Website Terms of Use
Welcome to the website of Paliant Design (ABN 88 144 811 950) (“we”, “us” or the “Company”), the provider of specialised property development services.
This website is located on the web via the domain https://www.paliantdesign.com/ and includes all of the files located in that domain (“this site”).
Agreement to these Website Terms of Use
By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.
Privacy Policy
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://paliantdesign.com/privacy-policy/), which is incorporated by reference into these Website Terms of Use.
Restrictions on use
Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms of Use
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
– you breach any provision of these Website Terms of Use;
– the Company is unable to verify or authenticate any information that you provide to us; or
– the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.
Indemnity
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Intellectual property
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
• this site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by the Company in connection with this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The Company’s logo is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
User Content
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
• represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
• the use of the this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this site will meet your requirements or expectations;
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive,
exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
• in the case of goods, to any of the following:
– the replacement of the goods or the supply of equivalent goods;
– the repair of the goods;
– the payment of the cost of replacing the goods or of acquiring equivalent goods; or
– the payment of the cost of having the goods repaired; and
• in the case of services:
– the supply of the services again; or
– the payment of the cost of having the services supplied again.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
• these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications
The Company may provide any notification for the purposes of these Website Terms of Use by email.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use 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.
Variation
The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.
You may only vary or amend these Website Terms of Use by written agreement with the Company.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
• use this site by any automated means;
• use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with this site;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
• reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with this site;
• do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
• use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
• use this site to transmit any information or material that is, or may reasonably be considered to be:
– abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
– libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
– infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
– in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
– in breach of any person’s privacy or publicity rights;
– a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
– in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
– containing any political campaigning material, advertisements or solicitations; or
– likely to bring the Company or any of its staff into disrepute.
Privacy Policy
Our website address is: https://paliantdesign.com
What personal data we collect and why we collect it
Paliant Design is committed to protecting the privacy of its clients and Website Users.
- Interpretation
A. “Australian Privacy Principles” means the privacy principles provided in the Privacy Act 1988 (Cth) as amended from time to time;
B. “Personal Information” means any information recorded in any format collected that identifies a person or may reasonably identify a person;
C. “Sensitive Information” has the meaning given by section 6 of the Privacy Act 1988 (Cth) as amended from time to time;
D. “Paliant Design” means Alice Pennington Design Pty Ltd ACN 144 811 950 trading as Paliant Design (ABN 88 144 811 950);
E. “Website” means the website of Paliant Design being https://www.paliantdesign.com and/or any online platform used or operated by Paliant Design to provide services;
F. “Website Users” means any person who accesses the Website and/or external websites through third party links;
G. “You” means any natural person or entity and/or organisation that you represent or have an interest.
2. Paliant Design will act in accordance with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) and other applicable State and Federal legislation in relation to Personal Information.
3. Paliant Design may collect, hold and/or use your Personal Information for the following purposes:
A. to affect any obligation contained in any agreement entered into by You on the Website or in relation to the Website or services provided by Paliant Design;
B. to verify your identity or the identity of any entity that You represent and/or control;
C. to contact You in relation to affecting any obligation contained in any agreement entered into by You on the Website or in relation to the Website or any services provided by Paliant Design;
D. to perform direct marketing to You:
-
-
- if You would reasonably expect Paliant Design to use your Personal Information other than Sensitive Information for this function; or
- even if You would not reasonably expect Paliant Design to use your Personal Information other than Sensitive Information for this function and You have provided consent to Paliant Design or it is not practical for Paliant Design to obtain your consent. In such case, Paliant Design will provide a simple means for You to request to cease receiving direct marketing communications;
- and You have not requested that Paliant Design cease providing direct marketing communications to You;
-
E. if necessary for or directly related to one of the functions or activities of Paliant Design.
4. Paliant Design may collect, hold and/or use your Personal Information including Sensitive Information for direct marketing purposes if You have consented to the use and disclosure of the information for this purpose and have not requested Paliant Design to cease providing direct marketing communications.
