About this Privacy Policy

This website is owned and operated by Mitchell's. Access and use of this website is provided by Mitchell's to you on condition that you accept these Conditions of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.

Mitchell's may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

Mitchell's is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details. Mitchell's and its staff will adhere to the Commonwealth Privacy Act 1988 including the National Privacy Principles, Schedule 3 (which explains how any personal information you submit to Mitchell's will be treated).

Intellectual Property

All materials, their presentations and organisation on this website are the property of Mitchell's and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. Any other use of these Materials without Mitchell's written permission is prohibited. This website information and materials may only be used for your own, non-commercial or personal purposes. You may not create derivative works from or otherwise exploit these materials in any way.

Website Currency

Mitchell's updates the information on this website regularly. Although, Mitchell's cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. Mitchell's may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Data Collection

We will only collect information about you if it is pertinent to the type of request made. Information collection from you will typically be in the following circumstances:

• If you visit the Mitchell's and complete an online form, we will only collect the information that you enter if you submit your online form. If at any stage you cancel your request or log out prior to submitting your request, the information you have entered up to that point will be automatically deleted.
• If you have contacted us either by mail, telephone or via facsimile in relation to a product enquiry, customer service enquiry or response to a promotion

The primary purpose of collecting this information is to enable us to provide you with better customer service.

Types of information we collect
The personal information we collect is in most cases supplied by you and includes (without limitation):

• Your name
• Postal address
• Delivery address
• Email address
• Phone number
• Transaction information

How we use this information

We may use your collected information in the following ways:

• To send you information by email, postal mail or other means about our products, services and promotions
• To verify your identity
• To analyse trends and statistics
• To improve or update our website and our products and services
• To protect the security or integrity of our website and our business
• To respond to your enquiries and communicate with you if necessary

You always have the choice not to receive marketing and promotional information. It is our policy to remove any person from our database or mailing list upon the person's request. Please contact us if you do not wish to receive communications from PaintRight.

We do not sell your personal information to third parties and only release personal information when release is appropriate and authorised. If we do need to provide your personal information to an external provider (such as a delivery company) then we will request that these parties protect your privacy, however that provider's own privacy policy may apply.

Mitchell's is the sole owner of the information collected.

Data Security and Storage

Mitchell's takes reasonable steps to preserve the security of personal information both online and off-line.

While we use firewalls and access controls to protect information online, we also protect user information off-line. All of our users' information is restricted in our offices. Only employees who need access to the information to perform a specific job are granted access to personally identifiable information. No data transmission over the Internet can be guaranteed as totally secure. Mitchell's strives to protect such information, however we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

Links to Other websites

The Mitchell's website may contain links to other websites. Please be aware that Mitchell's is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy policies of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by Mitchell's.

Software/Virus

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

Mitchell's shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Mitchell's recommends that you install appropriate anti-virus or other protective software.

Website & All Materials Provided As-Is

The Mitchell's website and the materials are provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Mitchell's does not represent or warrant that this website or the materials will meet your requirements or that their use will be uninterrupted or error free.

Limitation of Liability

You assume all responsibility and risk for use of this website and the materials including without limitation any of the information contained therein.

In no event shall Mitchell's or any of its Directors, Officers, Employees, Shareholders, Partners, or Agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to, or exploitation of this website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

In any event, the total maximum aggregate liability under these terms of use or the use or exploitation of any or all part of this website or the materials in any manner whatsoever shall be directly related to the dollar amount of the materials you are exploiting.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify and hold Mitchell's harmless against all claims or liability asserted against Mitchell's arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Email

Feel free to email Mitchell's at esales@mitchells.net.au. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Mitchell's is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:

• Mitchell's has no obligation concerning such information;
• the information is non-confidential;
• Mitchell's may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation;

and the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This website is controlled, operated and administered by Mitchells in West Footscray, Victoria. This website can be accessed from all states and territories of Australia, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Victoria, Australia, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of the State of Victoria, Australia and the federal laws of Australia applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Victoria and acknowledge that you do so voluntarily.

General

Mitchells' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this website or these Terms of Use, please contact Mitchell's at esales@mitchells.net.au or via phone at (03) 9314 3666 (+613 9314 3666 if you are outside Australia).