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Terms & Conditions of use

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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