1.1 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.
1.2 As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy and our Software Licence Terms, which are incorporated by reference into these Website Terms of Use.
Legal capacity to transact
1.3 If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
2.1 YOU MUST NOT:
(a) use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
(b) engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
(c) 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;
(d) 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;
(e) 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;
(f) use this site by any automated means;
(g) 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;
(h) 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;
(i) interfere with the display of any advertisements appearing on or in connection with this site;
(j) reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
(k) reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
(l) falsely imply that any other website is associated with this site;
(m) do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
(n) 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;
(o) 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
(p) use this site to transmit any information or material that is, or may reasonably be considered to be:
(i) abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
(ii) libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
(iii) infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
(iv) in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
(v) in breach of any person’s privacy or publicity rights;
(vi) 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);
(vii) in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
(viii) containing any political campaigning material, advertisements or solicitations; or
(ix) likely to bring the Company or any of its staff into disrepute.
Violations of these Website Terms of Use
2.2 Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
(a) temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
(i) you breach any provision of these Website Terms of Use;
(ii) the Company is unable to verify or authenticate any information that you provide to us; or
(iii) 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
(b) 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
2.3 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):
(a) any material or information that you submit, post, transmit or otherwise make available through this site;
(b) your use of, or connection to, this site; or
(c) your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Requirement for registration
3.1 The Company reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
3.2 Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation.
3.3 You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative. The member who created the PaintProjex account and whose payment method is charged (the “Account Owner”) is responsible for any activity that occurs through the PaintProjex account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should maintain control over the PaintProjex devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, PaintProjex or our partners from identity theft or other fraudulent activity.
3.4 You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
3.5 In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with:
(a) a valid email address;
(b) accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
(c) any other information that may be required by the Company during the registration process.
3.6 You must promptly update this information to maintain its accuracy at all times.
3.7 You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
3.8 One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
3.9 The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Order constitutes offer
4.1 By placing an order through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, the Company will endeavour to supply your selected products/services to you.
4.2 We will not commence processing any order made through this site unless and until:
(a) payment for the order has been received by us in full; and
(b) the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
4.3 We reserve the right at our discretion to:
(a) at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
(b) at any time:
(i) refuse to provide products or services to you;
(ii) terminate your access to this site; and/or
(iii) remove or edit any content on this site.
Acceptance of orders
4.4 Acceptance of each order will take place if and when the Company:\
(a) in the case of digital items, either:
(i) sends the requested items to you, at the time at which the items are sent by the Company; or
(ii) notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company,
and title to, and risk in, the items will pass from the Company to you at that time; or
(b) in the case of services, either:
(i) provides the services to you, at the time at which the Company commences providing the services; or
(ii) notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
5.1 The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
GST
5.2 Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
6.1 Payment for orders placed through this site may be made:
(a) by credit card processed online using secure Stripe payment gateway; or
(b) by any other payment gateway used by us from time to time.
Stripe secure payment gateway
6.2 The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).
6.3 Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
Refunds and other remedies
6.4 Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.
Security
6.5 While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
6.6 The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Content supplied by third parties
7.1 This site includes an online portal that allows third parties to advertise goods and/or services and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
(a) any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
(b) any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
(c) any loss or damage that results from any dealings that you may have with such third parties.
Third party goods/services and websites
7.2 We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
User acknowledgements
7.3 You acknowledge that the Company does not:
(a) check the truth or currency of any of the material or information that third parties provide or make available through this site;
(b) control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
(c) offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
(d) endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this site.
Disputes between users and suppliers
7.4 You are solely responsible for your interactions with suppliers listed on this site and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
7.5 If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
Copyright
8.1 In these Website Terms of Use, the term “Proprietary Content” means:
(a) this site;
(b) 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
(c) all software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
8.2 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 Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
8.3 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
8.4 The phrase “PaintProjex” 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
8.5 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.
8.6 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:
(a) 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
(b) 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
8.7 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 may but are not required to 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 may but are not required to 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, but are not required to, restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we may, but are not required to, remove or block the allegedly infringing material pending resolution of that legal action. If we receive a copyright claim as a result of the material you have uploaded or inputted into our Site, you hereby acknowledge and agree that you will be responsible for paying the Company’s legal fees on a solicitor-client basis.
9.1 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 AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
9.2 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:
(a) the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) this site will meet your requirements or expectations;
(c) 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;
(d) the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
(e) errors or defects will be corrected; or
(f) this site or the servers that make it available are free of viruses or other harmful components.
