Welcome to www.biglightletters.com.au (our Site).
 

TERMS & CONDITIONS

Welcome to www.biglightletters.com.au (our Site).

Our Site gives you an opportunity to browse and purchase products and services offered by Big Light Letters. This covers Big Light Letters Brisbane Pty Ltd, Big Light Letters Melbourne [CONFIRM ENTITY NAME], and all other franchises associated with Big Light Letters.

These Terms and Conditions (Terms) govern your use of our Site, our products and services, and form a binding contractual agreement between us and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at info@biglightletters.com.au before using our Site, buying our products or engaging our services.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersede all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

1. ACCEPTANCE OF TERMS AND BOOKING CONFIRMATION

1.1 By:

(a) browsing, accessing, purchasing, or using the products or services offered on our Site, whether or not you have purchased or engaged our products or services either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business; or

(b) where we provide you with a quote for our services (Quote), paying any amount to us in respect of our services or otherwise instructing us to proceed with the services in writing,

you acknowledge that you have read and understood these Terms and the Quote, if applicable, and agree to be bound by them and all our other policies.

1.2 A booking is confirmed, and a binding hire agreement is formed, when you:

(a) accept our Quote or booking in writing, including by email, text message, signed Quote, online booking or any other written message stating that you wish to proceed; or

(b) pay any amount towards the booking.

1.3 A confirmed booking is binding regardless of whether:

(a) a deposit or any other payment has been made;

(b) a signed copy of the Quote has been received by us or can be located by either party; or

(c) an event hire form or other booking paperwork has been completed.

1.4 The event hire form is used for delivery and installation logistics only and is not a condition of the booking.

1.5 Where a booking is made on behalf of a business, organisation or another person, the individual making the booking warrants that they are authorised to do so, and the booking binds that business, organisation or person. Changes in your personnel, or a failure to pass on booking details internally, do not affect a confirmed booking.

2. VARIATIONS TO TERMS

2.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Site.

2.3 The updated Terms will be taken to have effect on the date of publication.

2.4 Your continued purchase of our products, use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

2.5 Should you object or disagree to the Terms, your only remedy is to contact us at info@biglightletters.com.au and immediately discontinue your use of the products and/or services.

3. GENERAL DISCLAIMER

3.1 We offer a number of services and products on our Site from time to time.

3.2 You acknowledge and agree that each service or product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into between you and us for those services.

3.3 We provide the Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the content provided and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content and the Site for any purpose.

3.4 It is your responsibility to independently verify the information made available on the Site.

3.5 Nothing on the Site or any of the content or Services is a promise or guarantee of results or future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically for your business.

3.6 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Site or the Services offered on the Site.

3.7 Any testimonials and examples of our Services, wherever published (online or in print), are not to be taken as a guarantee that you will achieve the same or similar results.

3.8 We make no warranty, representation, or guarantee regarding the suitability of our products and services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any product. You shall not rely on any data and product specifications provided by us. It is your responsibility to independently determine the suitability of any products and to test and verify the same.

3.9 You acknowledge and agree that each product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into between you and us for those products.

3.10 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of products.

3.11 You acknowledge and agree that any results to be attained by you are dependent upon you solely.

3.12 You acknowledge that some of our products are created based on instructions, information and/or images provided by you, and you acknowledge and agree that we are not responsible if those instructions, information and/or images contain errors or poor quality images which are incorporated in the product we deliver to you.

4. REGISTERING YOUR DETAILS

4.1 Before you purchase our products and/or services, we may ask you to register an account with us.

4.2 You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

4.3 We may at any time request a form of identification to verify your identity.

4.4 If you are a registered user or member of this Site, you acknowledge and agree that:

(a) you are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

(b) you will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

(c) you will immediately notify us if your Password is lost or becomes known to any other person;

(d) you are solely responsible for all access to and use of this Site via your Password, whether such access or use is by you or any other person; and

(e) any information you provide to us for posting or inclusion in Our Community, at any time, becomes our property.

4.5 To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.

4.6 You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if you become aware of any unauthorised use of your registered details.

4.7 You will not let any other person use your Password or any registered user or member services.

5. YOUR OBLIGATIONS AND CANCELLATIONS

5.1 During the delivery of our Services, you agree to:

(a) respond promptly to our communications in relation to the Services;

(b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services;

(c) act in good faith;

(d) keep and maintain the rented equipment during the term of the rental at your cost and expense, in a good state of repair, normal wear and tear excepted. If our team has agreed to add personal items to your installation, or if you have added items to the installation, it is your responsibility to remove all such items prior to collection. If you do not, you must collect those items from our warehouse within 7 days. Big Light Letters and its franchises take no responsibility for items left with their installations, but will endeavour to keep them safe if they have accidentally been returned to our warehouse;

(e) pay Big Light Letters full compensation for the replacement and/or repair of any equipment which is not returned because it is lost or stolen, or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental;

(f) not remove the equipment from the location (such as a venue) stated in the booking unless the equipment needs to be moved due to adverse weather conditions;

(g) pay continued rental charges if the equipment is not returned during or at the end of the agreed term, or if we cannot retrieve the equipment on pick up;

(h) pay the full amount of the booking even if you do not use some or any equipment for any or all of the time of the booking;

(i) allow our representatives to enter the premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If you are in default of any of these Terms, cannot be contacted and the hired equipment cannot be retrieved, the hired equipment will be presumed stolen;

(j) maintain adequate insurance covering your event; and

(k) take full responsibility for not allowing the hired equipment to be tampered with, moved or touched by anyone unless agreed prior by us, or unless the items are being moved out of high winds or bad weather.

Cancellations

5.2 Cancellations must be made in writing to info@biglightletters.com.au and take effect on the date we receive them.

5.3 From the time a booking is confirmed, we reserve your date, decline other enquiries and allocate stock and staff to your event. The following cancellation fees therefore apply, whether or not any amount has been paid:

(a) cancellation 21 or more days before the event: 20% of the total booking amount; and

(b) cancellation less than 21 days before the event: 100% of the total booking amount.

5.4 Any amount you have already paid will be applied to the cancellation fee. Any remaining balance of the cancellation fee is payable within 7 days of our invoice. Any amount you have paid above the cancellation fee will be refunded.

5.5 If we re-hire the same items for the same date after your cancellation, we will reduce the cancellation fee by the net amount we receive from that re-hire.

5.6 You agree that the cancellation fees in clause 5.3 are a genuine pre-estimate of the loss we suffer as a result of a cancellation and are not a penalty.

5.7 Instead of cancelling, you may change your booking to other items of equal or greater value, subject to availability, by notifying us in writing at least 7 days before the event. No cancellation fee applies to such a change.

Equipment and installation

5.8 Giant letters, numbers and symbols are not rain proof, therefore you agree to move the equipment if rain or other adverse weather conditions (including high winds) are present. The equipment out for hire may be heavy, and you agree before the hire that if you cannot move the equipment due to adverse weather, you have someone who can.

5.9 We will only install hire equipment in areas that we deem to be safe. We reserve the right not to install equipment if the set up poses a risk to the public or our staff. This includes but is not limited to installations that involve carrying heavy items up large numbers of stairs, climbing on ladders, setting up on tables or ledges, or setting up in adverse weather conditions (or when adverse weather is forecast). It is your responsibility to notify us at the time of booking if there are risks involved in the set up so these can either be mitigated or a mutual compromise can be found.

5.10 In the event that any equipment or accessories are damaged, we will charge you the repair or replacement cost as outlined in Appendix A of these Terms. You agree that the determination of whether a repair or replacement of the equipment or accessories is necessary is at our sole discretion.

