1.1 These Services are owned by Little Hinges (ABN 21 640 162 241). Please note, in these terms any reference to “our”, “us” and “we” also refers to “Little Hinges”.
1.2 The delivery of this Service will be provided to you by Little Hinges
1.4 We may revise these terms from time to time by updating the website. You should review these terms periodically so that you are updated on any changes. Any variation or change will be effective immediately. Any material revisions of the terms which will have a material and detrimental impact on your rights and obligations will be notified to you by a posting on the Services or the website, via email or any other means. If you continue to use any of the Services or the website, you will be deemed to have accepted the updated terms.
2. THE BOOKING
2.1 This agreement takes into effect from when:
(a) You submit an online booking form via our website or mobile application; or
(b) We take a booking via phone call to our customer service team and submit a booking on your behalf.
2.2 By submitting an online booking form to us or calling to make a phone booking, you represent and warrant to us that you:
(a) Have the authority to accept these terms, including the instances where you are making the booking for a third-party; and
(b) Will only provide information to us that is true, current and complete; and
(c) Will maintain and promptly update us if any of the booking information to us changes;
As a result of this clause 2.2., you accept that we are not responsible for any error made or failure to deliver the Services as a result of your booking information being inaccurate and as a result, all fees will remain applicable.
3.1 We will attend to the property (or properties) specified and undertake work which will result in the creation of a 3D virtual tour, and if requested, other Content.
3.2 Your 3D virtual tour will be made accessible by a shareable link online and remain available for access for 90 calendar days after the job completion date. After 90 calendar days, your 3D virtual tour will be archived. Please see clause 4.4 for Reactivation Fee(s).
3.3 You are responsible for the provision of any personal information in connection with these Services. You must only provide us with information in accordance with clause 6.
4. PAYMENT FOR THE SERVICES
You will be charged per our Fee Schedule.
4.1 Any additional fee(s) for additional Content will be advised to you in writing.
4.2 A hosting fee of six months is included in the initial scanning price and the virtual tour can remain active after this period by paying a service fee of $10 per month, purchased in six or twelve month blocks.
4.3 We will provide you with an invoice for payment of any fees set out in this clause 4. Payment must be made in accordance to the terms set out on the invoice particulars.
4.4 If your 3D virtual tour has been archived, you can elect for it to be re-activated, subject to payment of the following:
(a) $50, plus GST (the Reactivation Fee) This Reactivation Fee is applicable per 3D virtual tour; and
(b) $10, plus GST (the Service Fee). This Service Fee is payable each month for the duration of the reactivation term.
4.5 Cancellation fees apply as follows:
(a) If you cancel more than 48 prior to the booking a full refund is available.
(b) If you cancel within 48 hours of the booking, you will incur a 100% cancellation fee
(c) If Little Hinges is unable to carry out the confirmed Services in accordance with the booking for any of the following reasons,
I. Little Hinges is unable to gain access to the property within the first 15 minutes of the booking;
II. There is no power connected to the property and there is insufficient interior lighting;
III. The subject property is unfit for scanning due to clutter or rubbish;
IV. The owner of the property has not provided their permission and refuses the 3D virtual scan (please also note your obligation under clause 6); or
V. The subject property’s specifications are materially different to those reported on the booking, you will incur a 100% cancellation fee
4.5 Payment of any and all amounts referred to and due pursuant to the provisions of this agreement shall be made solely in Australian dollars.
5.1 In order to have access to and receive the benefit of the Services, you must (and are taken to) agree to:
(a) Consent to us creating and managing Content
(b) Consent to the recording and monitoring of all communications sent to you for the limited purpose of quality assurance and verification of details provided in relation to the Services; and
(c) Authorize and consent to receiving calls and electronic messaging from our representatives, including direct contact on Sundays.
(d) Consent to Little Hinges displaying your virtual tour for marketing purposes
5.2 We will use all reasonable efforts to provide you with Content within 24 hours of the booking. You agree that this is an estimated timeframe for delivery. We will notify you on the contact details provided on the booking if an extended delay may or will occur.
5.3 You agree to review the Content and notify us of any concerns or issues within two (2) business days from receipt of the relevant Content. If you do not notify us within two (2) business days, you are taken to have accepted the Content in its provided form.
5.4 We reserve the right, in our absolute discretion, to review and consider all bookings in order to maintain quality of the Services and may contact you by telephone or email to verify that your booking information is accurate and correct before providing you with the Services.
