Terms & conditions

Introduction

Welcome to the website and as you use this website, we consider you agree to the terms and conditions that govern the use and users of this website and that you fully accept those terms and conditions too; both in full and in part. Just in case, for any reason, you do not agree to even a part of these terms and conditions, we do not recommend you to use this website for any reason what-so-ever. We expect that users of our website are 18 years old or above and by using this website, you declare to be qualified to use this website and are fully aware of your legal and social responsibilities. You should know that we use cookies in our website and as you use this website, you agree to the use of cookies by Promotional Flags and Banners according to the terms of our cookies policy / privacy.

License for using website

Unless we state expressly, we and our licensors legally own the rights towards intellectual property in this website and also the material available on the website. Subject to the license given below, we reserve the rights of all our intellectual property rights.

You can download for caching only, or just view and may print these pages or other website content for your personal use while certain restrictions are applied as below as well as elsewhere within the following terms and conditions.

You ARE NOT permitted to:

  • republish this website material which includes republishing the same on some other website too.
  • sub-license, rent or sell material from this website.
  • show or exhibit any of the content or material from the website in public;
  • copy, reproduce, duplicate or otherwise use this website material for any commercial use or gain
  • modify or edit any part of website or material therein
  • distribute or redistribute the website material except the material or content that is specifically and expressly permitted and made available for purposes of redistribution. As and when such redistribution is permitted, it is only intended for redistribution in organization only.
  • use of this website in a way that might cause or damage the website or impair the accessibility or availability of the website; or do anything else that is harmful, fraudulent, illegal or unlawful or has connection with any such act that is harmful, fraudulent, illegal or an unlawful activity or purpose.
  • use this website for copying, storing, hosting, transmitting, sending, using, publishing or distributing any of the material that is linked to or consists of any spyware, Trojan horse, computer virus, worm, rootkit, keystroke logger, or any other malicious software meant for computer.
  • conduct any of the automated or systematic data collection work like data mining, scraping, data harvesting and/or data extraction regarding this website without our express and written permission or consent.
  • using this website for transmitting or sending unsolicited commercial mails or other communications.
  • use of this website for marketing without our express permission and written consent.

Access may be restricted

We may, at any point of time, allow the restricted access to certain parts or whole of the website as we reserve the right for such restriction to any or all areas and parts of this website at our free discretion. In case we provide you or any of your associate or authorized agent with some user ID and/or password enabling you for accessing some or all restricted areas of the website or any part or other services or content, it is your responsibility to ensure the safety and confidentiality of that information. We are at liberty to disable your or any other password or user ID in any area of this website at any time at our sole discretion and without giving any notice or any sort of explanation or information.

User content

This would mean the material or content (includes all sort of text, audios, images, videos or audio-visual content that a user may upload or submit to this website, for any of known or unknown purposes. You hereby grant to us a worldwide, non-exclusive, irrevocable and royalty-free license for using, reproducing, adapting, publishing, translating and distributing the same content in any present or future media.

You also grant to us the right for sub-licensing these rights, as well as the right for bringing an action in respect of the infringement of those rights.

The user content submitted by you must not be unlawful or illegal, must not be in a position to give rise to any sort of legal action whether against you or us or may not be able to infringe legal rights of any third party under any law applicable.

The user must not submit any of the user content to this website has ever been having the subject of any sort of legal or actual or threatened or other complaint or similar nature. We, by all means, reserve the right for editing or removing any material or content that is ever submitted to this website, or placed, saved or stored on our servers, or published or hosted upon this website.

Notwithstanding our rights governed by these terms and conditions related to user content, we do not undertake to monitor the receiving of such content to, or cause the publication of that content on, this website.

We do not provide any warranties

This services and this website is hereby provided “as is” with no warranties or representations whether express or implied. We make no warranties or representations in connection with this website or even the material, content or information provided on this website.

Without any prejudice to the generality of the above mentioned paragraph, we do not warrant that:
– This website will remain active and be constantly available at all; or
– The information made available on this website is true, complete or accurate or not-misleading.

There is nothing on this website that constitutes, or is even meant to constitute, any advice of any type. In case the user or you need advice in related to any financial, legal, or some ethical or medical matter you must choose to consult an a qualified professional.

Assurance for Limitations of Our Liability

We will not be held liable to any user or you under any law whether the law of contact or the law of torts or otherwise in regarding the contents of, or using of, or otherwise related with, this website:
-To the scope that the website is made available free-of-charge, for any special or direct loss;
– For any indirect or consequential loss; or
– For any loss incurred to real or anticipated business, income, savings, revenue, contracts, business relationships, reputation, goodwill, or loss/corruption of data or information.

These limitations regarding our liability are applicable even if we have been impliedly or expressly advised of any type of potential loss.