5. You may request at any time that Paliant Design cease the communication of direct marketing materials by providing written notice to Paliant Design by email to info@paliantdesign.com.
6.Paliant Design may collect your Personal Information when:
A. You enquire about Paliant Design providing services whether through the Website or any other method of communication;
B. when You fill out any forms and/or documents whether in digital format or hard copy format provided by Paliant Design;
C. when You engage Paliant Design to provide a service or otherwise use a service provided by Paliant Design;
D. when You access the Website or any other online platform in which Paliant Design has a presence including but not limited to social media platforms;
E. when You correspond and/or communicate with Paliant Design;
F. when available through public sources; and
G. when required by law.
7. Paliant Design may collect from You, hold and/or use the following kinds of Personal Information:
A. your name;
B. your address;
C. your contact details including but not limited to telephone number and email address;
D. the name of any entity and/or organisation that You represent or have an interest in;
E. the address of any entity and/or organisation that You represent or have an interest in; and
F. the contact details including but not limited to telephone number and email address of any entity and/or organisation that You represent or have an interest in.
8. Paliant Design may disclose Personal Information to third parties who may be located overseas to affect any obligation contained in any agreement entered into by You on or in relation to the Website or services provided by Paliant Examples of such third parties include by are not limited to:marketing, advertising, search engine optimisation, search engine marketing and/or the like professionals engaged by Paliant Design;
A. information technology and/or cybersecurity professionals engaged by Paliant Design;
B. third party applications and websites;
C. your authorised representative(s) when Paliant Design is requested expressly by You in writing;
D. Paliant Design ’s professional advisors; or
E. government, regulatory authorities, law enforcement agencies and any other organisation when required by
If Paliant Design discloses your Personal Information to third parties located overseas, Paliant Design will take reasonable steps in the circumstances to make sure that the third party located overseas does not breach the Australian Privacy Principles.
9. You acknowledge that Paliant Design may store and/or manage your Personal Information in servers and/or cloud-based storage systems located overseas.
10. Paliant Design will only collect Personal Information using lawful and fair practices.
11. Paliant Design will not collect, hold or use your Personal Information for any other purpose than listed above without your prior consent unless allowed by the Australian Privacy Principles or as required by law.
12. Paliant Design will take all reasonable steps to ensure that Personal Information collected, used or disclosed is accurate, current, complete, relevant and not misleading. Paliant Design may correct your Personal Information if reasonable taking into account the purpose for which the Personal Information is held.
13. Paliant Design accepts no liability for the privacy practices of third party and/or external websites and service providers connected with the services provided by Paliant Design or access to or use of the website.
14. Data files known as ‘Cookies’ or an equivalent may be saved by your internet browser on your computer or device. Cookies are used to determine how Website Users use the internet. Cookies do not contain any Personal Information. The following information may be obtained by the use of Cookies from You:
A. your computer operating system;
B. your computer’s browsing software; and
C. details as to your internet use.
15. You may at any time contact Paliant Design by email to info@paliantdesign.com to request access to any of your Personal Information collected, held or used by Paliant Design. Paliant Design will respond to any request in a timely manner taking into consideration the nature of the request. Personal Information will be provided in the manner requested unless unreasonable and impractical as determined by Paliant Design. If Paliant Design refuses to provide access to any Personal Information in accordance with the Australian Privacy Principles or refuses to provide the Personal Information in the manner requested, Paliant Design will provide written notice of the reasons for refusal unless unreasonable and any method that may be used to complain about the refusal.
16. You may at any time contact Paliant Design by email to info@paliantdesign.com to correct your Personal Information if reasonable taking into account the purpose for which the Personal Information is held. Paliant Design will respond to any request in a timely
17. You may at any time contact Paliant Design by email to info@paliantdesign.com with any queries and/or complaints in relation to this privacy policy. Paliant Design will respond to any request in writing in a timely manner taking into consideration the nature of the query and/or
18. Paliant Design reserves the right to amend this policy from time to time to comply with the Australian Privacy Act 1988 (Cth) and any other applicable State or Federal legislation.