Getapainter Terms and Conditions - Customer Agreement
BETWEEN: DIFM Decorating Pty Ltd ACN 116890370 trading as Getapainter ("Getapainter") and a person or persons ("Customer") that use the Getapainter System and/or the web site.
By using the Getapainter system and/or web site you, the Customer agrees to be bound by the terms of this Agreement with Getapainter.
1. Customer Eligibility
- 1.1 Customers acknowledge and agree that the Getapainter system is only to be used by persons aged 18 years old and over. Customers represent and warrant that he/she is 18 years old or over.
2. Getapainter's Role
- 2.1 The Getapainter system operates to match customers seeking to have residential or commercial painting works done with professional painters ("Painters"). Getapainter is a stand alone 3rd party who facilitates the matching of Customers with Painters. Customers acknowledge and agree that Getapainter is not directly involved in any transactions between Customers and Painters.
3. Customer Warranties
- 3.1 Customers agree that without limitation they will:
- (a) not use the Site by posting to the Site information encouraging conduct that would constitute illegal purposes or criminal offences;
- (b) not, copy, or modify anything on the Site without Getapainter's prior written consent;
- (c) not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) and in particular in any service which is in competition with Getapainter;
- (d) not post to the Site material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
- (e) not take any action that imposes an unreasonable or disproportionately large load on Getapainter's systems infrastructure;
- (f) not damage modifies, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Getapainter or do anything that compromises the security of the Site;
- (g) not use the Site to engage in misleading or deceptive on-line marketing practices;
- (h) not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email; or
- (i) provide Getapainter with complete and accurate contact details when using the System enabling Painters to contact the Customer.
4. Getapainter's Reservation of Rights
- 4.1 Getapainter reserves the right to:
- (a) modify or discontinue any services Getapainter offers at any time without notice or liability to Customers.
5. Intellectual Property
- 5.1 All intellectual property rights in information, data and materials used or appearing on the Getapainter site including (without limitation) all software, tools, know-how, equipment or processes, trademarks, logos and other materials shall remain the sole and exclusive property of Getapainter or its licensors. Customers acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Getapainter's intellectual property rights.
- 5.2 To the extent that Customer submits any information or material to Getapainter relating to a Job Request the, Customer automatically grants Getapainter a license to use the information or material for the purpose for which it is provided.
6. Disclaimer and Acknowledgments
- 6.1 Getapainter provides the Painters details on an 'as is' basis and without any warranty, express, implied or statutory as to the quality, efficacy, reliability or other attribute or characteristic of any of the Painters and their employees or subcontractors
- 6.2 To the fullest extent legally possible, Getapainter excludes any representation or warranty concerning the Getapainter system, the web site or any third party Site referred to or connected via the Site.
- 6.3 Without limitation the, Customer acknowledges that:
- (a) Getapainter does not check the truth or currency of all the material or information that Painters provide or make available to it nor can it check all details of persons employed by or who subcontract to the Painter;
- (b) Getapainter does not control, endorse, approve or warrant to the Customer the merchantability or fitness for any particular purpose of any of the painting services or goods used by the Painters referred to the Customer by the Getapainter system;
- (c) Customer should satisfy itself through its own enquiries as to the condition or suitability of any services and/or goods supplied, offered by or recommended by or on behalf of a Painter.
- (d) Getapainter does not offer professional advice on the fitness of any goods, services or information supplied by any third parties including Painters and their employees or sub contractors;
- (e) Getapainter is not a party to any transactions between the Customer and the Painters and the Customer (and not Getapainter) is responsible for paying Painters for all work carried out by the Painter;
- (f) The Customer is responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
- (g) Getapainter does not warrant to the Customer that the Site or any information, links to 3rd party websites or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
- (h) the Site may experience interruptions and access difficulties from time to time and that Getapainter will not be responsible for such interruptions or access difficulties; and
- (i) Getapainter shall not be liable for any loss or damage whether directly or indirectly incurred by Customer or any third person as a result of any failure or delay in Getapainter doing any thing, including, but not limited to transmitting any information to Customer or removing any information from the Site or any Painters from the System.
- (j) The Customer when requested must provide a valid username and password to access the Getapainter system and the customer agrees to keep these details confidential and not transfer username or password. If the customer becomes aware of the use of the username and password by a 3rd party they will notify Getapainter.
7. Limitation of Liability
- 7.1 To the extent permitted by law Getapainter excludes all liability to the Customer or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:
- (a) removal or termination of Customer's access to the System and Site; or
- (b) use of the Web Site or the GetapainterSystem or information on or provided through the Site or the System or any information or advice otherwise provided by Getapainter or Painters, even if Getapainter has been advised of the possibility of such loss or damage.
- 8.1 Customers indemnify and holds Getapainter and its, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by a Customer or Painters arising out of or in any way related to Customers' use of the Site or its breach of this Agreement, or Customer's violation of any law or the rights of a third party.
- 9.1 Without limiting other remedies available to Getapainter at law, in equity or under this Agreement, Getapainter may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Customer's access to the System and refuse to provide services to Customer if:
- (b) Getapainter is unable to verify or authenticate any information the Customer provides to it; or
- (c) Getapainter believes that Customer's actions may cause damage and/or legal liability for Getapainter, Painter or other Customers.
- 10.1 This Agreement is effective until terminated by Getapainter, and Getapainter may terminate it at any time without prior notice.
11. No Agency
- 11.1 Customer acknowledges and agrees that Getapainter is not the Customer's agent and that the Customer is free to accept or reject its appointment of Painters at its sole discretion.
12. Circumstances beyond Getapainter's control
- 12.1 Getapainter will not be liable for any failure or delay in the performance of its obligations to the Customer if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic , communications or third party supplier failure.
13. Use of Material on Site
- 13.1 Customers agree that information contained on this Site is for personal use only and may not be sold, used or redistributed for any other purpose.
- 13.2 Customers may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with Getapainter's prior written consent.
- 14.1 Interpretation
- (a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- (b) Customer agrees that this Agreement may not be construed adversely against Getapainter solely because Getapainter prepared it.
- (c) The singular includes the plural and vice-versa.
- (d) A reference to a person includes any corporation or body corporate.
In this Agreement the following terms have the following meanings:
- JLR" means the provision of goods and/or services by a Painter to a Customer that arises out of a Job Lead Referal
- "Job Lead Referal " means a request made by the Customer using the Site seeking offers for the provision of services from Painters.
- "Painter" means any person or entity that is or may potentially be matched to a Customer JLR and who has been approved by Getapainter to be a member.
- "Painter Services" means the goods and/or services that Painter offers and/or provides to Customers.
- "Web Site" means the website operated by Getapainter at www.getapainter.com.au.
- "Getapainter System" means the system operated by Getapainter as described in this Agreement, and as developed by Getapainter from time to time
16.1 This Agreement shall be governed in all respects by the laws of the State of Victoria, Australia. The Customer irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and to the Federal Court of Australia sitting in Victoria.
17.1 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.
18. No Waiver