Website Terms Of Use

Effective Date: 8th December 2025

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1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing, browsing, or using the website [website URL] ("Website"), you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree, you must immediately cease using the Website.

1.2 Binding Agreement

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Mr. Paint Painters Pty Ltd ABN [Insert ABN] ("Company," "we," "us," or "our").

1.3 Capacity

By using this Website, you represent and warrant that:

• You are at least 18 years of age

• You have legal capacity to enter into binding contracts

• You will comply with these Terms and all applicable laws

• All information you provide is accurate and current

1.4 Business Use

If you access the Website on behalf of a business or entity:

• You represent that you have authority to bind that entity to these Terms

• References to "you" include both you individually and the entity

• The entity is bound by these Terms

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2. MODIFICATIONS TO TERMS

2.1 Right to Modify

We reserve the right to modify, amend, or replace these Terms at any time, at our sole discretion, without prior notice.

2.2 Effect of Changes

• Changes take effect immediately upon posting on the Website

• The "Last Updated" date will reflect modifications

• Continued use after changes constitutes acceptance of modified Terms

• We have no obligation to notify you of changes

2.3 Your Responsibility

You are responsible for regularly reviewing these Terms. Your failure to review updates does not excuse non-compliance.

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3. WEBSITE USE AND LICENSE

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal or business purposes related to obtaining information about our painting services.

3.2 Restrictions on Use

You agree NOT to:

• Copy, reproduce, modify, or distribute Website content without written permission

• Use automated systems (bots, scrapers, crawlers) to access the Website

• Reverse engineer, decompile, or disassemble any Website software

• Remove copyright, trademark, or proprietary notices

• Frame or mirror any Website content

• Transmit viruses, malware, or harmful code

• Interfere with Website operation or security

• Access the Website through unauthorized means

• Use the Website for any unlawful purpose

• Impersonate any person or entity

• Collect user information without consent

• Post or transmit false, misleading, or defamatory content

• Violate any applicable laws, regulations, or third-party rights

3.3 Reservation of Rights

All rights not expressly granted are reserved by the Company. Unauthorized use terminates the license granted in Section 3.1.

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4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership

All content on the Website, including but not limited to:

• Text, graphics, logos, images, photographs

• Videos, audio files, and multimedia

• Software, code, and functionality

• Design, layout, and "look and feel"

• Trademarks, service marks, and trade names

• Copyrighted works and compilations

is owned by or licensed to Mr. Paint Painters Pty Ltd and protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), and common law rights.

4.2 Trademarks

"Mr. Paint Painters," our logo, and related marks are trademarks or registered trademarks of Mr. Paint Painters Pty Ltd. Unauthorized use is strictly prohibited and may constitute trademark infringement.

4.3 Third-Party Content

Third-party trademarks, logos, and content displayed on the Website belong to their respective owners. Display does not grant any license or right to use such materials.

4.4 User Submissions

By submitting content to the Website (reviews, testimonials, photos, comments, feedback, suggestions, or other materials):

• You grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media or format, for any purpose, including commercial purposes

• You waive all moral rights in submitted content to the maximum extent permitted by law

• You represent that you own or have necessary rights to submitted content

• You represent that content does not infringe third-party rights

• You acknowledge we have no obligation to use, post, or respond to submissions

• We may remove any submission at our sole discretion without notice or liability

4.5 Feedback

Any feedback, ideas, or suggestions you provide regarding the Website or our services become our exclusive property. We may use such feedback without compensation or attribution.

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5. USER ACCOUNTS AND SECURITY

5.1 Account Creation

If you create an account on the Website:

• You must provide accurate, current, and complete information

• You must maintain and update information to keep it accurate

• You are responsible for maintaining account confidentiality

• You are responsible for all activities under your account

• You must immediately notify us of unauthorized use

5.2 Account Termination

We reserve the right to suspend or terminate your account at any time, for any reason or no reason, without notice or liability, including for:

• Violation of these Terms

• Fraudulent, abusive, or illegal activity

• Extended inactivity

• At our sole discretion

5.3 No Account Transfer

You may not transfer, sell, or assign your account without our written consent.