5.11 When providing our products and/or services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.

Your Content

5.12 When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or Our Community any of the following:

(a) content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, offensive, inflammatory or otherwise objectionable;

(b) content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

(c) information that includes personal or identifying information about another person without that person's consent;

(d) information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us;

(e) any information or content that impersonates any person or entity;

(f) any material, non-public information about companies without authorisation to do so; or

(g) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

5.13 By posting or otherwise publishing Your Content on our Site or Our Community, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

(b) warrant that you have the right to grant the above licence;

(c) warrant that Your Content does not breach these Terms; and

(d) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

5.14 We reserve the right (but have no obligation) to:

(a) review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(b) monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.

6. CONFIDENTIALITY

6.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the Recipient by the other party, its representatives or advisers), or these Terms, except:

(a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);

(b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has, to the extent practicable having regard to those obligations and the required timing of the disclosure, consulted with the provider of the information as to the form and content of the disclosure;

(c) where the disclosure is expressly permitted under these Terms or is required to give effect to these Terms;

(d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;

(e) where the disclosure is required for use in legal proceedings regarding these Terms; or

(f) if the party to whom the information relates has consented in writing before the disclosure.

6.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause.

6.3 Definitions

Confidential Information of a party means all information (in any form):

(i) relating to or arising from the Services; and

(ii) that concerns that party's business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes),

but does not include information that:

(iii) is or becomes independently developed or known by a party through no breach of these Terms by that party; or

(iv) becomes publicly available, without breach of these Terms.

6.4 This clause survives termination or expiry of these Terms.

7. INTELLECTUAL PROPERTY AND MORAL RIGHTS

7.1 Intellectual Property Rights in Contract Materials and Existing Materials

The parties agree that:

(a) you will own all rights in and to the Contract Materials, as defined below, including any Intellectual Property Rights which subsist in the Contract Materials or which may be obtained from the Contract Materials created from the date you engage our Services;

(b) to the extent necessary to give effect to this clause, we will assign all of the Intellectual Property Rights in all Contract Materials to you; and

(c) we retain ownership over the Existing Materials, as defined below, and you acknowledge that you do not acquire any ownership rights by using the Existing Materials.

7.2 Moral Rights

(a) To the extent permitted by applicable Law, we unconditionally and irrevocably:

(i) consent to the following acts or omissions in respect of all Contract Materials created by us in the course of providing the Services:

(A) any use of the Contract Materials that does not identify us as the author;

(B) falsely attributing the authorship of the Contract Materials or any content of the Contract Materials to you;

(C) materially altering the style, format, colours, content or layout of the Contract Materials and dealing in any way with the altered Contract Materials;

(D) reproducing, communicating, adapting, publishing or exhibiting the Contract Materials; or

(E) adding any additional content or information to the Contract Materials; and

(ii) waive all of our Moral Rights in the Contract Materials.

7.3 Definitions

For the purpose of this clause:

Contract Materials means materials, including but not limited to works, ideas, concepts, documents, designs, developments, improvements, systems, accounts created for you or other materials or information created, made or discovered by us:

(a) in the course of providing our Services; and/or

(b) as a result of using your resources (including the Confidential Information and Intellectual Property Rights).

Contract Materials do not include our work methodologies, reviews and reporting documents, sources, third party websites and the links contained therein, licensed software, programs, accounts belonging to us or created for other clients, stock photography licences, licences to third party service providers, or handbooks which we may provide to you from time to time in relation to our Services.

Existing Materials means materials, including but not limited to our works, work methodology, reports, ideas, concepts, designs, inventions, developments, improvements, stock photography licences, licences to third party service providers, licensed software, accounts belonging to us or created for other clients, systems, other materials, documents, information, sources, programs and accounts, created, made or discovered by us prior to providing our Services to you or outside the scope of our Services, that we use or supply in the course of the provision of our Services.

Intellectual Property Rights means all present and future rights conferred by Law in or in relation to copyright, trade marks, designs, circuit layouts, plant varieties, business and domain names, inventions and confidential information and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registrable, registered or patentable.

These rights include:

(a) all rights in all applications to register these rights;

(b) all renewals and extensions of these rights; and

(c) all rights in the nature of these rights, such as Moral Rights.

Moral Rights means:

(a) rights of integrity of authorship or performership;

(b) rights of attribution of authorship or performership;

(c) rights not to have authorship or performership falsely attributed;

(d) rights conferred by the Copyright Act 1968 (Cth); and

(e) rights of a similar nature that exist, or may come to exist, anywhere in the world.

7.4 This clause survives termination or expiry of these Terms.

8. COPYRIGHT AND TRADE MARK NOTICES

8.1 All material on this Site, or otherwise delivered by us via our services, including (but not limited to) templates, information, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

8.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

8.3 The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of ours (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

8.4 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of our Marks without our express written permission.

8.5 You agree that damages may be an inadequate remedy for a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of our intellectual property rights.

9. RIGHT TO SUSPEND, TERMINATE AND REFUND

9.1 We reserve the right to suspend or terminate your use of the Site or our services generally if you breach these Terms, as determined by us in our sole discretion.

9.2 Either party may terminate your use of our Site and/or services by providing to the other party a minimum of 7 days' written notice, unless specified otherwise in any specific product or service terms or contract you have entered into with us. This clause does not apply to event hire bookings, which may only be cancelled in accordance with clauses 5.2 to 5.7.

9.3 If you terminate our services early (prior to your services being completed), you acknowledge and agree that the outstanding fees for those services are payable. We will issue an invoice for all work accessed or completed (as the case may be) in the course of providing our services up to the time and date that written notice was given to us that the services were cancelled. For event hire bookings, the cancellation fees in clause 5.3 apply.

9.4 Refunds for event hire bookings are provided only in accordance with clauses 5.2 to 5.7, or where required by the Australian Consumer Law, as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Refunds are not otherwise provided for our products and/or services, whether accessed by you or not, unless we are in breach of the Australian Consumer Law.

9.5 Any deposits paid to us for the provision of services to you are non-refundable, except as set out in clause 5 or where required by the Australian Consumer Law.

9.6 Final payments are non-refundable after the completion of our services.

9.7 Any other refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each product or service delivered by us, or otherwise where we determine in our sole discretion that genuine value has not been received or is not able to be received by you.

10. NON-EXCLUSIVITY

10.1 You acknowledge and agree that we may at any time provide our services to other clients in the same or similar industry as you.

10.2 We do not provide our services on an exclusive basis.

10.3 We will, however, endeavour to protect the confidential information you provide us in accordance with our Privacy Policy.

11. PRICES

11.1 All prices for our products and services are in Australian Dollars (AUD).

11.2 All prices for our products are as displayed via our Site.

11.3 All prices are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges, customs duty and other taxes, if applicable.

11.4 All prices are subject to change without notice. Prices for a confirmed booking will not change after the booking is confirmed.

11.5 We reserve the right to modify, cancel and limit any service or work at any time.

12. PAYMENTS

12.1 We will send you invoices for our Services in the manner stated on our Site. You agree to pay all invoices using the payment method specified in the Quote by the applicable due date and, unless otherwise agreed by us in writing, no later than five (5) days prior to delivery of the goods or commencement of the Services.

12.2 A deposit of 20% of the total booking amount is payable within 7 days of booking confirmation, or immediately where the event is less than 14 days away, unless otherwise stated in your Quote.

12.3 Payment of the deposit is not a condition of a confirmed booking. If the deposit is not paid by its due date, the booking remains confirmed and all amounts under these Terms, including cancellation fees, remain payable. We may, after giving you written notice, release the date to other customers. If we do, the booking is treated as cancelled by you on the date of that notice, and clause 5.3 applies.

12.4 By confirming a booking, paying the deposit, making any payment towards your booking, or otherwise proceeding with the hire of our goods or Services, you confirm that you have read, understood and agreed to these Terms, including the cancellation fees in clause 5.3 and the payment authorisations in clause 12.6.

12.5 All invoices must be paid in full in accordance with clause 12.1 before we are required to provide the Services.

12.6 Some payments are processed through an online and automated payment system (Online Payment). Where a payment is made via Online Payment:

(a) you agree to ensure that sufficient funds are available in your nominated account or payment method to meet all payments due in connection with your booking;

(b) by making an Online Payment, including payment of a deposit, you authorise our payment provider to securely retain the payment method used for your booking where that functionality is available;

(c) if any amount owing in relation to your booking remains unpaid for more than five (5) calendar days after its due date, you expressly authorise us to automatically charge the outstanding amount to the payment method used to pay your deposit or any other payment method securely held by our payment provider in connection with the booking, without requiring any further authorisation or notice from you;

(d) this authority applies to amounts properly owing under your confirmed booking and these Terms, including any unpaid booking balance, any cancellation fee under clause 5.3, and any other agreed charges relating to the booking; and

(e) if an attempted payment is declined, unsuccessful or otherwise cannot be processed, you remain responsible for payment of the full outstanding amount.

12.7 Where another payment provider, agent or enterprise processes or collects funds pursuant to an arrangement entered into with us, you acknowledge and agree that the payment rights and authorisations contained in these Terms may also be exercised through that provider, agent or enterprise on our behalf.

12.8 We reserve the right to suspend, withhold or terminate any product or Service where any payment due to us remains unpaid.

12.9 We reserve the right to engage or authorise a debt collection agency or other authorised third party to recover any amount owing to us.

12.10 Where permitted by law, we reserve the right to notify appropriate credit reporting or credit monitoring services of ongoing payment defaults or payment avoidance where we reasonably consider it appropriate to do so.

12.11 We endeavour to work with clients experiencing genuine financial difficulty to avoid the actions described above. If you are experiencing difficulty making payment or require a payment arrangement, please contact us as soon as possible.

12.12 Where we issue an invoice, payment is due and payable by the payment date stated on that invoice. Failure to make payment by the due date may result in the suspension, withholding or cancellation of our products or Services.

12.13 We reserve the right, where permitted by law, to charge interest on overdue invoices at a rate equivalent to the Australian Taxation Office General Interest Charge rate applicable from time to time, where an invoice remains unpaid for more than 30 days after its due date.

12.14 Where an amount remains outstanding for more than 30 days, we reserve the right to assign the debt or refer the amount owing to a third party for collection without further consultation with you.

12.15 If you fail to pay any amount due under your booking before the event or delivery date, we may suspend, withhold or terminate the delivery of the Services and/or refuse to deliver or install the hired goods. To the extent permitted by law, we will not be liable for any loss suffered by you as a result of such suspension, withholding or termination.

13. DISCOUNTS, PROMOTIONS AND OFFERS

13.1 From time to time, we may offer the opportunity to purchase our services at a discounted or promotional price, subject to these Terms.

13.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.

14. LIABILITY IS LIMITED

14.1 We provide our products and 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. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

14.2 Without limiting the generality of clause 14.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our products and services.

14.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or event giving rise to the claim.

14.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to those rights under the Australian Consumer Law.

14.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited, at our option, to the resupply of the Services or the payment of the cost of resupply.

14.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation, or loss of use or corruption of data or information.

14.7 This clause applies to the fullest extent permitted by Law and survives termination of these Terms.

15. YOUR INDEMNITY

15.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders, employees and subcontractors against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our products and services;

(b) any claim made against us or you by a third party arising out of or in connection with the provision of our products, services and/or these Terms;

(c) any breach of these Terms by you, including any failure to pay any fees on time;

(d) the circulation, distribution or publication of any information or materials provided by you being contrary to Law;

(e) any reliance by you or a third party on our products or services or any advice or information provided in connection with the provision of our products or services and/or these Terms; and

(f) the enforcement of these Terms, including the recovery of any unpaid amount or cancellation fee.

15.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

15.3 We are not responsible, and expressly limit our liability to the extent permitted by Law (which is without limitation to your rights under the Australian Consumer Law), for damages of any kind arising out of the use of, reference to, or reliance on any information contained within our Site or by engaging our services.

15.4 This clause survives the termination of these Terms.

16. NO DISPARAGEMENT

16.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of us and/or any of our services, or is in any respect a disparaging remark or representation about us and/or any of our services, nor any statement that is false and does or has the tendency to damage our reputation, by any method including but not limited to any social media platform or review website anywhere in the world.

16.2 Should you breach this clause, you indemnify us in accordance with clause 15 above.

17. FORCE MAJEURE

17.1 We will not be in breach of these Terms or liable to you for any Loss that you may incur as a direct result of our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

17.2 If a Force Majeure Event occurs, we will notify you in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

17.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented; however, we will continue to use all reasonable endeavours to perform those obligations.

17.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

17.5 References to a Force Majeure Event in this clause mean events, circumstances or causes beyond a party's reasonable control, including (but not limited to):

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

(d) epidemic, pandemic, health emergencies or disease;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(f) interruption or failure of utility services (including the inability to use public or private telecommunications networks, servers or third party hosting platforms); and

(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency,

but does not include a lack of funds.

17.6 References to Loss in this clause mean any loss, liability, cost, charge, expense, tax, duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

18. LINKED WEBSITES, AFFILIATES OR SPONSORS

18.1 Any links to other websites on our Site which are not operated by us are not controlled by us, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

18.2 As affiliates of certain services, we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.

18.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use of or reliance on any recommended, endorsed or promoted services which are not our own, and caution you to make your own independent inquiry prior to any such use or purchase.

19. SEVERABILITY

19.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

20. NO ASSIGNMENT

20.1 You cannot transfer or assign your rights under these Terms, including any membership or registration with us, without our prior written consent.

20.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

21. SUB-CONTRACTING

21.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.

22. BINDING ON SUCCESSORS

22.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

23. DISPUTE RESOLUTION

23.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

23.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

23.3 In the case of claims against us, all notices are to be provided to info@biglightletters.com.au.

23.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or, failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

23.5 Once a mediator is appointed, the parties agree that:

(a) the costs of the mediator shall be borne equally between the disputing parties;

(b) the chosen mediator shall determine the procedures for mediation; and

(c) the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

23.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

23.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction if, in that party's reasonable opinion, it is necessary to protect their rights.

23.8 Despite the existence of a dispute, the parties must continue to comply with their obligations under these Terms.

23.9 This clause does not prevent us from issuing invoices, or from recovering unpaid amounts or cancellation fees through a debt collection agency, the Queensland Civil and Administrative Tribunal or a court.

23.10 This clause survives termination of these Terms.

24. APPLICABLE LAW

24.1 These Terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts and tribunals of Queensland to determine any matter or dispute which arises between us.

25. YOUR FEEDBACK

25.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

25.2 If you have questions or comments regarding this Site or our services, please email us at info@biglightletters.com.au.

APPENDIX A

DAMAGE AND REPLACEMENT COSTS

Light up letter (1.2m) re-powder coating due to scratched paint - $400 + GST

Light up letter (1.2m) replacement (including bent or misshapen metal that cannot be repaired) - $1800 + GST

Light up letter (60cm) replacement - $900 + GST

Flower wall replacement (including due to stains or discolouration) - $1600 + GST

Shimmer wall replacement - $900 + GST

Base plates & pole set for shimmer walls and flower walls replacement - $1100 + GST

Flower garland replacement (including due to stains or discolouration) - $700 + GST

LED bulb replacement - $50 + GST

LED bulb remote replacement - $30 + GST

LED neon remote replacement - $30 + GST

RGB neon sign replacement - From $400 + GST depending on the size of the sign

Other miscellaneous hire items and accessories (including but not limited to stands, power boxes, extension cables, wooden arches) - Market rate + GST