Website and Services Terms of Use

Welcome

PPG Industries Australia Pty Limited (ABN 82 055 500 939) (PPG) owns this website (www.paintpad.com) and provides this website, the associated mobile software application (PaintPad) and online services (Services) to users in Australia. Please read these Terms carefully before continuing access to our Services.  If you do not agree with these Terms please immediately cease all access and use of our Services.

Throughout these terms and this website, the terms “we”, “us”, “our” refer to PPG and any of our affiliated companies (as relevant).

The below terms set out how we interact with you, our terms of supply of the Services and our commitment to you with regards to your privacy and your consumer rights. If you purchase and use our Services, you agree to be bound by these terms and all laws or regulations which apply to the Services. In order to use the Services we grant you a limited non-exclusive license to use such Services, subject to your acceptance of and adherence to these Terms.

Services are intended for use by people residing in Australia. The statements made available on our websites, apps or through the provision of the Services do not apply outside Australia. By purchasing and registering for the Services you are taken to have agreed to these Terms of Use, the Terms of Sale, our Privacy Policy and any additional terms and conditions or policies referred to herein or accessible through hyperlinks displayed on the Services.

By agreeing to these Terms and/or agreeing to purchase the Services from us in accordance with these Terms, you represent that you are at least 18 years of age, or, if you are not 18 years of age that you have reviewed these terms with your parent or legal guardian and they and you consent to your use as a minor of our Services.

Services

We provide the Services to registered and paid up users in accordance with, and subject to, these Terms. The Services are provided to such registered and paid up-users on a non-exclusive basis.

Your right to use the Services is not transferable. We will supply you with log in details to enable you to access and use the Services. You must not share these details with third parties.

We will provide email and phone support to registered users between the hours of 8:30am to 5:00pm AEST Monday to Friday (other than public holidays) for matters which relate directly to the provision of Services.

General Disclaimer

The Services have been compiled on the basis of general information current at the time of publication. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary.

Nothing contained in or displayed on our Services are to be interpreted as a recommendation to use any product, process or formulation or any information in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information displayed on our Services will not infringe such intellectual property rights.

We make no representation that the products, or information about the products, including price estimates and suggested terms of sale/services between you and your customers, provided in or displayed on our Services are currently available or that their specifications or details are current and complete.  Display of any product does not constitute an offer or undertaking by us.  Prices displayed and estimations provided as part of the Services are indicative only, whilst you may override the prices to receive a more definite estimation, we are not responsible nor take any liability for the estimated prices or fees you quote to your customers based on the use of our Services.

We make our Services available on an as-is basis. We make no representations or warranties of any kind with respect to this website, its contents, or the Services. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of this website, its contents, or the Services, including without limitation the information on this website, products referred to on t the Services, and any email correspondence between you and us.

The availability of the Services is dependent on factors outside of our control including without limitation the availability of telecommunications networks and as such we cannot and do not warrant that the Services will be continuously available or available without interruption.

We strive to take all reasonable steps to ensure the Services are available 24 hours a day, 7 days a week, however exceptions to this may occur for any planned maintenance, emergency maintenance or unplanned outages.  Planned maintenance will take place at times notified either on the Website, or through the Services. Emergency maintenance and unplanned outages – where emergency maintenance is necessary or where unplanned outages occur will be notified on the Website or through the Services as soon as possible following this coming to our attention.

Names and trade marks of our competitors paint names which are from time to time stated on our Services are purely as a guide and a means of utilising the estimation tools. Neither us nor our related entities have any affiliation nor commercial relationship with our competitors, nor do we offer our competitors’ branded paint products for sale.  Reference to our competitors’ marks and brand names is to assist users in identifying the products they might like to use in their estimation and are for reference only.

Subscriptions and Payment

All sales of subscriptions to the Services are governed by these Terms.  You will be required to indicate that you have read, understood and agree to these Terms immediately prior to requesting any subscription to our Services.

You agree to pay Price for the Services for the Selected Term in accordance with the timing specified on the Website at the time of registering to receive the Services. All payments must be made in full without deduction or set-off. All applicable taxes, including GST will be charged and payable in addition to the Price.  If any amount is not paid by the due date, we may suspend provision of Services until we receive payment in full of all outstanding amounts.