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6. THIRD-PARTY LINKS AND SERVICES

6.1 External Links

The Website may contain links to third-party websites, services, or resources ("Third-Party Sites"). These links are provided for convenience only.

6.2 No Endorsement

We do not endorse, control, or assume responsibility for:

• Third-Party Sites or their content

• Third-party products, services, or offerings

• Accuracy, legality, or appropriateness of third-party content

• Third-party privacy practices or terms

6.3 Your Risk

You access Third-Party Sites at your own risk. We are not liable for any loss or damage arising from your use of Third-Party Sites.

6.4 Third-Party Services

Third-party services integrated into the Website (payment processors, analytics, advertising) are governed by their own terms and policies. We are not responsible for third-party service performance or practices.

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7. QUOTES, PRICING, AND SERVICES

7.1 Quote Accuracy

Quotes provided through the Website or other channels:

• Are estimates only, not binding offers

• Are subject to verification through site inspection

• May change based on actual project scope and conditions

• Are valid for the period specified (typically 30 days)

• Do not constitute a contract until formally accepted in writing

7.2 Pricing

• All prices are in Australian Dollars (AUD) and include GST unless stated otherwise

• Prices are subject to change without notice

• We reserve the right to correct pricing errors

• Additional charges may apply for unforeseen circumstances discovered during service

7.3 Service Availability

• Services described on the Website are subject to availability

• We reserve the right to refuse service to anyone for any lawful reason

• Service areas, scope, and timing are at our discretion

• The Website does not constitute an offer to provide services in all locations

7.4 No Contract Formation

Use of the Website or submission of inquiries does not create a contract for services. Contracts are formed only through separate written service agreements.

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8. ACCURACY OF INFORMATION

8.1 No Warranty of Accuracy

While we endeavor to provide accurate information:

• Website content is provided "as is" without warranty

• We do not warrant that information is complete, accurate, current, or error-free

• Technical specifications, descriptions, and features may contain inaccuracies or typographical errors

• We reserve the right to correct errors and update information without notice

8.2 Information Updates

We have no obligation to update information, but we reserve the right to do so at our discretion.

8.3 Reliance on Information

You acknowledge that:

• You should independently verify information before relying on it

• You use Website information at your own risk

• We are not liable for decisions based on Website information

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9. PRIVACY AND DATA COLLECTION

9.1 Privacy Policy

Your use of the Website is subject to our Privacy Policy, incorporated into these Terms by reference. By using the Website, you consent to data collection, use, and disclosure as described in the Privacy Policy.

9.2 Cookies and Tracking

We use cookies, analytics tools, and tracking technologies. By using the Website, you consent to such use as described in our Privacy Policy.

9.3 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You transmit information at your own risk.

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10. DISCLAIMERS AND WARRANTIES

10.1 "AS IS" and "AS AVAILABLE"

THE WEBSITE AND ALL CONTENT, INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement

• Warranties regarding accuracy, reliability, or completeness of content

• Warranties that the Website will be uninterrupted, secure, or error-free

• Warranties regarding results obtained from Website use

• Warranties that defects will be corrected

• Warranties regarding third-party content or services

10.3 No Professional Advice

Website content is for general information only and does not constitute professional advice. You should obtain independent professional advice before making decisions based on Website information.

10.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies consumer guarantees, warranties, or rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable laws that cannot lawfully be excluded.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to:

• Re-supply of services or payment of the cost of re-supply

• Replacement or repair of goods or payment of the cost of replacement or repair

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11. LIMITATION OF LIABILITY

11.1 Maximum Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MR. PAINT PAINTERS PTY LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES

• SERVICE INTERRUPTION OR LOSS OF USE

• COST OF SUBSTITUTE GOODS OR SERVICES

• PERSONAL INJURY OR PROPERTY DAMAGE

• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

• STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE WEBSITE

• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES

Whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

11.2 Liability Cap

TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE LESSER OF:

• $100 AUD, OR

• The amount you paid us for services in the 12 months preceding the claim (if any)

