Website - www.restandrecreationinteriors.com.au
1. Terms and Conditions of Use
1.1 In these Terms and Conditions of Use, “R&R INTERIOR STYLING AND DECORATING”, “R&R, “we”, “us” and “our” means R&R Interior Styling and Decorating (ABN 45981797366).
1.2 Please read these Terms and Conditions of Use carefully as they apply to your use of this website located at www.restandrecreationinteriors.com.au (“Site”), including any content on it.
1.3 By accessing or using the Site you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please DO NOT use this Site or any information derived as a result of the use of this Site.
1.4 These Terms and Conditions of Use may be revised from time to time. Your continued use of the Site will represent an agreement by you to be bound by these Terms and Conditions of Use, as amended.
1.5 This Site provides information about the various products and services offered by R&R
1.6 The information appearing in this Site, except for when it is described as a contract term or disclaimer, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract, other than the agreement between us and you for the use of this Site.
2. The Parties
2.1 If you are a natural person, then these Terms and Conditions of Use constitute a legally binding agreement between you and R&R and govern your use of our Site.
2.2 If the user of our Site uses it in his or her capacity as a representative of a body corporate (e.g. a corporation), then it is a condition of the user continuing to use our Site that the user warrants that he or she has authority to accept these Terms and Conditions of Use on behalf of that body corporate, and these Terms and Conditions of Use specify the Terms and Conditions a legally binding agreement between that body corporate (and “you” in these Terms and Conditions of Use means that body corporate and us.
3. Definitions
In these Terms and Conditions of Use, the following terms have the meaning given below.
3.1 Consequential Loss means any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to or corruption of data, loss of goodwill or loss of reputation whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.
3.2 Content means any results, data or meta data, including any property information, property attribute data, ownership information, photographs, valuation, market share analyses, index results, alerts, or reports, which are either contained within, provided through, derived from, captured by, entered into or generated by the Site and any Platforms or as otherwise provided in the usual course of business by R&R.
3.3 Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trade marks, copyright, source-code, databases, Content, circuit layouts, designs, patents, inventions and discoveries, trade secrets, and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.
3.4 Loss means all liabilities, losses, damages, outgoings, costs and expenses (including legal costs);
3.5 Platform means any web-based platform or software provided by R&R to deliver, enable or provide its customers access to its Services, and includes the Site.
3.6 Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth).
3.7 Service or Services means the products, services, Platforms and Content which may be:
a. promoted by R&R on this Site;
b. licensed or supplied to you by R&R on or through this Site; or
c. accessed by you on or through the Site.
4. Accuracy of Content
4.1 While effort has been made to show as accurately as possible the colours, sizes, shapes, textures of and displayed in the Content, (e.g. artwork, colour palettes, photography, etc) that appears on the Site, R&R cannot guarantee that the device used to view the Content will display the colours, sizes, shapes and textures of and displayed in the Content accurately.
5. Withdrawal of Product and Services from the Site
5.1 The information relating to R&R and its Services on this Site is correct at the time of publication. However, the Services described in this Site can be withdrawn or varied at any time without notice.
6. General Restrictions
6.1 You must only use this Site:
a. to access the Services; and
b. to obtain any other information relating to any of R&R’s products or services for a bona fide purpose.
6.2 You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
6.3 You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the express written permission of R&R.
6.4 In using the Site, you must not:
a. provide us with inaccurate or incomplete information;
b. violate any applicable laws, or use the Site for any purpose that is unlawful;
c. use the email functionality of the Website to send unwanted emails or spam;
d. distribute viruses, spy-ware, corrupted files, or any other similar software or (e) programs that may damage the operation of any computer hardware or software;
e. collect or store personal data about other users of the Site, excluding information relating to the recipients of your Proposals; or
f. engage in any other conduct that inhibits any other person from using or enjoying the Site.
6.5 You agree that any use of this Site, except for the purposes described in paragraph 6.1, is prohibited.
7. Limitation of Liability
7.1 You agree to indemnify R&R in respect of any liability, claims, damage or expenses incurred by R&R for any Loss (including negligence) howsoever caused, suffered by you arising from and related to your use of the Site or reliance on information or content contained on or accessed through this Site.
7.2 In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall R&R be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction
7.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded and R&R hereby expressly disclaims all warranties:
a. that the Site or the Content will meet your requirements;
b. that the Site or the Content are fit for your purpose or are otherwise suitable for your use;
c. that the Site will be compatible with, or suitable for use with, your software
d. that the Site or the Content, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;
e. that the statistical methods on which any of the Site or Content are based use appropriate or accurate assumptions;
f. that the performance of the Site will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by R&R’s third-party suppliers
g. that the Site will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.
7.4 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded and R&R hereby expressly disclaims all warranties.
8. Third Party Sites
8.1 As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by R&R. However, even if such third parties are affiliated with R&R, R&R has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of R&R.
8.2 R&R is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.
9. Security
9.1 No data transmission over the internet can be guaranteed to be totally secure but we endeavour to use our reasonable efforts to protect the personal information of our users. We use a variety of physical and electronic security measures, including restricting physical access to our offices and firewalls and secure databases, to keep personal information secure from misuse, loss or unauthorised use or disclosure.
9.2 We are committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth). Please refer to our Privacy Policy https://restandrecreationinteriors.com.au/privacy-policyfor details on how we collect, use, and disclose personal information, and your rights in relation to your personal information. By using this Site and our Services, you consent to the collection and use of your personal information in accordance with our Privacy Policy.
9.3 R&R will not be responsible for any unauthorised access to that information. If you are not comfortable sending any information over the Internet, please contact R&R to discuss alternative methods for providing any information. Any personal information you give us or is stored on the Site will be dealt with in accordance with our privacy policy.
10. Copyright Notice
10.1 Except where otherwise stated, R&R owns all rights, title and interest, or have licence rights, in all intellectual property rights in the materials contained in or published on this Site and the Services accessible through it.
10.2 Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of R&R.
11. Trademarks & Logos
11.1 The trademarks, service marks and logos (Trade Marks) used in this Site are registered or unregistered Trade Marks of R&R or any related parties.
11.2 No Trade Mark may be copied, reproduced, adapted or transmitted in any form or process without the owner’s consent.
12. GENERAL
12.1 The agreement created under these Terms and Conditions of Use constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
12.2 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
12.3 We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our Site.
12.4 If a provision of these Terms and Conditions of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Site Terms and Conditions of Use. All other provisions of these Terms and Conditions of Use remain in full force and effect.
12.5 These Terms and Conditions of Use are governed by the law applicable in New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.