9.3 The Company may not, and is not obligated to host, archive or store any data or documentation you input into the site or the Software. You must back up all your own data and the Company is not responsible in the event of corruption to the site or the Software, which may lead to the loss of data or information you have stored on the Site or Website.
Remedies limited
10.1 This clause 10 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
(a) arising under or in connection with these Website Terms of Use;
(b) in respect of any use made by you of the Software or any part of it (as defined in the Software Licence Terms); and
(c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Website Terms of Use.
10.2 Except as expressly and specifically provided in these Website Terms of Use:
(a) you assume sole responsibility for results obtained from the use of the Website and Software, and for conclusions drawn from such use. The Company shall have no liability for any damage caused by errors or omissions in any information, data, instructions or scripts provided to us by you in connection with the Software;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Website Terms of Use; and
(c) the Website and the Software are provided to the Licensee on an “as is” basis.
10.3 Subject to clause 10.2, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising your use of the Website and Software and under these Website Terms of Use.
Exclusion of liability
10.4 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. In the event that any such liability cannot be excluded in law or held to be invalid for any reason then the liability of the Company shall be limited to the cost of 3 months of your Licence Fee under the Software Licence Terms.
Release
10.5 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
10.6 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.
Interpretation
11.1 In these Website Terms of Use, the following rules of interpretation apply:
(a) 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;
(b) these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
(c) the singular includes the plural and vice-versa;
(d) 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
(e) the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications
11.2 The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
11.3 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
11.4 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. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
11.5 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
11.6 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
11.7 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
11.8 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 or the products/services offered through this site.
11.9 You may only vary or amend these Website Terms of Use by written agreement with the Company.
Governing law and jurisdiction
11.10 These Website Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
Projex SAAS Pty Ltd ABN 88 659 849 386 trading as “PaintProjex” (“we”, “us” or the “Company”) is committed to privacy protection. At https://paintprojex.com/ (“this site”), we understand the importance of keeping personal information private and secure. This privacy policy (“Privacy Policy”) describes generally how we manage personal information and safeguard privacy. If you would like more information, please don’t hesitate to contact us. This Privacy Policy forms part of, and is subject to the provisions of, our Website Terms of Use (paintprojex.com/terms).
1.1 We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
2.1 Personal information held by the Company may include your:
(a) name and date of birth;
(b) residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
(c) bank account and/or credit card details for agreed billing purposes;
(d) any information that you provided to us by you during your account creation process or added to your user profile;
(e) preferences and password for using this site and your computer and connection information; and
(f) any information that you otherwise share with us.
Information provided to Stripe
2.2 All purchases that are made through this site are processed securely and externally by Stripe. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
3.1 At this site, we only collect personal information that is necessary for us to conduct our business as an estimating and workflow management software solution that helps businesses manage painting projects accurately and consistently.
Information that you provide to us
3.2 We may collect personal information that you provide to us about yourself when you:
(a) use this site, including (without limitation) when you:
(i) create a user account;
(ii) add information to your user profile;
(iii) purchase any products and/or services through this site;
(iv) add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content;
(v) register for access to premium content or request certain premium features; or
(vi) complete an online contact form to contact us or any third party supplier;
(b) provide information to us by telephone or through marketing or competition application forms; or
(c) send us an email or other communication.
IP addresses
3.3 This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
4.1 This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
4.2 You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
Why we use cookies
4.3 This site uses cookies in order to:
(a) remember your preferences for using this site;
(b) manage the signup process when you create an account with us;
(c) recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
(d) facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
(e) show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
(f) remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).
4.4 Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
Third party cookies
4.5 In some cases, third parties may place cookies through this site. For example:
(a) Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
(b) Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
(c) third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site.
5.1 Your personal information may be used in order to:
(a) verify your identity;
(b) assist you to place orders through this site;
(c) process any purchases of products and/or services that you may make through this site, including charging, billing and collecting debts;
(d) make changes to your account;
(e) respond to any queries or feedback that you may have;
(f) conduct appropriate checks for credit-worthiness and for fraud;
(g) prevent and detect any misuse of, or fraudulent activities involving, this site;
(h) conduct research and development in respect of our products and/or services;
(i) gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or
(j) maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.
5.2 From time to time we may email our customers with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
6.1 In order to deliver the products/services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
(a) customer enquiries;
(b) mailing systems;
(c) billing and debt-recovery functions;
(d) information technology services;
(e) marketing, telemarketing and sales services;
(f) market research; and
(g) website usage analysis.