11.3 Exclusions from Limitation

These limitations do not apply to:

• Liability that cannot be excluded under the Australian Consumer Law

• Liability for death or personal injury caused by our negligence

• Liability for fraud or fraudulent misrepresentation

• Any other liability that cannot be excluded or limited under applicable law

11.4 Acknowledgment

You acknowledge that:

• These limitations reflect a reasonable allocation of risk

• You would not use the Website without these limitations

• The limitations apply even if remedies fail their essential purpose

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12. INDEMNIFICATION

12.1 Your Indemnity

You agree to indemnify, defend, and hold harmless Mr. Paint Painters Pty Ltd, its directors, officers, employees, agents, contractors, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees) arising from or relating to:

• Your use or misuse of the Website

• Your violation of these Terms

• Your violation of any law, regulation, or third-party rights

• Your submissions, content, or materials

• Your negligence or willful misconduct

• Any fraudulent or illegal activity by you

• Any claim that your conduct caused injury or damage to third parties

12.2 Defense and Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You will cooperate fully in the defense of any claim. You may not settle any claim without our prior written consent.

12.3 Survival

This indemnification obligation survives termination of these Terms and your use of the Website.

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13. PROHIBITED ACTIVITIES

13.1 You Must Not

Engage in any activity that:

• Violates any applicable law, regulation, or ordinance

• Infringes intellectual property or other proprietary rights

• Transmits false, misleading, or deceptive information

• Harasses, abuses, threatens, or defames any person

• Interferes with other users' enjoyment of the Website

• Introduces viruses, malware, or harmful code

• Attempts to gain unauthorized access to Website systems

• Collects personal information without authorization

• Uses the Website for commercial solicitation without permission

• Engages in data mining, scraping, or automated data collection

• Impersonates any person or entity

• Posts or transmits spam, junk mail, or unsolicited communications

• Manipulates Website features or circumvents security measures

• Uses the Website to compete with our business

• Engages in any activity that could damage, disable, or overburden the Website

13.2 Enforcement

Violation of prohibited activities may result in:

• Immediate termination of Website access

• Legal action and pursuit of civil or criminal penalties

• Reporting to law enforcement authorities

• Claims for damages and costs, including legal fees

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14. WEBSITE AVAILABILITY AND MODIFICATIONS

14.1 No Guarantee of Availability

We do not guarantee that the Website will be available at all times. The Website may be unavailable due to:

• Maintenance or updates

• Technical issues or failures

• Security concerns

• Force majeure events

• Any other reason at our discretion

14.2 Modifications and Discontinuation

We reserve the right, at our sole discretion, to:

• Modify, suspend, or discontinue the Website or any feature, temporarily or permanently

• Change Website design, layout, content, or functionality

• Impose limitations on features or restrict access

• Remove or modify content without notice

14.3 No Liability

We are not liable for any modification, suspension, or discontinuation of the Website or any loss or inconvenience resulting therefrom.

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15. DISPUTE RESOLUTION

15.1 Informal Resolution

Before commencing formal proceedings, you agree to first contact us to attempt informal resolution of any dispute. Send written notice to the address in Section 21.

15.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles.

15.3 Jurisdiction

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia, and courts of appeal from them, for any proceedings arising out of or relating to these Terms or the Website.

15.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS AGAINST THE COMPANY.

15.5 Disputes Must Be Brought Individually

Any dispute must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

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16. TERMINATION

16.1 Termination by Us

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason or no reason, including:

• Breach of these Terms

• Request by law enforcement or government agencies

• Unexpected technical issues

• Fraudulent, illegal, or abusive activity

• Extended periods of inactivity

• At our sole discretion

16.2 Effect of Termination

Upon termination:

• Your right to use the Website immediately ceases

• All licenses granted to you immediately terminate

• Sections that by their nature should survive (including Sections 4, 10, 11, 12, 15, 17, 18, 19) continue in effect

• We may delete your account and content without liability

• You remain liable for all obligations incurred prior to termination

16.3 No Refunds

Termination does not entitle you to any refund, rebate, or compensation.

