WEBSITE TERMS & CONDITIONSV1.2Open Plan Living Pty Ltd t/aLeadForce Systems
- In these terms and conditions, “we” “us” and “our” refers to Open Plan Living Pty Ltd t/a LeadForce Systems (ACN 075 211 737). Your access to and use of all information on this website, https://leadforcesystems.com.au (the “Site”), including browsing, or purchase of our product(s) and/or service(s) on the Site is subject to the following terms and conditions.
- We reserve the right to amend these terms and conditions at any time and your use of the Site following any amendments will represent your agreement to be bound by these terms and conditions as amended. Only if you have an account with our platform will you be notified via e-mail when we amend the Site terms and conditions. If you do not have an account with us, we recommend that each time you access the Site you read these terms and conditions as changes may be frequently made.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will enter in your own username and password.
- We reserve the right to terminate your registration at any time if you breach the terms and conditions set out on this page.
- Our services are intended to be used by registered users in the Australian and New Zealand region only.
OUR WEBSITE SERVICES
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page, and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- On registration you agree to pay for our services as set out on our website.
PRODUCT & SERVICE DESCRIPTIONS
- We strive to ensure that our products and services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- We supply and despatch products to customers within Australia through a third-party printing company.
- We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.
- We work with the third-party printing company to create a customised quote for your business needs, therefore the accuracy of the order, its price and detail all depend on information that you provide to us. It is your responsibility to ensure all the details provided to us is accurate, up to date and not in breach of any laws in Australia or New Zealand as the case may be.
- When you order from us, we require you to provide your name and/or business name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- Before your order is sent for processing, you will have one final opportunity to review and accept or reject the print preview of the products. Once you accept the preview, you warrant that you have accepted the design, style, and look of the product unconditionally. If you reject it, you have the opportunity to amend and change any part of the design until you decide to make your purchase. We do not accept responsibility for any mistakes on the design if you have accepted it in that state.
- We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that the third party printing company do not currently have that product in stock or are unable to supply the requested products.
- Delivery of your ordered product/s will be sent to you in an email confirmation after you have placed an order with us. Title in the goods passes to you when we have received payment, except for any trademark licence that may be entered into now or in the future between you and Lead Force Systems Pty Ltd.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
- It is your responsibility to ensure that the shipping address is correct, we do not assume any liability if the product/s you order are shipped to the wrong address.
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
INCORRECT OR FAULTY PRODUCTS
- If you consider that the products that are delivered to your shipping address are incorrect or faulty, you may email firstname.lastname@example.org with details of your purchase and a picture of the delivered product(s) as proof of the fault or inaccuracy. We will assess your claim and if we accept that incorrect or faulty products have been delivered to you, we will issue to you a replacement product or products to remedy the issue.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are not permitted to download a copy of the information on this website to your computer for your personal use.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- This website may from time to time contain hyperlinks to other websites not associated with us. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
INTELLECTUAL PROPERTY RIGHTS
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission or agreement.
STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS
- Schedule 2 of the Competition and Consumer Act 2010 (“CCA”) defines a consumer. Under the CCA we are a supplier of either goods or services or both to you, and as a consumer the CCA gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- Those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the CCA of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the CCA you may be entitled to receive from us notices under Schedule 2 section 103 of the CCA. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the CCA and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the CCA.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
LIMITATION OF LIABILITY
- If you are not a consumer within the meaning of Schedule 2 of the CCA then this clause applies to you. If you are a consumer within the meaning of the CCA then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- The Site and its content are provided without any representations, endorsements, or warranties that you will successfully obtain work from potential clients. Lead Force Systems Pty Ltd is a client focused integrative business which works with you to generate leads and raise awareness of your business through our services and products but converting the leads that we give you into jobs is your sole responsibility.
- Lead Force Systems Pty Ltd creates customised and tailored services for your business based off the information provided by you, therefore we are highly dependent on the information that you provide to us and its accuracy to be able to assist you generate genuine and appropriate leads.
- If you provide information to us that is incorrect which results in any legal consequences, or if you breach any part of these terms and conditions or any other agreement that may be signed now or in the future between you and Lead Force Systems Pty Ltd, you agree that you will indemnify Lead Force Systems Pty Ltd in the event that we incur any expenses in defending same, and we reserve the right to immediately revoke any licence and/or terminate any agreement.
- These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- You are obligated not to share in any way, whether that be via sale or not, any details of the leads that are obtained by us for your benefit. The leads that you gather using our licences and branding services is subject to privacy, and you undertake not to infringe any personal privacy rights of these entities. In the event that you do breach this clause, you will indemnify Lead Force Systems Pty Ltd if it is the subject of any legal proceedings as a result.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- These Terms and Conditions apply to your general use of our Website, all transactions made by you on our Website and/or transactions pursuant to any orders placed with Leadforce and all other agreements that may be executed between Leadforce and you now or in the future.
Last updated: 27 March 2023.