Exclusions

Nothing mentioned in this website disclaimer will limit or exclude any assurance or warranty as may be implied by law that it likely to be illegal to limit or exclude and nothing mentioned in this website disclaimer will be able to limit or exclude our liability in regard of any:
– Personal injury or even death caused by our negligence if any;
– Fraudulent misrepresentation or fraud on our part; or
– Matter which it is likely to be unlawful or unlawful for us to limit or exclude, or to purport or attempt to limit or exclude, our liability.

Being Reasonable

As you use this website, you admit to agree that the limitations and exclusions of liability as have been set out in this disclaimer of website are reasonable.

In case you think or feel that the above statements are not reasonable, then we do not agree with you using this website.

Other parties to Declaration

You agree that, as being one of the limited liability entities, we have an interest in putting limits to the personal liability of our employees and officers. You also agree to restrain yourself from bringing any claim that is personally against our employees or officers in regarding any losses you may suffer in relation to this website.

Without prejudice to the above paragraph, you also agree that limitations of liability(ies) and warranties set out in this disclaimer of this website will be protecting our employees, officers, agents, successors, subsidiaries, sub-contractors, assigns and the owners of this website too.

Provisions regarding Unenforceable

In case any provision mentioned in this disclaimer of website is, or may be found to be, not-enforceable or unenforceable under the law in force, that situation will not be affecting the enforceability of any or all the other provisions mentioned in this website disclaimer.

Indemnity

You hereby indemnify us and undertake to keep us all indemnified against any expenses, liabilities, costs, damages and losses without limitation of legal expenses and any other amounts paid by us to a third party for the settlement of a claim or some dispute on our advice or the advice of our legal advisers incurred or might have suffered by us arising out of one or more breaches by you of any of the provision of these business terms and conditions.

Terms and conditions breaches

Without any prejudice to our other rights as per these terms and conditions, in case you breach the terms and conditions for any reason, we will be at liberty to take any action as we deem proper to deal with your breach, including stopping your access to this website, thus to prohibit you to access the website, blocking the computers by using your own or the IP address provided to us from accessing this website and / or by contacting your area internet service provider to advise to block or cause to block your access to this website or/and to bring appropriate court proceedings as may be applicable against you

Revision of terms and conditions

We are open to revise these terms and conditions at any point of time. The terms and conditions as may be revised will be applicable to the use of this website as of the date of the publication of those revised terms and conditions on this website. It is your responsibility to check this page as regularly as you feel proper so be sure to be familiar with the applicable version of terms and conditions.

Assignment

We may transfer or sub-contract or even otherwise deal with our rights or/and obligations according to these terms and conditions without any notice to you or without obtaining consent from you. This way, you are not expected to sub-contract or transfer, or otherwise deal the rights you might have or/and obligations according to these terms and conditions.

Severability

In case a provision or a part thereof from these terms and conditions is declared by any authority or court to be unlawful or/and not-enforceable by law, rest of the provisions will definitely continue in effect. In case any unlawful or/and not-enforceable provision would become lawful or enforceable if any part of it were scrapped, that part will be likely to be deleted, while the rest of the remaining provision will be continuing in effect.

The agreement in entirety

These terms and conditions make and build the entire agreement as agreed between you and us regarding your intended use or use of this website, and this supersedes all of the previous agreements regarding your using this website.

“Services” means all products as well as the services that are ordered by you using a free trial or through an Order Form as has been made available by us online. This also includes the associated components available offline as may be described elsewhere in the Documentation.

“You” means the user of website or our intended client or the confirmed client or the person or agent working on your behalf. “You” or “Your” would mean the company or any other legal entity for which you accept this Agreement, and those Affiliates or agents of that entity or company.

“User” means any individual who has been or supposed to be authorized by You to use our services or facilities or products for whom You have made the order for the purchase of our services and products and the person to whom You or We at Your request have provided a user ID and password. In case of “Users”, it may be Your employees, your agents or your consultants, your contractors, and those third parties with whom You might transact business.

“We,” “Us” or “Our” means Promotional Flags and Banners, our officers and employees and agents authorized to work on our behalf.

Jurisdiction and Law

The law in Australia will govern and interpret the terms and conditions, and any of the disputes regarding these terms and conditions will remain subject to the jurisdiction exclusive to the courts of Australia.

Details of Company:

Promotional Flags and Banners is hereby declared by the full name of Petejode Pty Ltd being Trustee for the Lewis Family Trust Trading as Flags and Banners.

The company is registered in Toowoomba Queensland Australia as per registration number ABN 50 271 586 003

Our registered address is : Wiemers Crescent, Centenary Heights QLD, AUSTRALIA 4350

Our contact by email is : info@promotionalflagsandbanners.com.au