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WEBSITE TERMS AND CONDITIONS OF USE

 

1. Acceptance of the Terms

(a)   You accept the Terms by remaining on the Website.

 

2. Registration to use the Services

(a)  As part of your continued use of the Services, you may be required to provide personal information
      about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(b)  You warrant that any information you give to Perth Relocation Specialists in the course of
      completing the registration process will always be accurate, correct and up to date.

(c)  You may not use the Services and may not accept the Terms if: you are not of legal age to form a
      binding contract with Perth Relocation Specialists; or you are a person barred from receiving the
      Services under the laws of Australia or other countries including the country in which you are
      resident or from which you use the Services.

3.  Where the option is given to you, you may make payment for the Services (Services Fee) by way of online
     payment providers:

(i) Credit Card Payment (Credit Card)

(ii) PayPal (PayPal)

(iii) Stripe

 

4.  All payments made in the course of your use of the Services are made using online payment providers. In
    using the Website, the Services or when making any payment in relation to your use of the Services, you 
    warrant that you have read, understood and agree to be bound by the providers terms and conditions
    which are available on their website.

 

5.  You acknowledge and agree that where a request for the payment of the Services Fee is returned or
    denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you
    are liable for any costs, including banking fees and charges, associated with the Services Fee.

 

6. Refund Policy

Perth Relocation Specialists will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the Director/s of Perth Relocation Specialists makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

7. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Perth Relocation Specialists are subject
     to copyright. The material on the Website is protected by copyright under the laws of Australia and
     through international treaties. Unless otherwise indicated, all rights (including copyright) in the
     Services and compilation of the Website (including but not limited to text, graphics, logos, button
     icons, video images, audio clips, Website code, scripts, design elements and interactive features) or
     the Services are owned or controlled for these purposes, and are reserved by Perth Relocation
     Specialists or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Perth
     Relocation Specialists, who grants to you a worldwide, non-exclusive, royalty-free, revocable license
     whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

Perth Relocation Specialists does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Perth Relocation Specialists.

(c) Perth Relocation Specialists retains all rights, title and interest in and to the Website and all related
    Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(d)  You may not, without the prior written permission of Perth Relocation Specialists and the permission
      of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,
     distribute, show or play in public, adapt or change in any way the Services or third party Services for
     any purpose, unless otherwise provided by these Terms. This prohibition does not extend to
     materials on the Website, which are freely available for re-use or are in the public domain.

 

8. Privacy

(a) Perth Relocation Specialists takes your privacy seriously and any information provided through
     your use of the Website and/or Services are subject to Perth Relocation Specialists' Privacy

    Policy, which is available on the Website.

 

9. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions
     implied or imposed by law, including the Australian Consumer Law (or any liability under them)
     which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i)  all terms, guarantees, warranties, representations or conditions which are not expressly
     stated in the Terms are excluded; and

(ii) Perth Relocation Specialists will not be liable for any special, indirect or consequential loss
      or damage (unless such loss or damage is reasonably foreseeable resulting from our failure
      to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to
      goodwill arising out of or in connection with the Services or these Terms (including as a
      result of not being able to use the Services or the late supply of the Services), whether at
     common law, under contract, tort (including negligence), in equity, pursuant to statute or
     otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided
     to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors,
     officers, employees, agents, contributors and licensors of Perth Relocation Specialists make any express or
     implied representation or warranty about the Services or any products or Services (including the products or
     Services of Perth Relocation Specialists) referred to on the Website. This includes (but is not restricted to) loss or
     damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in
    operation or transmission, computer virus or other harmful component, loss of data, communication
    line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to
     records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its
     Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Perth
     Relocation Specialists; and

(iv) the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

(a) Perth Relocation Specialists's total liability arising out of or in connection with the Services or these Terms,
     however arising, including under contract, tort (including negligence), in equity, under statute or otherwise,
     will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Perth Relocation Specialists, its affiliates, employees, agents,
      contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential
     or exemplary damages which may be incurred by you, however caused and under any theory of liability.
     This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of
     goodwill or business reputation and any other intangible loss.

11. Indemnity

(a) You agree to indemnify Perth Relocation Specialists, its affiliates, employees, agents, contributors, third party
     content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal
    fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your

    content;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or
    attempts to do so; and/or

(iii) any breach of the Terms.

 

12. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b)    Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c)   Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i)   Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by
      negotiation or such other means upon which they may mutually agree;

(ii)   If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been
       resolved, the Parties must either agree upon selection of a mediator or request that an
       appropriate mediator be appointed.

(iii)  The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of
       the venue of the mediation and without limiting the foregoing undertake to pay any amounts
       requested by the mediator as a pre-condition to the mediation commencing. The Parties must
       each pay their own costs associated with the mediation;

(iv)  The mediation will be held in Perth , Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

The Services offered by Perth Relocation Specialists is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

 

14. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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