Concepts360 Pty Ltd ABN 63 100 622 697 ("Concepts360")
requires you to acknowledge that you have read and agree to the
following terms and conditions before you may access or view this
website. By visiting the website or by placing an order for the
services of Concepts360, you shall be deemed to
have accepted the terms of this Agreement. This Agreement is subject
to change at any time and is immediately effective upon posting
on this website. Concepts360 recommends you bookmark
this page and check it frequently to ensure you are up to date with
any amendments or changes to these Terms and Conditions of Use.
1. Restricted use
You may not display, rent, sell, distribute, loan or cause for
the display, rent, sale, distribution or loan of any matter displayed
on this website or your access entitlements to it without the
express written consent of Concepts360.
2. Intellectual Property
Concepts360 owns and retains all proprietary
rights in this website and the services that it provides. Except
for information which is contained in the public domain or for
which you have been given the express written consent of Concepts360,
you may not copy, modify, publish, transmit, distribute, perform,
display or sell any other proprietary information.
Concepts360 reserves the right to publish a
copyright notice, disclaimer and/or URL link on all or any of
its products.
3. Website Content and Corrections
Whilst Concepts360 takes every care with advertisements
and placement of photographs and Virtual Tour content, Concepts360
cannot be held responsible for errors in the posting of such material
or their effect. The positioning of advertisements and photographs
cannot be guaranteed. Concepts360 reserves the
right to alter, abbreviate or omit advertisements for any reasons.
Concepts360, including its officers, directors,
agents, subsidiaries and employees are not responsible for any
incorrect or inaccurate content posted on the website or in connection
with the services provided by Concepts360 through
its website, whether caused by Concepts360, or
by any of the equipment or programming software associated with
or utilized in the provision of the services by Concepts360.
Whilst Concepts360 will take all reasonable
steps to deliver the order, Concepts360's liability
for any loss or damage incurred by you as a result of the order
not being fulfilled shall be limited to the cost of the specific
individual product or service. The client agrees to inspect the
Virtual tour's, services and or products relevant to their order
and notify Concepts360 of any defects within
two (2) working days of the creation of the Virtual Tour's and/or
products and services, failing which Concepts360
will have no liability for any defects. Concepts360
shall be allowed three (3) working days to remedy the defect or
problem upon notification of the defect by the client.
4. Viewing the Virtual Tours
The Virtual Tour is most effective on computers equipped with
a minmum of a Pentium III processor and 128 Mb RAM. The Browsing
function is best viewed using Netscape 6.0 or Internet Explorer
5.0. To view the Virtual tours Java Virtual Machine must be installed
on the computer; http://www.java.com/en/download/download_the_latest.jsp.
It is recommended that
5. Online Ordering and Services
This website provides an online ordering service, giving you
the opportunity to book for the photography services of Concepts360.
Orders can be made by the client directly or through a duly authorised
agent. In making an order for a client, the agent declares that
it has the authority of the client to make such an order and that
should the client not accept the order or has revoked the agent's
authority prior to the agent making the order, then the agent
will be liable for the invoiced amount as if it were the agent
who made the order in its own personal capacity.
All online orders are required to be accompanied by an acknowledgment
that the person for whom the photography is to be performed is
the registered owner of the site/premises for photography or alternatively,
has the express written consent of the owner for Concepts360
to enter upon the site/premises for the purposes of Concepts360
fulfilling the order.
Upon receipt of an order, Concepts360 will confirm
the booking details with the client (or agent if appropriate).
All prices published on this website are quoted in Australian
Dollars and unless noted otherwise, include any applicable Goods
and Service Tax.
Once a booking has been made, it may only be cancelled by the
person making the order in writing, by either email, fax or short
message service direct to Concepts360. If the
cancellation is received by Concepts360 less
than three (3) hours prior to the booked time for photography,
Concepts360 reserves the right to impose a late
cancellation fee of $66.00.
Each photography package includes the compilation of a Virtual
Tour program. In addition to providing the client with the program,
Concepts360 will display the Virtual Tour on
this website for three (3) months following the completion of
photography. Concepts360 will retain the Virtual
Tour on the website for a further three (3) months upon the request
of the client and the payment of a $66.00 fee.
6. Payment
Unless otherwise agreed, all services provided by Concepts360
will be invoiced and shall be payable prior to the commencement
of photography. Concepts360 may agree to accept
payment upon fulfilment of the order by way of company cheque,
cash or direct deposit. Concepts360 retains ownership
of all its products and services delivered until full payment
has been received.