5.5 We also reserve the right to cancel your booking, at our sole discretion and without notice including but not limited to the following reasons:
(a) Breach of any of these terms;
(b) Breach of any law by you or any one you are authorized to represent
(c) Where we conclude that providing you with the Services impacts (or may, in our view, impact) Little Hinges reputation;
(d) Where we conclude that your conduct violates our rights or those of another party.
5.6 You accept we are under no obligation to provide continued access to the Services to you and that access to or use of our Services are non-exclusive.
5.7 You must not hold yourself out as having authority or, otherwise, as an agent, employee, officer franchisee, partner of Little Hinges at any time.
6 HANDLING OF PERSONAL INFORMATION
6.2 If you are making a booking on behalf of someone else (i.e. a third party), you must only do so with their prior informed consent. To the extent permitted by law, we will not be liable for any loss suffered or incurred as a result of your booking which is made on behalf of a third party. You are liable for and indemnify us against all loss suffered or incurred by us or that third party, because of anything you do or fail to do in connection with the booking.
6.3 You agree that we are authorised to:
(a) Review, edit, correct or delete of any personal information held in connection with the Services;
(b) Collect additional personal information beyond that which you have provided to us via the booking;
7 INTELLECTUAL PROPERTY
7.1 In these terms,
(a) “Content” means all 3D virtual tours, floorplans, photographs, video, or other images in any form or by any means (including, without limitation, electronic mechanical, microcopying, photocopying, recording or otherwise) that are created, generated, used, copied, reproduced, stored or transmitted in connection with your use of the Services.
(b) “Approved Marketing Materials” means any marketing and promotional materials including trademarks and branding that you have authorised us to use in relation to the carrying out and delivery of the Services.
7.2 You acknowledge and agree that all intellectual property rights in the Services and Content will at all times vest, or remain vested, in us upon creation (including part-creation). To the extent that ownership of such intellectual property rights does not automatically vest in us, you agree to do all acts necessary or desirable to assure our title to such rights.
7.3 We grant to you and Little Hinges a non-exclusive, revocable, Australia-wide, sublicence and non-transferable right and licence to use the Services and Content.
7.4 If provided, you grant to us a non-exclusive, world-wide, royalty-free licence to use your Approved Marketing Materials for the sole purpose of performing our obligations as instructed by you in your writing or as provided under these terms.
7.5 If you or your related third party have any moral rights in any Content or material provided, used or prepared in connection with the Services, you agree to (and agree to ensure that your related third party agrees to) procure all necessary consents to our use or infringement of those moral rights.
7.6 In the use of any intellectual property rights in connection with these terms, you must not (and you must ensure your related third party does not) commit any intellectual property breach or attempt to or create a derivative work or product of our intellectual property.
7.7 You agree not to copy, modify, create a derivative work, reverse engineer, revers assemble, attempt to discover source code or algorithms, sell, assign, sub-licence, grant a security interest in or otherwise transfer and Content provided to you, or any material or content on, or functionality in, the Services
7.8 This clause 7 will survive termination of the Services.
8.1 We represent and warrant that:
(a) We will provide the Services in a timely and professional manner, with all due care and skill;
(b) We have the right to grant the rights to you under sub-clauses 7.3, and that your use of the Services and Content will not infringe any third party’s Intellectual Property rights.
8.2 You represent and warrant that:
(a) The necessary consent of the individual to whom the personal information in connection with the booking relates to;
(b) The right to allow us to access the property (or properties) identified in the booking;
(c) Valid authorization to perform all obligations under these terms, including payment of any fees under clause 4 and privacy obligations;
(d) Our provision of the Services to you will not adversely impact on our reputation;
(e) Our use of any Approved Marketing Materials will not infringe any third party’s Intellectual Property rights or other rights;
(f) You have the right to grant the rights granted to us under sub-clause 7.4, and our use will not infringe any third party’s Intellectual Property rights or other rights; and
8.3 Subject to your statutory rights under law (including the Australian Consumer Law), you agree that
We make no warranty or representation, express or implied, as to the fitness fir purpose of suitability of the Services, You accept that the Services are provided on an “as is” and on an “as available” basis and on that condition, you undertake all responsibility for assessing and considering the reliability, accuracy and delivery of information provide in relation to the Services.
