Terms and Conditions

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Terms and Conditions

This Site is operated and owned by Griffin Special Projects Pty Ltd ACN 145 025 912 trading as Two Griffins (“Two Griffins”). Your access to and use of the Site is subject to these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.

  1. Definitions

In these Terms and Conditions the following words and phrases shall have the following meanings, unless the context otherwise requires:

  • “Client” means a person to whom the Services are provided to;
  • “Commencement Date” means the date we agree to commence the provision of the Services to you;
  • “Confidential Information” of a party means all information (in any form):
    • relating to or arising from the Services we provide to you which is identified by the party owning the information as being confidential or should be reasonably known to be confidential; or
    • that a party claims as confidential and marks as confidential at the time of disclosure;

but does not include information that:

  • is or becomes independently developed or known by the other party through no breach of these Terms and Conditions by that party; or
  • becomes publicly available without breach of these Terms and Conditions; or
  • is disclosed under a statutory duty of disclosure or otherwise by law;
  • “Fee” means the fee in respect of the Services which is quoted by us to you;
  • “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, business and domain names and other results of intellectual activity related to or connected with the Site or the Services;
  • “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
  • “Related Entity” has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
  • “Services” means any services provided to you by Two Griffins, including the provision of the Site;
  • “Site” means www.twogriffins.com.au and all parts and pages of it;
  • “Term” means the term during which the Services are provided, which commences on the Commencement Date and ends on the date these Terms and Conditions are terminated in accordance with the terms set out herein;
  • “Two Griffins” means Griffin Special Projects Pty Ltd ACN 145 025 912 trading as Two Griffins;
  • “us” means Two Griffins and ‘we’ or ‘our’ shall be interpreted accordingly;
  • “you” means the person or entity that accesses the Site and ‘your’ shall be interpreted accordingly.
  1. Access
    • The Site is available only to, and may only be used by, individuals who can form legally binding contracts under the applicable law. If you do not qualify, please do not use our services.
    • In order to use this Site, you require the equipment and connections necessary to access the World Wide Web. Without limitation, you are responsible for:
      • the provision of any such connection or access to the World Wide Web;
      • the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
      • the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
  1. Provision of the Services
    • We will provide you with a quote to provide you with the Services. Unless otherwise stated, this quote is an estimate only and is subject to change depending on the scope of the Services and if additional Services are requested.
    • Whilst we do our very best to ensure that any prices shown on the Site are at all times accurate, we will confirm during the acceptance process of an order for the Services whether the price shown on the Site is the correct price, and if it is not the correct price we will contact you and ascertain whether or not you wish to continue to proceed with the Services at the correct price.
    • We will provide you with the Services at the times mutually agreed by us.
    • We will endeavour to provide you with the Services in accordance with any deadlines agreed to by us, however you acknowledge and agree that any deadlines we have agreed to are non-binding on us and are subject to change. We will use all reasonable endeavours to give you notice of any delays that we foresee.
  2. Payment
    • The terms of payment will be as specified on our quote to you, or if no time for payment is specified, within 14 days of you receiving our invoice. We will issue our invoice following completion of the Services, or at the times otherwise notified by us.
    • We may require you to pay any travel and other expenses incurred by us in providing the Services (“Incidental Expenses”). These Incidental Expenses must be agreed to be paid by you in writing prior to their incursion and evidence of such Incidental Expenses is to be provided to you by us on request.
    • Incidental Expenses are payable by you within 14 days of receipt of an invoice from us.
    • Unless otherwise stated, our Fee and any other amounts payable by you to us under these Terms and Conditions is to be increased by any goods and services tax payable on the supply of the Services.
    • Unfortunately due to the nature of the Services, to the extent permitted by law our Fee and any other amounts payable to us under these Terms and Conditions are non refundable.
    • Should you fail to pay our invoice by the due date for payment, default interest at the rate of 12% per annum accruing daily will be payable on the amount unpaid from the due date until the date all amounts owed to us are paid in full.
  3. Your Obligations
    • You acknowledge and agree that:
      • you will not make any false declarations or provide any false, inaccurate or misleading information to us whether knowingly or unknowingly;
      • you will provide all information, documentation and assistance to us as soon as possible on being requested to do so; and
      • you must use our Services in accordance with these Terms and Conditions and our policies.
    • Your use of our Services, and the information you provide to us, must not:
      • infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
      • violate any applicable laws;
      • be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
      • create liability for us or cause us to lose (in whole or in part) the services of our internet service provider or other clients or suppliers; or
      • damage the credibility or integrity of us.
  1. Breach and Termination
    • Without limiting other remedies available to us at law, in equity or under these Terms and Conditions or any other policy or otherwise, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the provision of the Services to you if:
      • you breach these Terms and Conditions or any Policy or the terms and policies those documents incorporate by reference; or
      • we are unable to verify or authenticate your information; or
      • we believe that your actions may cause legal liability for us or other clients; or
      • in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of our Services or us.
    • If there is no set Term agreed upon for the completion of the Services, either party may terminate the ongoing provision of the Services by providing the other party with 30 days written notice.