Upon application to Concepts360, certain persons
may be approved to become account clients. Such clients are invoiced
on a strict seven (7) day trading term. Should payment not be
received within the trading term, in addition to any legal rights,
Concepts360 will take the following action:-
Failure to pay 7 days after trading term - no further orders
will be accepted
Failure to pay 14 days after trading term - access to system will
be prevented
Failure to pay 21 days after trading term - all site displays
and Virtual tours deactivated
Failure to pay 30 days after trading terms - information to be
removed from server
In all instances, late payment attracts an administration charge
equal to 5% of the invoiced amount. All account clients of Concepts360
will receive monthly statements. If the Virtual tour is deleted
due to late payment, the Virtual tour maybe re-connected for a
further 12months of hosting and a re-connection fee of $66.00
For further terms and conditions relating to payment please refer
to the invoice.
7. Privacy
Please see the website's Privacy Policy .
8. Faults
Concepts360 assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction
or unauthorised access to, or alteration of any communications
between Concepts360 and you or damage or destruction
to computer software or hardware. Concepts360
is not responsible for any problems or technical malfunction of
any telephone network lines, computer on line systems, servers
or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion
on the internet or at any website or combination thereof, including
injury, loss or damage to individual users or to any other persons
computer related to or resulting from participating or downloading
materials in connection with this website and/or in connection
with the services provided by Concepts360. Under
no circumstances will Concepts360 be responsible
for any loss or damage resulting from anyone's use of the website
or the services provided by the Concepts360.
By acknowledging that you have read this Agreement, you assume
any responsibility and liability for transmitting data or materials
and all content of such data and materials at your own risk to
and from this website, by any known or unknown telecommunications
method including but not limited to, local or national telecommunications
lines, telephone service or data lines belonging to any entity
or natural person, in any region, State or Country, geo-stationary
satellites, cellular or digital, or any other methods of service
applicable thereto and thereof.
9. Virtual Tour Packages with Still Image Content and
Corrections
Whilst Concepts360 provides Still Photographs
with the Virtual tour packages, the Still Images are taken with
Concepts360's discretion and shall not be re-photographed.
The Still Images are an additional bonus service provided with
the Virtual tour and Concepts360 assumes no responsibility
for error, defect, or technical fault. If the client or agent
wishes the Still Images to be re-photographed an additional fee
of $149.00 will be charged for the service. Concepts360
retains all copyright ownership of Virtual tour panorama and Still
images. For Copyright details please refer to this link: http://plone.copyright.org.au/pdf/acc/InfoSheets/G011.pdf
10. Limitation on Liability
Except in jurisdictions where such provisions are restricted
(and in that event liability is disclaimed in the fullest extent
permitted by law), in no event will Concepts360
be liable to an client or any third person for any damage, including
loss of profits arising from that person's use of this website
even if Concepts360 or its agent have been advised
of the possibility of such damages. Concepts360
does not make any warranty, promise or guarantee, whether express
or implied, as to the suitability of the content of any material
displayed on the website for any purpose whenever permitted at
law.
11. Jurisdiction
This Agreement is to be construed in accordance with the laws
of Queensland and in accepting to be bound by this Agreement you
hereby submit to the exclusive jurisdiction of the Supreme Court
of Queensland, Australia.
12. Indemnity
You agree to indemnify and hold Concepts360,
including its agents and employees, harmless from any loss, liability,
claim, or demand including reasonable legal costs made by any
third party due to or arising out of your use of the services
provided by the website author or administrator in violation of
this Agreement and/or arising from a breach of this Agreement
or any breach of your representations and warranties set forth
above
13. Severance
If any provision of this Disclaimer is void or voidable or unenforceable
but would not be void or voidable or unenforceable if it were
read down and is capable of being read down, it shall be read
down accordingly. If a provision of this Disclaimer is void or
voidable or unenforceable despite being read down, the whole provision
is severed, and the remainder of this Disclaimer has full force
and effect.
14. Variation of this Agreement
This Agreement may be subject to further limitations, restrictions
or provisions, as deemed necessary and appropriate from time to
time and that such Agreement shall constitute and serve as the
entire Agreement between Concepts360 and me.
15. Complaints
To resolve a complaint or dispute with Concepts360
concerning this website, you are required to contact Concepts360
by clicking on the "Contact Us" button or via email
at the address provided.
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