timbers (International) Limited, its directors, officers, shareholders, employees, agents, affiliates, associates, successors and assigns against all damages, expenses, losses and costs resulting from your use of this website or your infringement of these terms and conditions.

LIMITATIONS

19. To the extent permitted by law, Plantation Grown Timbers (International) Limited, its directors, officers, shareholders, employees, agents, affiliates, associates, successors and assigns have no liability to you in connection with your use of this website, and you waive and release them without limitation from any and all claims.

NO SPAM

20. We publish email addresses on our website to facilitate communication relating to our products and services. This is not to be inferred as our consent to receiving unsolicited commercial or marketing emails from you.

INTELLECTUAL PROPERTY

21. We take our intellectual property rights seriously, and enforce them to the fullest extent of the law. We use our best endeavours to ensure that we respect the intellectual property rights of others. If you believe this website infringes your intellectual property rights please send the following to our legal representatives in writing:
    • your full name and contact details; and
    • a written description of your intellectual property rights and how you consider this website infringes them.

    Our legal representative’s contact details are:

    Stone Lawyers
    PO Box 761,
    Cleveland QLD 4163,
    Australia

    www.stonelawyers.com.au

VIRUSES

22. We make absolutely no representation whatsoever that the information you obtain by using this website is free from faults, defects, computer viruses or malware, and our liability for those things is limited or excluded to the fullest extent of the law.

NO WAIVER

23. The fact that we fail to do, or delay doing, something we are entitled to do under these terms and conditions, does not amount to a waiver of any obligation of, or breach of obligation by, any other person. A waiver by us is only effective if it is in writing and in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

SEVERABILITY

24. If a clause or part of a clause in these terms and conditions can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from these terms and conditions, but the rest of them are not affected.

GOVERNING LAW

25. These website terms and your use of this website are governed by Australian and international intellectual property laws.