8.3 This clause 8 will survive the termination or expiry if the Services to you.
9 INDEMNITY AND LIABILITY
9.1 You indemnify us against any loss or liability (including legal costs on a solicitor and own client basis) that we incur or suffer directly or indirectly as a result of or in connection with:
(a) A breach of your warranties under clause 8;
(b) A breach of any privacy law, including any unauthorized use or disclosure if personal information by you;
(c) Demand, allegation, claim or action that any information or material you provide or supply us in connection with the Services (including Approved Marketing Materials), or its use by us, infringe the rights (including any intellectual property right) of any person or third party; and
(d) Unlawful or fraudulent act or omission or willful breach by you of these terms.
Your Liability under this sub-clause 9.1 is not subject to any limit or exclusion of Liability under this clause 9 generally.
9.2 Notwithstanding anything to the contrary and to the extent permitted by law in no circumstances will we be liable to you or any third party for any cause of action or theory of liability, in respect if special, lost profits, indirect or consequential damages, loss of profit (whether direct or indirect), loss of data, or loss of business opportunity arising out of or in connection with:
(a) Your acts or omissions;
(b) Any use, application or reliance on the Service or Content by you or any other third part;
(c) Any activity, transaction, communication or other interaction between you and any other third party either directly or outsourced through the Services;
(d) Any material, works, services, goods, materials or items which do not form part of the Services (as expressed in these terms), or which have not been provided by us;
(e) Any errors or omissions from any Content made available to you through the Services including typographical, location, pricing or photographical errors;
(f) Any technical malfunction, error, virus, delay or interference with the Services, for whatever reason; and/or
(g) Any event outside of our reasonable control (see clause 10 for further details).
9.3 In all other instances the total aggregate liability of either party arising out of or in connection with the Services, whether based upon breach of contract, under common law, statute, tort (including negligence) or otherwise, will not exceed the total amount of any fee(s) received by us from you in exchange for the Services in accordance with clause 4. However the foregoing does not preclude either party from recovering any loss or damage to the extent it may fairly and reasonably be considered to arise directly and naturally, that is according to the usual course of things, from the breach or wrongful act or omission giving to rise to the relevant liability.
9.4 To the extent permitted by law, a party’s liability to the other party under or in connection with these terms is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
9.5 The limitations and exclusions of the liability set out in clause 9 apply regardless of the basis on which such liability arises, whether in contract, breach of statutory duty, tort (including negligence) in equity or under statute.
9.6 This clause 9 will survive termination or expiry of the Services to you.
9.7 We may send you emails for sales and marketing opportunities, promotions, reminders and contests. Such emails may include marketing information about Little Hinges or selected business partners. If you wish to unsubscribe from the list, you may do so by sending an email to email@example.com. In addition, each email sent will contact an unsubscribe link so you can opt-out of that subscription to our marketing email list.
10 FORCE MAJEURE Except where otherwise stated in these terms, you accept that we will not be liable to compensate you if the Services are affected by any event which we could not, even with all due care, foresee or avoid, including;
(a) Any event outside the reasonable control of us, including fire, storm, flood, earthquake, volcanic activity, pandemic or epidemic, explosion, war, invasion, rebellion, sabotage, epidemic, terrorism (threatened or actual), industrial activity or other similar event or act or omission (including laws, regulations, disapprovals or failures to approve) of any third party person (including but not limited to, customers, governments or government agencies); and
(b) Any inaccurate information provided to us by you.
11 ELECTRONIC COMMUNICATION
11.1 Upon making a booking, you agree to be subscribed to our Little Hinges marketing email list.
11.2 We may send you emails for sales and marketing opportunities, promotions, reminders and contests. Such emails may include marketing information about Little Hinges or selected business partners. If you wish to unsubscribe from the list, you may do so by sending an email to firstname.lastname@example.org. In addition, each email sent will contact an unsubscribe link so you can opt-out of that subscription to our marketing email list.
12.1 These terms represent out entire agreement with you in relation to the subject matter of the Services and supersedes all prior representations, communications, agreements, statements and understandings, where oral or in writing.
12.2 These terms are not intended to create a partnership, joint venture, employment or agency relationship between us and you. It is the express intention of us and you that any such relationships are denied.
12.3 If a provision in these terms is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, the validity or enforceability if the remaining part of that provision or the other provisions in these terms.
12.4 If we do not act in relation to a particular breach by you of these terms, this will not be treated as a waiver by is of our right to act with respect to prior, subsequent or similar breaches.
12.5 These terms are governed by Queensland by the laws of Queensland and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland.