Terms & Conditions — The Bathroom Guide

Design Review Service – Terms and Conditions

These Terms and Conditions (Terms) govern your use of our service offered by Fasters Digital Pty Ltd (ACN 669 850 373) as trustee for Fasters Digital Trust (ABN 57 480 736 253) trading as The Bathroom Guide (ABN 83 642 602 649) (we, us, our), and form a binding contractual agreement between us, and you.

Our privacy policy (Privacy Policy), other terms and conditions and any notices and consents also form part of the agreement with you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at info.thebathroomguide@gmail.com before engaging our services.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.

1 DEFINITIONS

1.1 Customer Material means material you provide us in order for us to perform our Services, including but not limited to drawings, photographs etc.

1.2 Contractor Works means works created by the third party contractor we engage to assist in the provision of our Services to you.

1.3 Existing Materials means materials, including, but not limited to, our works, work methodology, reports, ideas, concepts, designs, inventions, developments, improvements, stock photography licences, licences to third party service providers, licensed software, accounts belonging to us or created for other clients, systems, other materials, information, sources, programs, created, made or discovered by us prior to providing our Services to you or outside the scope of our Services that we use or supply in the course of the provision of our Services.

1.4 Final Package Document means the document we provide to you in connection the Services which includes our specific advice and a compilation of the floor plans and interior design brief.

1.5 Purchase Form means the form you are required to fill out here in relation to our Services.

1.6 Scope means the scope of our suggested changes which we provide in response to the information you provide to us via the completion of the Purchase Form.

1.7 Services means provision of the following:

(a) bathroom design review, including our suggestions for new bathroom renovation layouts, including three-dimensional model creation;

(b) interior design review, including our suggestions for interior design including three-dimensional model creation;

(d) bonus PDF guides (not customised to your bathroom);

(e) any other Services offered by us in the future.

1.8 Updated Review means a further review of your layout and/ or three-dimensional design as provided for in the Final Package Document.

2 ACCEPTANCE OF TERMS

2.1 By paying any amount to us in respect to the Services or otherwise instructing us to proceed with the Services in writing, you acknowledge that you have read and understood the Terms and agree to be bound by them, and all our other policies.

3 VARIATIONS TO TERMS

3.1 We reserve the right to update and change these Terms from time to time without notice.

3.2 You will be subject to the Terms in force at the time when you engage our Services, unless agreed otherwise by both parties in writing.

4 ADDITIONAL WORK

4.1 After we provide our Services, you may request an Updated Review.

4.2 The Updated Review fee is $87.00 and will be payable in accordance with these Terms.

4.3 Any Updated Reviews must be requested in writing via the completion of a further Purchase Form and not via email to us.

4.4 You are required to outline the required review scope as part of your submission of the Updated Review.

5 GENERAL DISCLAIMER

5.1 We provide the Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the content provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy of the content or information provided by us.

5.2 It is your responsibility to independently verify the content and information provided by us.

5.3 None of the information or content provided by us are a promise or guarantee of results or future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically for you and/ or your business.

5.4 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.

5.5 Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

5.6 We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.

5.7 You acknowledge and agree that any results to be attained by you are dependent upon you solely.

6 SERVICE SPECIFIC DISCLAIMERS

6.1 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of our Services.

6.2 You understand and acknowledge that our Services are informational in nature and are intended to provide you with visual and aesthetic advice in relation to your layout. Our Services should not be construed as constituting any form of construction advice in relation to your property.

6.3 Without limiting the generality of clause 6.2, a reference to “construction advice” includes, and is without limitation:

(a) any advice in relation to any structural limitations; and/ or

(b) any advice in relation to building codes, regulations and/ or development restrictions which may be applicable to your property.

6.4 You accept and acknowledge that you are solely responsible for disclosing any information which may restrict your ability to undertake certain works in relation to your property. you understand that we cannot provide our Services to a complete standard where you fail to inform us of any structural limitations which may apply.

6.5 We provide support, guidance and tools for you to set achieve results, but any decision you make, and the consequences that flow from such decisions, are your sole responsibility. Your success depends on many factors, including the performance of third parties.

6.6 You acknowledge and agree that we aim to equip you with tools, advice and design ideas for your own navigation, implementation, development and use. Before acting on any recommendations you receive in connection with our Services you acknowledge and agree to seek such other independent professional advice as required. We exclude any and all liability associated with your failure to seek that advice.

6.7 You acknowledge that our Services are delivered based on instructions, information and/or material provided by you and you acknowledge and agree that we are not responsible if those instructions, information and/or material contain errors or poor quality images which are incorporated in the materials we deliver to you as part of our Services.

6.8 We rely on third parties to supply three dimensional models in accordance with the information you provide us, therefore, do not warrant the quality and/ or accuracy or any third party material and services.

7 PURCHASE FORM

7.1 Before you purchase our Services, you must complete a Purchase Form.

7.2 You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your information.

7.3 The Purchase Form will require you to provide personal information such as your name, email and home address. We may ask you to provide a form of identification to verify your identity. We will treat such information strictly in accordance with our Privacy Policy.

7.4 To complete the Purchase Form, you will also be required to provide us with the following information in order for us to provide our Services to you:

(a) illustration and/ or diagram including dimensions and measurements of your current bathroom;

(b) images of your current bathroom;

(d) design notes of your wishes and expectations; and

(e) images of your ideal bathroom styles and other inspiration.

7.5 Any communication(s) and requests for any Services must occur through the Purchase Form and not via direct email to us.

8 OUR PROCESS

8.1 Following your completion of the Purchase Form and your payment for the Services:

(a) we will review your layout and provide a note for our Scope, including the provision of an interior design brief to you;

(b) we will send the Scope to our third party contractor, including our advice;

(d) we will then collate all the files and amalgamate them into a Final Package Document, which includes our own advice to you.

8.2 Following payment of the Services being received in full, we will endeavour to provide the Services to you within 7-10 business days. You acknowledge that our Services depend on the information you provide in the Purchase Form as being complete as at the time of submission.

8.3 The quality of the Services we provide to you is greatly dependent on the level of detail and accuracy of the information you include within the Purchase Form.

8.4 Our process does not change for international customers other than to accommodate international payment and delivering our services internationally.

9 FEES

9.1 The fees for our Services (Fees) are as indicated on our product page.

9.2 All Fees for our Services are in Australian Dollars (AUD).

9.3 All Fees are exclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.

10 PAYMENTS

10.1 You are required to pay us the Fees as a one-off payment for our Services before we provide the Final Package Document.

10.2 We may process our payments via Stripe, Square or Afterpay.

10.3 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

10.4 You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.

11 YOUR OBLIGATIONS

11.1 During the delivery of our Services, you agree to:

(a) respond promptly to our communications in relation to the Services;

(b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services;

(d) act in good faith.

11.2 When providing our Services, we may request that you provide us with responses, feedback, additional completed forms, copy content, images and other information so we can best deliver our Services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you or our Services being provided in delay.

12 INTELLECTUAL PROPERTY RIGHTS

12.1 Intellectual Property Rights and Licence

You agree that:

(a) you will own all rights in and to the Customer Materials. You agree that you provide us with a non-exclusive, royalty free, irrevocable and sub-licensable licence to use the Customer Material for the purposes of providing our Services;

(b) you also accept that the licence referred to at clause 12.1, includes permission for us to use the Customer Materials for advertising and marketing purposes;

(c) we will grant you a non-exclusive, royalty free, revocable licence to use the Contractor Works for your own non-commercial purposes;

(d) we also grant you a non-exclusive, royalty free, revocable licence to use the Final Package Document for your own non-commercial purposes;

(e) we retain ownership over the Existing Materials and you acknowledge that you do not acquire any ownership rights by using the Existing Materials.