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17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any separate written agreements for services, constitute the entire agreement between you and us regarding the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

17.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer these Terms and all rights and obligations, including to any successor, acquirer, or affiliate, without restriction.

17.5 No Agency

No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms.

17.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, strikes, or telecommunications failures.

17.7 Notices

Notices to you may be provided via email, Website posting, or physical mail at the address you provide. You consent to receive electronic communications and agree they satisfy legal written notice requirements.

Notices to us must be sent to: Mr. Paint Painters Pty Ltd
[Full Address]
Email: [Email Address]

17.8 Headings

Section headings are for convenience only and do not affect interpretation.

17.9 Interpretation

Unless context requires otherwise:

• "Including" means "including without limitation"

• Singular includes plural and vice versa

• Any gender includes all genders

• Reference to a person includes entities, successors, and assigns

• Reference to statutes includes amendments and replacements

17.10 Survival

Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) shall survive.

17.11 Independent Legal Advice

You acknowledge that:

• We have advised you to seek independent legal advice before agreeing to these Terms

• You have had adequate opportunity to review these Terms

• You understand and accept the risks and limitations herein

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18. AUSTRALIAN CONSUMER LAW NOTICE

18.1 Consumer Guarantees

If you are a "consumer" under the Australian Consumer Law:

• Goods and services we supply come with guarantees that cannot be excluded

• You are entitled to a replacement or refund for a major failure

• You are entitled to compensation for other reasonably foreseeable loss or damage

• You are entitled to have goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure

18.2 Limitations

To the extent permitted by law:

• Our liability is limited as set out in Section 11

• We exclude all conditions and warranties implied by custom, law, or statute except those that cannot lawfully be excluded

• Where liability cannot be excluded, it is limited to the extent permitted by law

18.3 Business Consumers

If you acquire goods or services for business purposes:

• Your rights under the Australian Consumer Law may be more limited

• We may limit liability to re-supply or payment for re-supply

• Different limitations and exclusions may apply

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19. COMPLAINTS AND DISPUTES

19.1 Internal Complaint Process

Before commencing legal proceedings, you must:

1. Send written complaint to the address in Section 21

2. Provide detailed description of the issue

3. Allow us 30 days to investigate and respond

4. Attempt good faith resolution

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20. SPECIAL PROVISIONS

20.1 Service Area

Services are primarily offered in Victoria, Australia. References to services in other locations are for informational purposes only and do not constitute an offer or obligation to provide services in those locations.

20.2 Insurance and Licensing

We maintain appropriate insurance and licensing as required by Victorian and Australian law. Details available upon request for legitimate purposes.

20.3 Subcontracting

We reserve the right to engage subcontractors or third parties to perform services without notice to you or your consent.

20.4 Project Photography

We reserve the right to photograph completed projects for portfolio and marketing purposes unless you specifically object in writing prior to project commencement.

20.5 No Guarantee of Results

While we endeavor to provide quality services, we do not guarantee specific results, satisfaction, or outcomes. Your sole remedy for dissatisfaction is as provided in applicable service agreements.

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21. CONTACT INFORMATION

For questions regarding these Terms, contact:

Mr. Paint Painters Pty Ltd
ABN: 92 663 638 999

Registered Office: Cranbourne East, 3977, Victoria, Australia

Phone: +61 434 703 190
Email: sales@mrpaintpainters.com.au
Website: www.mrpaintpainters.com.au

Business Hours:

Monday to Friday: 8:00 AM - 5:30 PM
Saturday: 8:00 AM - 2:00 PM
Sunday: Closed

 

22. ACKNOWLEDGMENT

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT:

✓ You have read, understood, and agree to be bound by these Terms
✓ You have read and understood our Privacy Policy
✓ You have had the opportunity to seek independent legal advice
✓ You accept the limitations, disclaimers, and waivers contained herein
✓ You understand these Terms may change without notice
✓ Continued use constitutes acceptance of changes
✓ You agree to the dispute resolution and governing law provisions
✓ You waive any rights that may be waived under applicable law
✓ These Terms constitute a legally binding contract

IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE.