THESE TERMS OF USE (“TERMS”) ARE AN AGREEMENT BETWEEN YOU AND MARCHANT AND SONS PAINTING INC. (“MARCHANT AND SONS PAINTING ”) THAT GOVERNS YOUR RIGHT TO ACCESS AND USE THIS WEBSITE AND RELATED SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SERVICES. BY USING OR ACCESSING THIS WEBSITE OR THE RELATED SERVICES YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ASSENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR RELATED SERVICES. MARCHANT AND SONS PAINTING CAN REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING, AND YOUR USE OF THIS WEBSITE AFTER SUCH CHANGE SIGNIFIES YOUR ACCEPTANCE OF THE CHANGED TERMS. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES.
Welcome to www.Marchantandsonspainting.com.au (our “Website”). The Website is an online portal where individuals and businesses can schedule, book, and pay for paint and painting services. The Website allows you to submit a request for painting services (“Painting Services”) and then generates a work order (the “Work Order”) containing the details of the proposed project (number of rooms, room types, extras, specifications, etc.) (the “Project”). Marchant and Sons Painting communicates the Work Order to third party painters (“Painters”) who have expressed a desire to obtain leads from Marchant and Sons Painting . If the Painter accepts a request, the Service notifies you and provides information regarding the Painter and the terms under which the Painter will provide the Painting Services to you (the “Painting Contract”). All services provided by Marchant and Sons Painting to you by means of your use of the Website are hereafter referred to as the “Service”. By using the Website or the Service, you agree to the following Terms:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Marchant and Sons Painting and Marchant and Sons Painting is not responsible for the contents or privacy policies of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Marchant and Sons Painting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Marchant and Sons Painting of the site or any association with its operators.
Certain services made available via the Website are delivered by third party sites and organizations, such as the Painting Services which are provided by third party Painters and payment processing which are provided by the Payment Processor. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that Marchant and Sons Painting may share such information and data with any third party with whom Marchant and Sons Painting has a contractual relationship to provide the requested product, service or functionality, including sharing your personal information with Painters in connection with soliciting Painters to complete your Project.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Service strictly in accordance with these Terms. This license does not include any resale or commercial use of the Website or its contents; any reverse engineering of the Website or Service; any derivative use of the Website or its contents; or any downloading or copying of such information for the benefit of another merchant, user or service. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine, monitor or systematically scrape or extract data from the Website. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of the Website are expressly prohibited without the written consent of Marchant and Sons Painting and any copyright owner from whom we have obtained a license.
As a condition of your use of the Website, you warrant to Marchant and Sons Painting that you will not use the Website or Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Site.
All content included as part of the Website and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Marchant and Sons Painting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not delete or alter any proprietary rights or attribution notices in any content.
Marchant and Sons Painting reserves the right, in its sole discretion, to change the Terms under which the Website and Service may be used by updating this posting, and your use after such change signifies your acceptance of the changed Terms. The most current version of the Terms will supersede all previous versions. Marchant and Sons Painting encourages you to periodically review the Terms to stay informed of our updates.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Marchant and Sons Painting as a result of these Terms or use of the Service. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Marchant and Sons Painting ’s failure to enforce any part of these Terms will not be considered a waiver. You will not transfer any of your rights or obligations under these Terms to anyone else without Marchant and Sons Painting ’s consent.
Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Marchant and Sons Painting with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Marchant and Sons Painting with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.