TERMS OF SERVICE

1. Website Usage and Ownership:

The following terms and conditions govern all use of the eliteplastering.com.au website and all content, services, and products available at or through the website (collectively referred to as the "Website"). The Website is owned and operated by Elite Plastering ("Elite Plastering"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Elite Plastering's Privacy Policy), and procedures that may be published from time to time on this Site by Elite Plastering (collectively, the "Agreement").

2. User Responsibility:

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Elite Plastering, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

3. Responsibility of Contributors:

If you post material to the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  • The downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party.

  • If your employer has rights to intellectual property you create, you have either
    (i) received permission from your employer to post or make available the Content, including but not limited to any software, or
    (ii) secured from your employer a waiver as to all rights in or to the Content.

  • You have fully complied with any third-party licenses relating to the Content and have done all things necessary to successfully pass through to end-users any required terms.

  • The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.

  • The Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).

  • The Content does not contain explicit copy and images, threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

  • Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs, and websites, and similar unsolicited promotional methods.

  • Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own.

  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Elite Plastering or otherwise.

4. Content Submission and Usage Rights:

By submitting Content to Elite Plastering for inclusion on the Website, you grant Elite Plastering a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your account. If you delete Content, Elite Plastering will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

5. Elite Plastering's Rights and Obligations:

Without limiting any of those representations or warranties, Elite Plastering has the right (though not the obligation) to, in Elite Plastering's sole discretion:

  • Refuse or remove any content that, in Elite Plastering's reasonable opinion, violates any Elite Plastering policy or is in any way harmful or objectionable.

  • Terminate or deny access to and use of the Website to any individual or entity for any reason, in Elite Plastering's sole discretion.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

6. Payment Terms

Payments for services rendered by Elite Plastering must be made within 7 days of invoicing. Failure to make timely payments may result in additional charges or late fees as outlined in the invoice. Elite Plastering reserves the right to pursue legal action or engage debt collection services to recover outstanding payments. By engaging Elite Plastering's services, you agree to adhere to these payment terms and acknowledge Elite Plastering's rights to enforce payment obligations as necessary.

7. Termination and Refund Policy:

Elite Plastering will have no obligation to provide a refund of any amounts previously paid.

8. Disclaimer of Warranties:

The Website is provided "as is". Elite Plastering and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Elite Plastering nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

9. Limitation of Liability:

In no event will Elite Plastering, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for:

  • Any special, incidental, or consequential damages.

  • The cost of procurement for substitute products or services.

  • Interruption of use or loss or corruption of data.

  • Any amounts that exceed the fees paid by you to Elite Plastering under this agreement during the twelve (12) month period prior to the cause of action. Elite Plastering shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty:

You represent and warrant that:

  • Your use of the Website will be in strict accordance with the Elite Plastering Privacy Policy, with this Agreement, and with all applicable laws and regulations. This includes all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  • Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification:

You agree to indemnify and hold harmless Elite Plastering, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

12. Modification of Terms:

Elite Plastering reserves the right to modify or replace any part of these terms and conditions at any time without prior notice. It is your responsibility to review these terms periodically for changes. Your continued use of the website after any such modifications constitutes acceptance of the new terms and conditions.

For any questions or concerns please email us.