General Terms of Use – perfectroom.com.au

[last updated April 2018]

PerfectRoom.com.au and associated social media profiles are made available by Summerset Developments Pty Ltd ABN: 57 612 322 308 Sydney, NSW, Australia.

“Reference to “PerfectRoom”, “us”, “our” or “we”, it means Summerset Developments Pty Ltd, and the words you”, “user” or “your” means you, the visitor to our website or social media pages we provide (collectively called referred to as our website).

By using our website you are agreeing to be automatically bound by these terms and conditions, including our privacy policy and membership terms and conditions. We encourage you to carefully read and understand these terms before using the website.  If you don’t agree, your remedy is to stop using our website

We may update our terms from time to time and the new provisions will apply from the end of the month in which they are updated, so we recommend that you re-visit these terms and conditions when you use our website.

Feedback, comments or complaints

If you have any questions or wish to notify us about anything in relation to these terms and conditions, please contact customerservice@perfect.faste.st

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate this website or underlying content

Links disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Testimonials and Feedback

We may send you an email or other electronic message asking for a review or testimonial about the services we have provided to you. When providing reviews or testimonials you agree to be accurate, factual and provide truthful information.

For any reviews, testimonials or other feedback received, we will cross reference that feedback with account holder details to verify that the person providing feedback has actually received the service. We reserve the right to remove or disregard feedback from anyone who we are unable to verify is or was an account holder.

When you provide feedback, at the same time you give us your irrevocable permission to publish that testimonial or review on our online services with your name, the service, the month and year. We reserve the right to edit reviews, provided that any editing does not change the meaning of the testimonial or review.

Promoted Services – disclaimer

If we promote third party products or services via our website it is because we have a commercial arrangement or agreement with that third party. We do not endorse or recommend any third party products or services. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

Copyright, Trademarks and other Intellectual Property

Perfect Room owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

Please contact customerservice@perfect.faste.st if you require permission to reproduce any of the contents of this website.

Images and item descriptions posted on our social media pages by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

Any companies, organizations, products, people or events that may be included in renders produced by PerfectRoom do not represent any association with any real company, organization, product, person, or event and no association or endorsement is intended or should be inferred.

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. Images posted on social media platforms may be shared within that platform in accordance with the terms and conditions applicable to that platform, and not otherwise. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to our website or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.

By submitting your content to our website you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

Copyright infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please contact customerservice@perfect.faste.st with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

Image boards showing original photographs and PerfectRoom renders are provided for inspiration only. We make no representation that the original room pictured will actually be able to be redecorated in the way presented. The assistance of skilled design and tradespeople is required for most people to complete any redecorating project. We do not provide those services.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or our services.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • any claim arising from images you upload or post on our social media pages;
  • any claims made for breach of intellectual property rights in respect of content you make available via our online services;
  • your use of PerfectRoom renders in any way
  • your unauthorised use of our website;
  • your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of New South Wales, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to contact customerservice@perfect.faste.st. We may provide notice to you via email or other electronic means.

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of this agreement or your use of this website.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our privacy policy form the entire agreement between you and us in respect of your use of this website.