6.2 In addition, we may disclose your personal information to:
(a) your authorised representatives or legal advisers (when requested by you to do so);
(b) credit-reporting and fraud-checking agencies;
(c) credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
(d) our professional advisers, including our accountants, auditors and lawyers;
(e) government and regulatory authorities and other organisations, as required or authorised by law;
(f) organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
(g) the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
7.1 If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to support@paintprojex.com or by post.
Access to your personal information
7.2 In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
7.3 In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
(a) be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
(b) have an unreasonable impact on another person’s privacy; or
(c) prejudice an investigation of unlawful activity.
7.4 We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
Correcting your personal information
7.5 We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
8.1 We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
9.1 You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and the Company assumes no responsibility for the content of any third party websites.
Re-marketing
9.2 We may use the Google AdWords and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us.
9.3 You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
10.1 The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards customers/clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
GDPR rights
10.2 The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
(a) you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
(b) you may also have a right to:
(i) have that information rectified or deleted;
(ii) restrict our processing of that information;
(iii) stop unauthorised transfers of your personal information to a third party;
(iv) in some circumstances, have that information transferred to another organisation; and
(v) lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
(c) where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
10.3 If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
(a) such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and
(b) even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
(i) to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
(ii) in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties
10.4 Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our customers/clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.
10.5 The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
Duration of retention of your data
10.6 We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.
Keeping your information up-to-date
10.7 To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer by email at support@paintprojex.com by post.
11.1 From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.
* * * *
If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).
These Software Licence Terms forms part of, and is subject to the provisions of, our Website Terms of Use (paintprojex.com/terms).
In the terms and conditions on this page:
“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, improvements, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;
“Licence Fee” means the monthly fee payable by you to the Company for the use of our Software for the Permitted Purpose as determined by the subscription you elect per our Pricing Page;
“Permitted Purpose” means the estimating and management of painting projects;
“Pricing Page” means the pricing page as found on our website paintprojex.com/pricing/
“Software” means the software found on our website https://www.paintprojex.com/ and delivered to you by us or used or accessed by you pursuant to these terms, including but not limited to:
(a) supply of the PaintProjex management software;
(b) all instructions, manuals, guidance, documents and content comprised therein;
(c) software customisation;
(d) single sign-on; and
(e) any other software services agreed in writing by us time to time.
“User Data” means all of the data that you upload into the Software, including all text and other data that you enter into any of the online document creation forms comprised in the Software;
“User Documents” means all of content and documents generated by the Software and delivered or made available to you by us through your use of the Software;
– a reference to these licence terms includes a reference to our Website Terms, Privacy – Policy, and these Software Licence Terms; and
– words and phrases that are defined in the Usage Terms have the same meanings when used on this page.
– The rules of interpretation that apply to the Usage Terms also apply to the terms and conditions on this page.
2.1 YOU MUST USE THE SOFTWARE AND ALL USER DOCUMENTS SOLELY AND EXCLUSIVELY FOR THE PERMITTED PURPOSE.
2.2 Without limitation to the other requirements of our Usage Terms, you must not:
(a) use the Software or any User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with our Usage Terms;
(b) use the Software or any User Documents in any way that could damage the reputation of the Company or the goodwill or Intellectual Property Rights of the Company associated with the Software and/or the User Documents;
(c) permit any third party to use the Software or any User Documents without our prior written consent;
(d) assign, sub-licence or otherwise deal in any other way with any of your rights under our Usage Terms without our prior written consent;
(e) disclose your password(s) to any third party;
(f) copy, reproduce, translate, adapt, vary or modify the Software or any User Documents or create any derivative works based upon the Software or any Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
(g) disassemble, decompile or reverse engineer the Software or attempt to do so;
(h) modify or remove any copyright or proprietary notices pertaining to the Software or the User Documents; or
(i) use the Software to provide services to third parties;
(j) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or User Documents in any form or media or by any means;
(k) engage in conduct that, in the opinion of the Company at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate the Software and/or any content of any User Documents; or
(l) overload the Software, upload excessive data, or excessively use the cloud storage, subject to clause 5 below.
Software
3.1 For the duration of your subscription (subject to clause 5 below), the Company hereby grants to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software solely and exclusively for the Permitted Purpose, subject to and in accordance with the terms and conditions set out in our Usage Terms. The Company reserves the right to licence the Software to other parties or otherwise deal with the Software on such terms as it may elect in its discretion.
