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Terms of Use

Terms of Use of this Website

Last Modified: 21st August 2019

This website and its contents are owned and operated by James Hardie Australia Pty Ltd ABN 12 084635 558 or its subsidiaries (together, James Hardie, we or us).

These terms and conditions of use (Terms of Use) govern your use of the website; any materials provided on or in connection with our products; and the My Build and My Channel features (collectively, the Services).

By accessing or using the Services, you agree to be bound by the Terms of Use, and to the collection and use of your information as set out in our Privacy Policy, whether or not you are a registered user of the Services. If you do not agree to all of these terms, are not a resident of Australia, or are under the age of 18 you are not authorised to use the Service.

Limited License

Subject to the Terms of Use, we grant you a non-exclusive, limited, non-transferable, revocable license to use the Services in the manner contemplated on the website.

We may restrict, suspend or terminate your licence to access and use all or any part of the Services at any time, without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Unacceptable activity

You agree that you will not use the Services in any way which is unlawful, breaches the Terms of Use, or infringes the rights of any third parties.

You will not post any content, use any intellectual property, or make or attempt to make any changes to the Services except as expressly permitted in these Terms of Use. You may not solicit or promote your own products within the Services, unless you have the prior written consent of James Hardie.

If you are provided with access to the contact details of builder or a customer via the Services including ‘Find a Builder’ services, you must not use the information to contact the builder or customer other than for the purposes of, and as expressly permitted by, the Services.

Use of James Hardie Material

Intellectual Property: James Hardie owns, or licenses from a third party, the Intellectual Property Rights subsisting in the Services and James Hardie Material. Your licence to use the Services and James Hardie Material in no way transfers or assigns any ownership or interest in the Intellectual Property Rights to you.

The reproduction of James Hardie Material is only authorised for purposes connected with the specification or use of James Hardie products.

CAD Drawings: You are granted a limited licence to use, reproduce and distribute exact copies or exact extracts of Computer Assisted Drawings (CAD Drawings) solely for the purposes of detailing, specifying, using, and promoting the use of, James Hardie Hardie products and systems in conjunction with James Hardie product guidelines. You may not, under any circumstances, use or allow the use of the CAD Drawings with any product or system other than James Hardie products and systems.

Trademarks: TM & ® denotes trademarks which are published on this website and are trademarks or registered marks owned by James Hardie Technology Limited. These trademarks may not be copied, used or reproduced in any manner without James Hardie’s express written consent. You may download and print, for your personal use only, James Hardie product brochures containing trademarks.

All other use, copying or reproduction of the Services or any part of it is prohibited except to the extent permitted by law.

Intellectual Property Rights means all patents, copyright, moral rights, rights of publicity, trademarks, goodwill, trade secrets and other intellectual property rights as may now exist or hereafter come into existence, all applications, registrations, renewals and extensions thereof, under the laws of any jurisdiction.

James Hardie Material means all content published on and comprising the website and Services, and all material produced by James Hardie including but not limited to CAD Drawings, technical manuals, and product guidelines.

Disclaimers

James Hardie Material has been formulated to reflect good building practice and provided for information purposes only. James Hardie Material is general, not intended to be an exhaustive statement of all the relevant data and does not replace the judgement or advice of an architect, engineer or other relevant technical or building industry expert. You are solely responsible for making necessary enquiries to determine the suitability or otherwise of the James Hardie products and systems you choose to use. James Hardie technical manuals must be considered in full, not as extracts.

Details of designers, builders and other building industry participants are published on this website for information purposes. This publication does not constitute an endorsement of these participants by James Hardie. You should make your own enquiries to ensure that a person or business is appropriate for you or your customer’s needs and has requisite skills and qualifications.

For convenience, this website contains other website addresses and links to other websites. These are published for information purposes only. James Hardie does not endorse, approve of, or make any representations or warranties in relation to the information published on those other websites. James Hardie is not responsible and will not be liable for any information published on those other websites.

Warranties

James Hardie makes no warranties or representations that the Services will be complete, accurate or up to date, or that access to the Services will be uninterrupted or error-free, or that the website is secure.

James Hardie may provide specific warranties in relation to James Hardie Material, products and systems. The details of such warranties are incorporated into the Terms of Use and are available in the relevant product manual and from the James Hardie CustomerLinkTM Service Centre on 13 11 03.

