Welcome to the website of OwlEstate Pty Ltd as trustee for the Pardoleon Trust trading as “OwlEstate” (ABN 13 780 298 695) (“we”, “us” or the “Company”), facility Management Service provider.
This website is located on the web via the domain https://owlestate.com.au/ and includes all of the files located in that domain (“this site”).
By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://owlestate.com.au/privacy-policy), which is incorporated by reference into these Website Terms of Use.
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
The Company reserves the right to make any parts of this site accessible only to users who haveregistered.
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with:
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
By placing an order through this site, you make an offer to us to purchase the services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any services to you – however, the Company will endeavour to supply your selected services to you.
We will not commence processing any order made through this site unless and until:
Acceptance of each order will take place if and when the Company either:
provides the services to you, at the time at which the Company commences providing the services; or
notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
The Company reserves the right to change the prices for services displayed in this site at any time before you place an order.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST and may be increased on account of GST, if GST applies to the supply of the goods or services requested in your order. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Payment of the additional amount of GST will be made at the same time and in the same manner as payment for the goods and services is required to be made.
The Company uses the third-party PayPal payment gateway provided by PayPal Australia Pty Limited (ABN 93 111 195 389) for its secure online payment transactions. Payments made through PayPal are subject to PayPal’s own terms and conditions and privacy policy, links to which are provided from the PayPal checkout pages. For more information about PayPal, see the PayPal website (http://www.paypal.com.au).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
It is not necessary to have a PayPal account in order to make a purchase on this site. PayPal accepts allmajor credit and debit cards. Please note that we may be unable to accept credit cards issued by banksoutside of Australia in some cases. The Company does not charge additional transaction fees forpaying by credit card.
If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, wewill send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Except as expressly provided otherwise in these Website Terms of Use and required under theAustralian Consumer Law, all amounts paid through this site are non-refundable. Further informationon the steps that the Company will take to remedy any breach of any non-excludable condition orwarranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.
While PayPal and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
In these Website Terms of Use, the term “Proprietary Content” means:
This site;
All of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
All software, systems and other information owned or used by the Company in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The Company’s logo and the phrase “OwlEstate” are trademarks of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, servicemarks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
Represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
Grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such allegedinfringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.
In response to such a notification, we will give a written notice of a claim of copyright infringement tothe provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
In these Website Terms of Use, the following rules of interpretation apply:
The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with the Company.
These Website Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
– abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;