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Website terms of use and End User Licence Agreement

1. APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) accessing ​ (‘our/the website’).

This website is owned and operated by Propi Pty Ltd trading as Picki ​(‘we/our/us’).

By accessing and using our website you agree to be bound by these terms. We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia.

2. COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register, sign up or input personal information to use our website. When you do this you will provide us with personal information such as your name and email address and any other information we may require. We will handle all personal information we collect in accordance with our privacy policy, available at https://picki.com.au/privacy and the applicable law.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers, mortgage brokers and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

  1. how we store and use, and how you may access and correct your personal information;
  2. how you can lodge a complaint regarding the handling of your personal information; and
  3. how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

3. PRODUCTS AND SERVICES

We offer for sale all products and services listed on our website.

We reserve the right to amend the range and prices of our products and services at any time.

All products and services are subject to availability. We will inform you as soon as possible if the product or service you have ordered is not available.

4. PAYMENT METHODS

We accept payment via the following payment methods:

  1. selected credit cards such as Mastercard, Visa.

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

5. CONTENT

We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, graphic designs, images or any other intellectual property in our website.

By submitting and posting your content on our website:

  1. you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, publish, display and distribute your content;
  2. you consent to us disclosing your content and personal information with our suppliers or any other parties we see fit; and
  3. you consent to us and our suppliers using your personal information to send you information about products and services that we feel may be of interest to you. You can unsubscribe from receiving this information at any time by emailing us at INSERT.

6. COOKIES

We use 'cookies' to provide you with better and more customised service and with a more effective website.

A 'cookie' is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.

We use cookies for different purposes such as:

  1. to allocate a unique number to your internet browsers;
  2. to customise our website for you;
  3. for statistical purposes;
  4. to identify if you have accessed a Third Party Website; and
  5. for security purposes.

7. DELIVERY

ONLINE DELIVERY

Delivery will occur immediately following receipt of payment for online products and services.

We will not be responsible for delivery delays caused by any network or other failure beyond our control including if your software is incompatible or your network protection system blocks delivery.

8. REFUNDS AND RETURNS

Given the nature of our products and services, we do not offer returns or refunds unless required under Australian consumer law. If your product or service is faulty or significantly different to that described on our website, please contact our customer service team. We do not accept returns or provide refunds for change of mind.

Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

9. BOOKINGS AND CANCELLATION

Bookings to use our services will not be effective until confirmed by us.

If you wish to cancel or reschedule the following fees apply:

  1. Less than one days notice of cancellation or rescheduling, a cancellation fee equal to 100% of the cost of the booking will be payable.
  2. Any deposit paid will be forfeited upon cancellation and will be used to satisfy the cancellation fee payable, or part thereof.
  3. A cancellation fee will apply regardless of whether a deposit has been received.
  4. If a booking is cancelled by us, no cancellation fee will be payable and you may reschedule or receive a full refund.

10. INTELLECTUAL PROPERTY

Our website and its content including our products and services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

11. DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

By continuing to use our website and services, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided by our website and services is at your own risk.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third party linked websites and have no control over or rights in third party linked websites.

12. ACCEPTABLE USE POLICY

You must not use our website in any way that we deem to be inappropriate or unlawful, including but not limited to:

  1. any breach of privacy or any infringement upon the legal rights of any other person;
  2. defamation;
  3. uploading any virus, malware or other malicious software;
  4. posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable.

13. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

14. GENERAL

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

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