User Documents
3.2 Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and your continued compliance with all of the provisions of our Usage Terms, the Company hereby grants to you a perpetual license to keep, use and reproduce all User Documents validly produced by you in accordance with our Usage Terms (and to permit the particular bona fide clients for which the relevant User Documents were first created to do the same), provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.
4.1 You acknowledge and agree that:
(a) our Usage Terms do not transfer or assign any Intellectual Property Rights to you;
(b) your use of this site or any custom branded portal does not transfer or assign any Intellectual Property Rights to you;
(c) PaintProjex IP retain all Intellectual Property Rights in the Software and you have no Intellectual Property Rights in any part of the Software, including any modifications or enhancements thereof, other than the rights temporarily granted to you pursuant to the license under the heading “License” above; and
(d) PaintProjex IP owns and retains all Intellectual Property Rights in the User Documents, and you have no Intellectual Property Rights or other rights in any part of the User Documents other than:
(i) the rights granted to you pursuant to the license under the heading “License” on this page above; and
(ii) in respect of your User Data.
(e) You grant PaintProjex IP an irrevocable, royalty free, perpetual and non-exclusive licence to use the User Data, feedback, uploads or other data that you input into the Site or the Software to improve the Software and any improvements made as a result of such use will be the intellectual property of PaintProjex IP.
5.1 Our pricing model is based on subscription pricing on a tiered scale, offering subscribers packages with different feature combinations at different price points. Subscriptions will be made available on a monthly or yearly basis, per user. Yearly payments will be discounted, providing incentive for long term subscriptions. Our tiered pricing structure will be based on five different users:
(a) Free Version – 14 days trial;
(b) Sole Trader
(c) Small Business
(d) Teams
Our Pricing Page can be seen here (paintprojex.com/pricing/).
5.2 Depending on the subscription model you elect from our Pricing Page, you must pay to us the Licence Fee monthly or yearly (whichever is applicable), in advance. Each payment of the Licence Fee shall be made with time of the essence and without right of set-off or deduction. You acknowledge and agree that we may charge interest on any late payment of the Licence Fee at 10% per annum, with the interest broken down into a daily interest charge.
5.3 If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees, late payment fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used.5.4 The Licence Fee is inclusive of cloud and data storage, and you will not be required to pay any additional fees for cloud storage. However, if we deem in our sole and absolute discretion that you are in excessive use of cloud or data storage, we may vary your Licence Fee by written notice. In this instance, you accept that your Licence Fee may not reflect the fees described in the Pricing Page.
5.5 We may review and change the Pricing Page, and your Licence Fee, from time to time however, any changes to your subscription plans will apply no earlier than 30 days following notice to you.
5.6 You recognise and agree that you shall not be entitled to a refund for any payment/s, or portions of payments, of any kind whatsoever provided to the Company or in respect of the licence to use the Software.
6.1 The Company may provide support services to you in relation to the use of the Software, and such support services will be at the Company’s standard hourly rates then in force, which may be amended from time to time.
6.2 If you request, the Company may, but is not obligated to, provide customised versions of the Software to you. The Licence Fee, for customised versions of the Software, shall be increased at the Company’s standard rates then in force, which may be amended from time to time.
7.1 The Company (for itself and as agent and trustee for and on behalf of PaintProjex IP) reserves all of the rights of the Company and PaintProjex IP in relation to any breach of our Usage Terms, including any violation of these Software Licence Terms, including the right to seek injunctive relief and the right to sue for damages. Without limitation to those rights, if the Company finds that you have used the Software other than in accordance with our Usage Terms, the Company reserves the right to, without notice to you:
(a) limit your subscription (which, if your subscription would otherwise entitle you to receive User Documents in MS Word format, includes limiting your access to PDF versions only); and/or
(b) suspend or terminate your subscription.
8.1 The Company may, but is not obligated to, host, archive or store any User Data or User Documents or other documentation or data you input into the Software. You are responsible for backing up all your own User Data and User Documents and the Company is not responsible in the event of corruption to the site or the Software, which may lead to the loss of User Data and/or User Documents. You acknowledge that the Software includes the functionality of exporting data in multiple formats for the purposes of backing up all your own User Data and User Documents, and the Company advises you to do so. You warrant that you have your own cyber risk insurance to prevent unauthorised use and access to the Software and acknowledge that you may not make a claim against the Company for any loss or damage suffered as a result of lost data in the Software.
8.2 Except to any extent required by law, the Company hereby provides the Software to you on an “as-is” basis and expressly excludes any warranty as to the relevance of the Software for your business, needs or intended use, or that the Software will be error-free or interrupted.