To the extent permitted by law, all expressed and implied warranties and liabilities in relation to James Hardie Material and James Hardie products and systems is excluded. James Hardie accepts no liability arising out of the use, reproduction, distribution or reliance on the James Hardie Material and James Hardie products and systems.

Liability

To the maximum extent permitted by law, in no event shall James Hardie, its affiliates, agents, directors, employees, suppliers or licensors be liable for, and no measure of damages will, under any circumstances, include: (i) any indirect, punitive, incidental, special, consequential or exemplary damages; or (ii) damages for loss of profits, revenue, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

Under no circumstances will James Hardie be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information contained therein. You agree that James Hardie has no liability, including to third parties, for any systems or products you create using the James Hardie Material.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if James Hardie has been advised of the possibility of such damage.

Find A Builder Service

Your use of the Find a Builder service is voluntary and at your own risk.

James Hardie does not investigate, verify or warrant the certification and/or licensing, competence, solvency or information of any builder participating in the ‘Find A Builder’ feature of the Services. We strongly recommend that you check the certification and license of any builder with the applicable licensing Board or authority. You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through the Find a Builder service.

To the extent permitted by law, in no circumstances will James Hardie, its agents, or affiliates be liable for damages to any user of the Services for the selection of or services provided by a builder listed therein, or for any other loss or damage which may occur as a result of communication with or engagement of the builder. Under no circumstances shall James Hardie be liable for any damages caused or arising as a result of losses caused to you by a person or entity, that you incur as a consequence of using the Service.

Privacy

James Hardie collects your personal information so James Hardie can provide and market the Services to you. By accessing the services, you agree that your personal information is collected, used and disclosed by us in accordance with the James Hardie Privacy Policy and may be shared with James Hardie and its service providers in Australia.

Where you have made a comment on any of James Hardie's social media pages or website, you grant to us a licence to publish, in accordance with the Privacy Policy, any comment, feedback, review or testimonial provided by you to us.

James Hardie uses commercially reasonable safeguards to preserve the integrity and security of your personal information and implement your privacy settings. If any personal information under James Hardie control is compromised, James Hardie will take reasonable steps to investigate and, if required by law, notify those individuals whose information may have been compromised.

Amendments James Hardie may change the Terms of Use at any time, for any reason, without notice. By continuing to use the Services, you accept the amended Terms of Use. A copy of the most current Terms of Use will be displayed on this website.

Severability Any provision of the James Hardie Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of the Terms of Use and it does not affect the validity or enforceability of that provision in any other jurisdiction.

Governing Law Your use of the Services and the Terms of Use are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Updates to the Services We may provide updates to the Services from time to time, but we are under no obligation to do so.

Contact Us If you have any questions about these Terms of Use, please contact us at info@jameshardie.com.au

Additional Terms

Additional terms and conditions apply to James Hardie products and systems and are incorporated into these Terms of Use. Buyers and sellers can view and/or download these terms and conditions from this site by clicking on the relevant link. Alternatively, please contact the James Hardie CustomerLinkTM Service Centre on 13 11 03 (7am-7pm EST, seven days a week) or e-mail: info@jameshardie.com.au for a copy to be sent by mail or facsimile.

Building Products: Terms and Conditions of Sale - Building Products (35kb) These terms and conditions apply to all sales of fibre cement building boards, accessories and related fibre cement products, within Australia, by James Hardie Australia Pty Ltd, unless otherwise agreed in writing with the buyer. A buyer who submits an order to James Hardie agrees to transact on these terms.

Purchasing Terms and Conditions: Purchasing Terms and Conditions for James Hardie Australia Pty Ltd (352kb) These terms and conditions will apply to all purchases of goods or services, within Australia, by James Hardie Australia Pty Ltd, unless otherwise agreed in writing with the seller. A seller who accepts a purchase order from James Hardie agrees to transact on these terms.

Other Resources

Pollution Incident Response Notification Plan James Hardie Rosehill James Hardie has prepared a comprehensive Pollution Incident Response Management Plan (PIRMP) for its facility located in Rosehill, NSW to comply with the requirements detailed in the Protection of the Environment Legislation Amendment Act 2011 (POELA Act). The PIRMP can be accessed here: PIRMP

ACL Warranty Notice From 1 January 2012, all warranties against defects that are supplied with goods or services must comply with the Australian Consumer Law (ACL) and Competition and Consumer Regulations 2010 (Regulations). Please see James Hardie's notice here: ACL Warranty Notice (35kb)