Terms and Conditions

You should carefully read the following Terms and Conditions (also referred to as the “Terms of Use”, “Terms of Service” or “TOS”). Your use of our service(s) implies that you have read and accepted these Terms and Conditions. The Website (all [Painter.com.au.com.au] websites may hereafter be referred to, both individually and collectively, as “The Website”) from which you accessed this agreement is provided to you subject to the conditions listed below. These terms are in addition to any other terms that individual Website owners within the [website-name] may include for governing access to their Websites.

SITE AGREEMENT

The painter.com.au web site (the “site”) is an online information service subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site.

Painter.com.au and Wildfire Websites Pty Ltd may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

1. MEMBERSHIP

Membership to Painter.com.au is free and ongoing until members cancel membership by opting out through email or by contacting painter.com.au via email or phone.

2. MEMBERSHIP PRODUCTS AND SERVICES

During the course of the painter.com.au, a member can expect to receive various products and services at a cost.

3. PAYMENT

All purchases within the painter.com.au membership will automatically be debited from the credit card nominated by the Member. This process is initiated on a secure server with SSL authentication and then processed via a certified payment-processing partner, e-way.

4. TERM

4.1 Membership commences upon acceptance of these Painter.com.au Membership Terms and continues until terminated in accordance with clause 4.2 or 4.3.

4.2 Painter.com.au and Wildfire Websites Pty Ltd or the Member may terminate Membership by 1 months written notice to the other.

4.3 Painter.com.au and Wildfire Websites Pty Ltd may (without prejudice to its other rights) terminate Membership with immediate effect by written notice to the Member if the Member is in breach of a term of the Painter.com.au Membership Terms and in that event the Member will not be entitled to a refund of any fees paid.

5. USE OF THE SITE

You understand that, except for information, products or services clearly identified as being supplied by Painter.com.au, Painter.com.au does not operate, control or endorse any information, products or services on the Internet in any way. Except for Painter.com.au – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Painter.com.au. You also understand that Painter.com.au and Wildfire Websites Pty Ltd cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the site and the internet. Painter.com.au and Wildfire Websites Pty Ltd provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and painter.com.au and Wildfire Websites Pty Ltd shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Painter.com.au and Wildfire Websites Ltd Pty does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

Limitation of liability

In no event will Painter.com.au and Wildfire Websites Pty Ltd be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Painter.com.au, Wildfire Websites Pty Ltd or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Painter.com.au and Wildfire Websites Pty Ltd liability is limited to the greatest extent permitted by law.

Painter.com.au and Wildfire Websites Pty Ltd makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Painter.com.au and Wildfire Websites Pty Ltd web site, please understand that it is independent from Painter.com.au, and that Painter.com.au and Wildfire Websites Pty Ltd has no control over the content on that web site. In addition, a link to a Painter.com.au web site does not mean that Painter.com.au and Wildfire Websites Pty Ltd endorses or accepts any responsibility for the content, or the use, of such web site.

6. ACCOUNT AND PASSWORD

The Member is responsible for maintaining the confidentiality of its account and password and for restricting access to its computer. The Member is responsible for all activities that occur under its account and password.

7. CONFIDENTIALITY OF INFORMATION

7.1            The Member must keep the Confidential Information confidential. The Member must not disclose Confidential Information to third parties unless:

7.1.2        First authorised in writing by Painter.com.au and Wildfire Websites Pty Ltd; or

7.1.3        It is required to be disclosed by law.

7.1.4       The Member upon the written request of Painter.com.au and Wildfire Websites Pty Ltd at the Member’s own expense must immediately deliver to Painter.com.au and Wildfire Websites Pty Ltd all records and materials (and copies of those records and materials) containing or embodying the Confidential Information that are in the possession of the Member, its employees and any person to whom the Member has disclosed all or any of the Confidential Information (whether or not with the consent of Painter.com.au).

8. PRIVACY

The Member acknowledges that it has read and accepted Painter.com.au privacy policy, which can be found at www.Painter.com.au.com.au/privacy/

9. INDEMNITY

You agree to indemnify, defend and hold harmless Painter.com.au and Wildfire Websites Pty Ltd, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

10. GST

All money payable by the Member to Painter.com.au and Wildfire Websites Pty Ltd is exclusive of GST unless expressly stated otherwise. Liability for GST (payable in respect of any taxable supply) is additional. It is payable by the Member to Painter.com.au and Wildfire Websites Pty Ltd at the same time as the relevant money is payable.

11. NO PARTNERSHIP

The Painter.com.au Membership Terms do not constitute and neither the Member nor Painter.com.au and Wildfire Websites Pty Ltd represents that they are a joint venturer, partner, agent, employee, franchisee, shareholder or fiduciary of the other.

12. SEVERANCE OF TERMS

If a clause of the Painter.com.au and Wildfire Websites Pty Ltd Membership Terms is held or deemed invalid or unenforceable then that clause or part of it is deemed deleted from this agreement and the agreement otherwise remains in full force and effect.

13. WHOLE AGREEMENT

The Painter.com.au and Wildfire Websites Pty Ltd Membership Terms constitute the whole agreement between the Member and Painter.com.au and Wildfire Websites Pty Ltd to the exclusion of other agreements, representations or warranties.

14. MISCELLANEOUS

This Agreement shall all be governed and construed in accordance with the laws of The Viewers Country of Residence applicable to agreements made and to be performed in The Viewers Country of Residence. You agree that any legal action or proceeding between Painter.com.au and Wildfire Websites Pty Ltd and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The Viewers Country of Residence. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Painter.com.au and Wildfire Websites Pty Ltd failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Painter.com.au and Wildfire Websites Pty Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

15. DEFINITIONS

15.1         The following words have the following meanings in these Painter.com.au Membership Terms:

15.1.1     Confidential Information means the secrets, ideas, know how, concepts, drawings, plans, specifications and information whether in writing or otherwise relating to Painter.com.au and and Wildfire Websites Pty Ltd and all other information relating to Painter.com.au and Wildfire Websites Pty Ltd it’s affairs or businesses, sales, marketing or promotional information, which is not in the public domain;

15.1.2     GST means goods and services tax;

15.1.3     Member means a person that meets Painter.com.au requirements from time to time to be a member (as determined by Painter.com.au and Wildfire Websites Pty Ltd at its absolute discretion);

Contact and Business Information

http://www.Painter.com.au/
Wildfire Websites Pty Ltd
ABN: 73 146 365 031
5 Glengregory St.
Fairfield Qld. 4103
Support@Painter.com.au
1300 772 468