All prices are in Australian dollars.  We may alter the Price at any time, provided that we give existing registered users at least six weeks’ written notice (by email) of the new pricing structure.

Subscriptions are priced and invoiced on a monthly basis and run on a calendar month (i.e. when you sign up your first month will be the next month from your subscription date, although access is provided as soon as your registration is processed and accepted). You may cancel your subscription at any time.  Where you cancel prior to the 15th of any month through the cancellation process provided under the Services termination takes effect at the end of that month in which we receive your cancellation request. For cancellations requested after the 15th of the month, termination will take effect at the end of the following month and you will be billed for the additional month.

Either party may terminate the subscription to the Services immediately if the other party breaches any of its obligations under these Terms and fails to remedy the breach within 10 days of receiving notice requiring the breach to be remedied.

On termination all amounts due to us will become immediately due and payable.  There is no pro-rated refund or discount provided you upon cancellation of the Services.  We will cease to provide the Services to you at the end of the month in which you terminate your subscription – after such time you will cease to have access to or any entitlement to use the Services.

Intellectual Property

Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on our Services, including the selection and arrangement thereof, and all software relating to our Services, belongs to us or are licensed to us by third parties. Copyright in the works is protected by Australian and international copyright laws. All trade marks, service marks, trade names, branding and get-up (trade dress) on our Services belong to us or our licensors. We do not give you any licence or right to use them.

Subject to the following paragraph, no material from our Services may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website, app or online content without our prior written permission.

We grant you permission to download a copy of the material on our Services in the usual course of operating your web browser and/or also print hard copies of the material on our Services for your own personal non-commercial use, provided that: (i) your use of material is not contrary to PPG’s commercial interests; (ii) you do not modify or alter the material; (iii) you retain all copyright and other proprietary notices on that material.

As a registered user, you must not, nor may you permit any other person to do any of the following, or attempt to do so:

  • copy, alter, modify, reverse assemble, reverse compile, reverse engineer or enhance the Services; or
  • permit or enable users other than permitted users to access or use the Services; or
  • resell, rent, lease, transfer, sublicense or otherwise transfer rights to use the Services; or
  • use the Services in any way that could damage or interfere with the Services, Website or systems and software forming part of the Services; or
  • use the Services otherwise than in the manner in which the Service is designed to be used; or
  • use the Services in any way (whether by transmitting or inputting any files or other material or otherwise) that could interrupt, damage or otherwise interfere with use of the Services by any other users;
  • do any act which would or might invalidate or be inconsistent with our intellectual property rights.

You must notify us of any actual, threatened or suspected infringement of any intellectual property right and of any claim by any third party that any use of the Services infringes any rights of any other person, as soon as that infringement or claim comes to your attention. You must (at our expense) do all such things as may reasonably be required by us to assist us in pursuing or defending any proceedings in relation to any such infringement or claim.

You agree to indemnify us against any loss, costs, expenses, demands or liability whether direct, indirect or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of a claim by a third party alleging infringement of that third party’s intellectual property rights if such claim arises from infringement, suspected infringement or alleged infringement due to (a) use of the Services in a manner or for a purpose or in combination with any other service or product not reasonably contemplated or authorised by us or any breach by you of your obligations under this section of the Terms.

Limitation of Liability

The use or reliance on the information our Services is at your own risk. Other than if you are a consumer within the meaning of the Australian Consumer Law and to the extent that any consumer guarantee is applicable under the Australian Consumer Law, as set out below under Statutory Rights, we are not, under any circumstances, liable for any injury, loss, damage, claims, expenses or liabilities whatsoever arising out of, or related to the use, or inability to use, the information on our Services, or provided through websites, apps or by email. This limitation of liability includes, but is not limited to, compensatory, punitive, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

Statutory Rights

The Services and any associated products may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded.

Consumer Guarantee Statement: If you are a consumer and theses Services cost less than $100,000, and are not re-supplied by you, you may be entitled to cancel the services and in some instance of major failure compensation for reasonably foreseeable loss or damage. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify, except in the limited circumstances as outlined more fully in the Australian Consumer Law.