12.2 This clause 12 survives termination or expiry of these Terms.

13 TRADE MARK NOTICES

13.1 The trade marks, logos, and service marks displayed on any documents we provide you to denote our brand are either registered or unregistered trade marks of ours (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

13.2 Nothing concerning the provision of our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.

13.3 You agree that damages or an account of profits may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of our intellectual property rights.

13.4 This clause 13 survives termination or expiry of these Terms.

14 RIGHT TO SUSPEND, TERMINATE AND REFUND

14.1 We reserve the right to suspend or terminate your use of our Services generally if you breach these Terms, as determined by us in our sole discretion.

14.2 Either party may terminate the Services by providing 2 days’ notice to the other party.

14.3 If you terminate our Services early (prior to Services being delivered), you acknowledge and agree that you are entitled to only a 50% refund.

14.4 If we terminate the Services early, we acknowledge and agree that you are entitled to a refund at an amount subject to our sole discretion.

14.5 Should clause 14.3 or 14.4 not apply, refunds are not provided other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth).

15 NON-EXCLUSIVITY

15.1 You acknowledge and agree that we may at all and any times provide our Services to other clients in the same or similar industry as you.

15.2 We do not provide our Services on an exclusive basis.

15.3 We will however endeavour to protect the confidential information you provide us and in accordance with our Privacy Policy.

16 DISCOUNTS, PROMOTIONS AND OFFERS

16.1 From time to time, we may offer the opportunity to purchase our Services at a discounted or promotional price, subject to these Terms.

16.2 Any discounts, promotions and offers will be confined to the time period and any additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as communicated to you by us.

17 LIABILITY IS LIMITED

17.1 We provide the Services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

17.2 Without limiting the generality of clause 17.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services. This includes, without limitation, any reliance by us on the information provided to us by the third party contractor we engage to assist in supplying our Services, or your provision of the Customer Materials.

17.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

17.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

17.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

17.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

17.7 This clause 17 applies to the fullest extent permitted by Law and shall survive termination or expiry of these Terms.

18 INDEMNITY

18.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our Services (including your provision of the Customer Materials to us, and our reliance on the information contained therein)

(b) any claim made against us or you by a third party arising out of or in connection with the provision of our Services and/or these Terms;

(d) any reliance by you or a third party on our Services or any advice or information provided in connection with the provision of our Services and/or these Terms; and

(e) the enforcement of these Terms.

18.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

18.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information provided during the provision of our Service.

18.4 This clause 18 survives the termination or expiry of these Terms.

19 NO DISPARAGEMENT

19.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our Services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

19.2 Should you breach this clause, you hereby indemnify us in accordance with clause 18 above.

20 FORCE MAJEURE

20.1 We will not be in breach of these Terms or liable to you for any Loss as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

20.2 If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

20.3 On providing the notice in the above clause 20.2, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

20.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

20.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(d) epidemic, pandemic, health emergencies, disease;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and

(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however does not include a lack of funds.

20.6 References to Loss in this clause 20 means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

21 SEVERABILITY

21.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

22 NO ASSIGNMENT

22.1 You cannot transfer or assign your rights in accordance with these Terms without our prior written consent.

22.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

23 SUB-CONTRACTING

23.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.

24 BINDING ON SUCCESSORS

24.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

25 DISPUTE RESOLUTION

25.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

25.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

25.3 In the case of claims against us, all notices are to be provided to info.thebathroomguide@gmail.com.

25.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

25.5 Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties.

(b) The chosen mediator shall determine the procedures for mediation.

25.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

25.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

25.8 Despite the existence of a dispute, the parties must continue to comply with their obligations under the contract.

25.9 This clause 25 survives termination or expiry of these Terms.

26 APPLICABLE LAW

26.1 These Terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland, Australia to determine any matter or dispute which arises between us.

27 YOUR FEEDBACK

27.1 We welcome enquiries or feedback. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

27.2 If you have questions or comments regarding our Terms or Services, please email us at info.thebathroomguide@gmail.com.

Design Review Service – Terms and Conditions

THE BATHROOM GUIDE