    • If we have agreed to provide you with the Services for a set period of time or to undertake specific Services, then neither party may terminate the Services until the expiry of that time or until the specific Services have been provided, unless the other party is in breach of these Terms and Conditions and has failed to rectify the breach upon being given 7 days written notice to do so by the party not in breach.
    • During any notice period under clauses 6(b) and 6(c), we must continue to provide you with the Services and you must continue to pay us the Fee (unless otherwise agreed by the parties).
    • Upon termination you must pay to us all amounts in respect of the Services provided up to the date of termination. Termination shall be without prejudice to the rights of the parties which accrued prior to the termination.
    • You and your Related Entities must not during the term of these Terms and Conditions or for a period of 12 months following the termination induce, encourage, engage, employee or solicit any contractor, employee or agent of ours to leave the employment, engagement or agency of Two Griffins, or to otherwise permit any such person to provide any services to you or your Related Entities at any time (whether the person is still employed or engaged by Two Griffins or not). You acknowledge we will suffer significant loss as a result of your breach of this clause and you must pay to us immediately on demand as a debt due and owing the amount we determine is representative of our loss as a result of a breach of this clause.
  2. Warranties and Disclaimers
    • We provide our Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, we specifically disclaim any implied warranties. Whilst we use our best endeavours in providing the Services, we do not warrant or represent that our Services will result in increased sales, revenues, profits or customers or any other outcomes.
    • You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of Two Griffins except to the extent expressly set out in these Terms and Conditions.
    • To the extent that we and our Related Entities are able to limit the remedies available under these Terms and Conditions, and subject to clause 7(d), we and our Related Entities expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation or law to the costs of providing the Services again.
    • You hereby release us from all Loss suffered by you or your Related Entities relating to or arising out of the provision of the Services or these Terms and Conditions.
  3. Intellectual Property Rights & Confidential Information
    • The information, names, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) and the Services are protected by Intellectual Property Rights. You acknowledge that Two Griffins is the owner of these rights.
    • You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Site or the Services are transferred or granted to you, other than the rights granted expressly by these Terms and Conditions. You are provided with a revocable, non-exclusive and non-transferable licence to use the Intellectual Property Rights in the Services in order to obtain the benefit of the Services for their intended purpose during the Term.
    • Neither party shall disclose Confidential Information except where:
      • the disclosure is authorised by and takes place in accordance with these Terms and Conditions;
      • the disclosure is required by law; or
      • the Confidential Information enters the public domain other than by breach of these Terms and Conditions;
      • the parties both agree in writing that the Confidential Information may be disclosed.
    • If requested by a party, the other party must immediately return all Confidential Information, and any copies of the Confidential Information which belong to the requesting party, to that party.
    • These Terms and Conditions will not be construed as granting to a party any licence, permit or any other rights whatsoever relating to the other party’s Confidential Information except as expressly provided in these Terms and Conditions, or specifically agreed by the party who owns the Confidential Information in writing.
  4. System Integrity & User Conduct
    • You must not use the Site to:
      • download and store electronically, reproduce, transmit, display, copy, distribute or use any materials contained in the Site;
      • upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another;
      • falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
      • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
      • attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
      • collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or
      • breach any privacy or other legislation.
    • You acknowledge and agree that you must not affix or otherwise display your name or logo on the content of the Site or any other website in a way that suggests a direct or indirect association with Two Griffins.
  5. Links & Advertising
    • This Site may contain links to third party websites. Those websites are not under the control of Two Griffins and Two Griffins is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.
    • Neither Two Griffins nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
  6. General
    • We shall provide you with the Services on a non-exclusive basis.
    • Publication of email addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
    • Two Griffins may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.
    • Two Griffins shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Two Griffins, including any form of technological failure or the actions of third parties.
    • These Terms and Conditions constitute the entire agreement between you and Two Griffins with respect to the Services, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Services.
    • No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms and Conditions or constitutes any collateral agreement, warranty or understanding.
    • If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
    • The failure by Two Griffins to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Two Griffins in respect of any existing or subsequent breach of these Terms and Conditions.
    • No waiver by a party of a provision of these Terms and Conditions is binding unless made in writing.
    • The laws of Queensland govern these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of Queensland for any cause of action relating to or arising under these Terms and Conditions.
    • Where possible, the obligations of the parties under these Terms and Conditions will indefinitely survive the finalisation or discontinuance of these Terms and Conditions.
    • These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
    • The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms and Conditions.
    • The rights and remedies of a party to these Terms and Conditions are in addition to the rights or remedies conferred on the party at law or in equity.
    • Any legal rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.