Privacy Policy

When you use our Services, our hosting platforms or Internet Service Provider (ISP) may make a record of your visit and log your IP or server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (i.e., the referring URL) and the type of browser you are using. This information is collected for statistical purposes only, and we will not make any attempt to identify users according to their browsing activity. It is also possible that your ISP is logging your activity while you visit our site. This is beyond the control of PPG.

While you are visiting our website we may use cookies to facilitate a more personalised web browsing experience. You may disable cookies in your web browser’s settings. Except where you volunteer personal or business information, we will not procure information about you via any alternative means while you visit our site. While we employ advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings.

Any personal information sent to our Services is subject to our Privacy Policy and privacy laws. If you do supply personal information then the handling, use and disclosure of such personal information is in accordance with our Privacy Policy and relevant privacy laws.
Our Privacy policy can be found here.

Posting Content and Data

Some areas of the Services allow users to submit and publish content and data such as pricing of products including those not supplied by us, photographs, illustrations, designs, images, profile information, comments and other content or information (any such materials a user submits, posts, displays, prints or otherwise makes available on or via the Services without compensation “User Content”).

You represent and warrant that you will not upload or use User Content, including data that:

  • you do not have the right and authority to deal with;
  • will violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy, and our use of your User Content as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy and publicity rights;
  • contains any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
  • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  • may create a risk of any other loss or damage to any person or property;
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • may constitute or contribute to a crime or tort;
  • contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
  • contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  • contains any information or content that you know is not correct.

 

Our Use of User Content

We reserve the right, but we are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.

We take no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Services. You are solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that we may disclose such User Content to law enforcement or other government authorities.

By publishing anything containing User Content using the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant to us a sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and any information you provide within the User Content (subject to adherence to our Privacy Policy), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and our business (and our successors’ and affiliates’), including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels. Subject to our adherence to the privacy settings you select within the Services, you hereby waive legal and/or moral rights that might preclude our use of the User Content or require your permission for us to use the User Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against us or its sublicensees relating to our use of the User Content in accordance with your privacy settings, and you hereby release us and its sublicensees from any such claims.

Indemnity

You agree to indemnify us and other persons involved in the creation of our Services for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of our Services, any information that you provide to PPG via our Services, or any damage that you may cause to our Services. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law.

Offer to Order Products

Products displayed on our Services do not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase particular products from the Store where your designate your order to be sent and in accordance with that stores prevailing terms of sale and prices offered.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Promotions and Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail. By participating in such a campaign, promotion or contest, you are agreeing to the relevant terms and conditions applicable to that campaign, promotion or contest. For any campaign, promotion or contest run on social media, the promoter is PPG Industries Australia Pty Ltd whose registered office is at 14 McNaughton Road, Clayton Vic 3136 unless otherwise specifically stated. All competitions are only open to residents of Australia aged 18 years or over except employees of PPG and their close relatives and anyone otherwise connected with the organisation or judging of the competition. Details of how to enter a promotion or competition is available on the social media platforms the promotion or competition is being ran on. Prizes are as stated on PPG’s social media platform – no cash or other alternatives will be offered. Prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. An offer cannot be substituted or exchanged for any alternative offer after purchase. Any free product received as part of a promo or offer cannot be refunded for cash or store credit. All warranties will still apply.

All competitions and these terms and conditions will be governed by Victorian law and any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

Communications

We reserve the right to contact you via the Website, email, post, text messaging (SMS) or telephone (or other means in the future as they are developed from time to time) to communicate important information regarding the use of the Services.

Questions about these Terms should be sent to us at info@paintpad.com.

General

We will not be liable for any delay in performing any of our obligations under these Terms if such delay is caused by circumstances beyond our reasonable control.

If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by us.

Any provisions of these Terms that are by their nature intended to survive termination will remain in full force upon any termination.

If you translate or view a third-party translated view of the information on our Services into languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

If any provision of these Terms are determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms are governed by the laws of Victoria, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Updates to Terms

We reserve the right to make any changes and corrections to these terms at any time.  Any change of the Terms is effective from the next time you visit the website or use the Services acknowledging and agreeing to the current terms and conditions.

These Terms are effective as of 1 December 2021.

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