These terms and conditions apply to the use of this Website and our service. In using this Website and our services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.
In these terms and conditions:
1.1 “Charges” means the charges set out in clause 3.3;
1.2 “Content” means any material and content uploaded to the Website or otherwise provided by you, including but not limited to any floorplans, photographs, diagrams, sketches, video clips and any other audiovisual materials;
1.3 “Interactive Floor Plan” means any floor plan that uses or includes your Content created by us in accordance with these terms and conditions;
1.4 “Renewal Fee” means a fee for renewal of the licence referred to in clause 4.1, being $[ ] or such other amount notified by us from time to time, including where such notification occurs by a notice placed at the Website;
1.5 “Service” means the service provided by us at the Website for the creation of Interactive Floor Plans;
1.6 “we”, “us” and “our” means Robert Hudson t/a iFloorplan;
1.7 “the Website” means our website located at www.ifloorplan.net and unless the context requires otherwise, related services and sites; and
1.8 “you” and “your” are references to you as the user of the Website and the Service.
2.1 In order to be able to upload or access content on this Website, you must register as a user. To become a member, you must complete your registration details in the manner described at the Website. You agree to ensure that your registration details are true and kept up to date and accurate at all times. Upon registration, you will select or otherwise be provided with a password and account designation.
2.2 You must ensure the security and confidentiality of your registration details, including any passwords, user names and other details that you may select or that may be assigned to you. You are entirely responsible for activities and transactions that occur using these details. Your membership and its details are not transferrable to any other person.
2.3 Without limiting any other right or remedy available to us, we reserve the right to suspend or terminate your registration and access to the Website and the Service at any time if you breach these Terms and Conditions.
3. Payment and Charges
3.1 Where your order services from us, you agree to pay for them using PayPal or such other facilities acceptable to as notified on our Website in the manner specified on the Website.
3.2 You may purchase Interactive Floor Plans individually or in bulk.
3.3 The charges applicable to your use of the Service are on the Prices page.
4.1 Subject to receipt by us of your payment of the Charges, we grant you a licence to use and access each Interactive Floor Plan created by us for a period of 365 days from the date that it is activated by us. The licence may be extended for additional periods of 365 days each by you paying a Renewal Fee.
4.2 It is a condition of the licence that you may not falsely represent, expressly or impliedly that you are the original creator of the Interactive Floor Plan.
5. Content you provide
5.1 The responsibility for your Content rests solely with you. You must ensure that and you hereby warrant to us that the Content is accurate, reliable, not misleading, does not breach any third party.s intellectual property rights (including copyright and moral rights under the Copyright Act (1968)(Cth)) and is not otherwise in breach of these Terms and Conditions.
5.2 By uploading, transmitting or posting Content you represent and warrant to us that you are the owner of copyright or have the express permission of the owner of the copyright in the Content and you grant us permission and a royalty-free licence to edit, reproduce, communicate and otherwise use the Content for the purposes for which you have uploaded it to the Website and Service.
6.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
6.2 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept responsibility for any such loss arising out of your or anyone.s else use of or reliance on information contained on or accessed through this Website or through the Service, including any Interactive Floor Plan.
6.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods;
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or;
(iv) the payment of the cost of having the goods repaired;
(b) if the breach relates to services;
(i) the supplying of the services again or;
(ii) the payment of the cost of having the services supplied again.
6.4 In no circumstance will we be liable to you or any third party for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website or the Service.
7. Other Terms
7.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
7.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website or the Service.
7.3 Whilst we have no reason to believe that any particular information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
7.4 Where the information made available on this Website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
8.1 Subject to clause 8.2, we make no claim to ownership of copyright in respect of any Content.
8.2 Copyright in this Website (including the underlying software, the text, graphics, logos, icons, sound and audiovisual recordings) and any Interactive Floor Plan (except to the extent owned by you in accordance with clause 5) is owned by us.
8.3 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
(b) commercialise any information, products or services obtained from any part of this Website;
without our prior written permission.
8.4 You acknowledge and accept that it is not possible or reasonable in the circumstances to provide attribution of the authorship of the Content and we are under no obligation to do so. Further you consent to us adapting and amending the Content as we see fit and appropriate for the purpose of preparing an Interactive Floor Plan and agree to take no action for infringement of moral rights under the Copyright Act (1968) (C.th) in respect of any Interactive Floor Plan or other resulting product.
9. Trade Marks
9.1 “iFloorplan.net” and “iFloorplan” are trade marks owned by us. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including this Website).
10. Restrictions on Use and Conduct
10.1 You must not use this Website:
(a) in breach of any laws or regulations;
(b) to impersonate any person, organisation or entity;
(c) to transmit unsolicited emails/spam;
(d) to defame, abuse, harass, threaten or otherwise harm any person.
10.2 You must not:
(a) upload, post, transmit or otherwise make available on the Website any Content that:
(i) promotes, encourages or provides information about unlawful conduct or activities;
(ii) infringes any third party’s intellectual property rights or breaches confidentiality;
(iii) includes a photograph or other likeness, or personal information of another person without their consent;
(iv) contains pornography, nudity, sexual acts or references;
(v) contains profanities, swearing, or vulgarity;
(vi) is misleading, false or deceptive (whether by representations or omissions);
(vii) contains viruses. worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
11.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website, the Service, a breach of these Terms and Conditions, and any reliance by you or anyone else on any Interactive Floor Plan.
12.1 We reserve the right to immediately terminate this Agreement in the event that you breach or you threaten to breach any of these Terms and Conditions. Upon termination your licence to use and access the Interactive Floor Plan will immediately cease and we may irretrievably delete the same from our system.
13. Linked Websites
13.1 This Website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. 13.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
15. Security of Information
15.1 No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
16.1 Our failure to take action with respect to any breach by you or others do not waive our rights to take action with respect to subsequent or similar breaches.
17. Governing Law
17.1 These terms and conditions are governed by the laws in force in Victoria, Australia.
18. Amendments to Terms and Conditions
18.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent and agreement by you to be bound by the terms and conditions as amended.
19. Acceptance/Return to Website
19.1 To continue use of the Website and the Service, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms and conditions of use.