DISCLAIMER

  1. Acceptance of our Terms

By visiting the website paintplace.com.au, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to paintplace.com.au, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of paintplace.com.au. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and paintplace.com.au and that your use of paintplace.com.au shall indicate your conclusive acceptance of this agreement.

2. Proprietary Rights

You acknowledge and agree that paintplace.com.au may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. paintplace.com.au authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

3. Submitted Content

When you submit content to paintplace.com.au you simultaneously grant paintplace.com.au an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to paintplace.com.au.

4. Termination of Agreement

The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.

5. Disclaimer of Warranties

You understand and agree that your use of paintplace.com.au is entirely at your own risk and that our services are provided “As Is” and “As Available”. paintplace.com.au does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the paintplace.com.au website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

6. Limitation of Liability

You understand and agree that paintplace.com.au and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not paintplace.com.au has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of paintplace.com.au is limited to the greatest extent permitted by law.

7. External Content

paintplace.com.au may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that paintplace.com.au is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

8. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Paint Place to resolve any legal matter arising from this agreement or related to your use of paintplace.com.au. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

9. Entire Agreement

You understand and agree that the above Terms constitute the entire general agreement between you and Paint Place. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

10. Changes to the Terms

Paint Place reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of paintplace.com.au after any changes to Terms will signify your agreement to be bound by them.

Find a Painter Disclaimer and Indemnity

Paint Place uses its best endeavours to provide valuable and accurate information to customers when utilising the Find a Painter referral service. Paint Place does not endorse or guarantee any work performed by any painters participating in the Find a Painter program. Any agreement entered into between a customer and a referred painter is a matter strictly between those two parties and Paint Place is not a party to any such arrangement. The customer agrees to indemnify Paint Place in respect of any such arrangement or agreement entered into between the customer and any referred painter.

Customers should satisfy themselves and Paint Place makes no warranty as to the competence, solvency, insurances, workmanship and licensing of anybody the customer decides to retain as a result of a connection made through Paint Place’s services, including the Find a Painter service. Under no circumstances shall Paint Place be liable for any damages, claims, allegations, debts, cause of action, liability, proceedings, suits or demands of any nature, whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise as a result of losses caused to you by a person or entity that you retain as a consequence of using Paint Place’s directory or services. Paint Place recommends that a consumer checks that a proposed painter has the necessary credentials to work in the Australian state in which the services are to be carried out.

Click here to download the Find a Painter Deed of Indemnity