- TERMS & CONDITIONS
TERMS & CONDITIONS
License to use website
Unless otherwise stated, Real Estate Flags and Banners (Petejode Pty Ltd) own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Real Estate Flags and Banners express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Real Estate Flags and Banners express written consent.
Access to certain areas of this website is restricted. Real Estate Flags and Banners reserves the right to restrict access to other areas of this website, or indeed this entire website, at Name Tags & Badges discretion. If Real Estate Flags and Banners provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Real Estate Flags and Banners may disable your user ID and password in Name Tags & Badges sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Real Estate Flags and Banners a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Real Estate Flags and Banners the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Real Estate Flags and Banners or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Real Estate Flags and Banners reserves the right to edit or remove any material submitted to this website, or stored on Real Estate Flags and Banners servers, or hosted or published upon this website. Notwithstanding Real Estate Flags and Banners rights under these terms and conditions in relation to user content, Real Estate Flags and Banners does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Real Estate Flags and Banners makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Real Estate Flags and Banners does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Real Estate Flags and Banners will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Real Estate Flags and Banners has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Real Estate Flags and Banners liability in respect of any:
- death or personal injury caused by Real Estate Flags and Banners negligence;
- fraud or fraudulent misrepresentation on the part of Real Estate Flags and Banners; or
- Matter which it would be illegal or unlawful for Real Estate Flags and Banners to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Real Estate Flags and Banners has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Real Estate Flags and Banners officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Real Estate Flags and Banners officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Real Estate Flags and Banners.
Final Proofs of Artwork
Final proofs of artwork will be sent to the client by email for approval prior to commencement of the printing project.
When the client replies to our proof approval email requesting a confirmation of artwork (or any such terms that are similiar in wording or have the same meaning) reply, the client is assumed by Real Estate Flags and Banners to have reviewed all aspects of the material presented and to be satisfied with it and to have noted any exceptions and reply in writing with the specific modification required.
If Real Estate Flags and Banners has submitted to the client a proof of the artwork, then Real Estate Flags and Banners will not be responsible for any error in the designs which appeared in the final proof sent to the client by email and which was not corrected by the client prior to the printing projects completion.
Real Estate Flags and Banners will agree to supply 1 design and 2 revisions that are included in the cost of the printing project. Any designs requested after the 2 revisions will incur a graphic design fee which will be set by Real Estate Flags and Banners based on the hourly rate charges of specialist graphic designers employed by Real Estate Flags and Banners to undertake the task.
Payment of Invoice
At receiving your email reply to confirming the artwork and proceeding to production, or any such wording submitted by you to represent the same or similar meaning, we will put your order into the production queue to commence production in good faith, and you agree that full payment of the attached invoice will be made to Real Estate Flags and Banners by your company as soon as possible.
Postage and Handling
Real Estate Flags and Banners reserves the right to choose the most suitable 3rd Party carrier for shipping goods across Australia. This courier service is a 3rd Party company and in no way represents our company. Reasonable extended/delayed shipping times must be expected during busier times of the year including special occassions (i.e. Christmas, New Year, Easter) and any interim public holidays. Real Estate Flags and Banners shall not be liable for any delay (caused at any time of the year) in the delivery of your products. Once the order has been dispatched from the Real Estate Flags and Banners premises, then all risk to the products delivery time (either early or late) passes to you, (the client).
The postage and handling fee is NOT included in the price of any products sold on the website www.realestateflagsandbanners.com.au.
Delivery time is NOT included in production time and is added to this allocated time.
Our products are packaged carefully in our workshop using quality packaging materials and safety labels to prevent any damage during shipping and we take no responsibility for damaged goods which has occurred during the shipping process. All risk to the products and its delivery passes to you once the order has been dispatched from the Real Estate Flags and Banners premises. The customer has TWO (2) business days post receiving the goods to notify us of any missing product or damages to the purchased product that has occurred during the shipping process. Real Estate Flags and Banners will then notify the carrier, lodge an enquiry or attempt to seek some form of explanation or if necessary, compensation. If we are NOT notified about any missing goods or damage to the goods prior to the TWO (2) business days expiring, then the customer needs to lodge their own enquiry (using the tracking number on the shipping label) and seek their own explanation or compensation from the allocated carrier.
Real Estate Flags and Banners agrees to arrange delivery to your premises on the provision that:
a) The correct shipping address is provided to us at the time of ordering or prior to dispatch. If an incorrect shipping address is provided by you to us or the address is changed after the order has been produced and dispatched and the item is considered lost, then Real Estate Flags and Banners takes NO responsibility for its whereabouts following dispatch of the product from our office. Re-production and re-delivery of the missing items will be considered a new order and fees and/or extra charges for delivery will be the responsibility of the customer.
b) Real Estate Flags and Banners shall not be liable for any loss or damage of your product in transit. If you require us to arrange transit insurance on your behalf, to cover against any unforeseen loss or damage of your product in transit, then you must confirm it with Real Estate Flags and Banners in writing to email@example.com and make the appropriate payments for it at the time of placing the order.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Name Tags & Badges and undertake to keep Name Tags & Badges indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Name Tags & Badges to a third party in settlement of a claim or dispute on the advice of Name Tags & Badges legal advisers) incurred or suffered by Name Tags & Badges arising out of any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Real Estate Flags and Banners other rights under these terms and conditions, if you breach these terms and conditions in any way, Real Estate Flags and Banners may take such action as Real Estate Flags and Banners deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Real Estate Flags and Banners may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Real Estate Flags and Banners may transfer, sub-contract or otherwise deal with Real Estate Flags and Banners rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Real Estate Flags and Banners in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Austrlaia.
Real Estate Flags and Banners Company details:
The full name of Real Estate Flags and Banners is Petejode Pty Ltd as Trustee for the Lewis Family Trust Trading as Flags and Banners.
Real Estate Flags and Banners is registered in Toowoomba Queensland Australia under registration number ABN 50 271 586 003
Real Estate Flags and Banners registered address is Wiemers Crescent, Centenary Heights QLD, AUSTRALIA 4350
You can contact Real Estate Flags and Banners by email to firstname.lastname@example.org