In these Terms,
- “you” means any person visiting or using the Website or our Services;
- “Agreement” means the agreement between you and Little Miss Agent for the provision of property inspection and related services as governed by any booking form, quote or other documentation provided to you by Little Miss Agent or described on the Website in conjunction with these Terms & Conditions;
- “Business Hours” means Monday to Friday between the hours of 10:00am – 6:00pm, Canberra time;
- “Cancellation Fee” means the fee to be charged, or withheld, by Little Miss Agent for any cancellation of Services as described in these Terms & Conditions which fee is a true estimate of the loss, cost and expenses of the Little Miss Agent arising from the cancellation;
- “Claim”includes in relation to a person, any claim in respect of any damage, loss, cost, expense or liability incurred by the person or a claim, demand, action, proceeding or judgment made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent;
- “Confidential Information” means any proprietary information or material belonging to the Customer or Little Miss Agent, including, without limitation, all data and information relating to the Customer or Little Miss Agent and their respective operations, facilities, personnel, positions advertised, assets, services, clients, sales and transactions whether or not such information is provided to a party to this Agreement before or after the date of this Agreement;
- “Customer” means any person that purchases or receives a Service from us;
- “Service” means the service or services delivered by Little Miss Agent to the Customer including those features and benefits described on the Website or otherwise notified by Little Miss Agent to the Customer;
- “Website” means the website www.littlemissagent.com.au and its related pages, including any mobile site or mobile or other application that we may offer.
2. USE OF WEBSITE
- Your access to, browsing, contributions to and use of the Website are subject to the following Terms as well as all applicable laws, rules, and regulations. By accessing or using the Website you accept and agree to the Terms, which are legally binding.
- If you do not agree to any of these Terms, you must not visit, use or continue to use the Website or utilize the Services. We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website in relation to any subsequent Website visit, use or request for Services.
All content and all intellectual property which includes text, images, trade marks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (“Content”) and the selection, arrangement and “look and feel” of all content contained on the Website, is the property of Little Miss Agent or third parties who have granted Little Miss Agent permission to use it. All Content contained on the Website whether past, present or future is protected by national and international copyright, design and trade mark and other laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.
4. USE OF THE WEBSITE
- Some of the material on the Website may be for mature audiences, and parents and guardians should take responsibility for monitoring their children’s use of the Website.
- No person under the age of 18 should use this Website without parental or guardian supervision. If we do find that someone under the age of 18 is accessing the Website, Little Miss Agent may restrict their access to the Website and may cancel or restrict access to any services to be delivered to the parent or guardian of that child. Any cancellation or restriction of services to a Customer as a result of the unsupervised use of this Website by a child will result in the Customer forfeiting any payments made to Little Miss Agent and no refund will be available.
- To receive Services from us, you will be asked to provide us with your details and submit your personal and business information. You warrant and agree that all information provided to us is accurate, true and up-to-date in all respects and at all times. You also agree to update your details with any changes to your personal and business information previously submitted as soon as practicable after such personal or business information changes.
- Little Miss Agent reserves the right in its sole discretion to refuse to accept any booking for Services. If you breach any of these Terms, we will be entitled to not accept any further or future booking requests, by you or your associates.COMMUNICATIONS
- You acknowledge that when you register and use the Website, you will receive correspondence from Little Miss Agent, including newsletters, relating to the Website and the business of Little Miss Agent.
LIMITED LICENCE TO USE
- Little Miss Agent grants you a revocable limited non-exclusive licence to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for the sole purpose of making purchases from or interacting with Little Miss Agent.
- You warrant that you will not access or use the Website or Content for any purpose other than for reviewing and receiving Services from Little Miss Agent.
- Except as expressly permitted in these Terms or on the Website, or with Little Miss Agent’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via the Website for commercial benefit or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
- You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
- Little Miss Agent will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
TERMINATION OR RESTRICTION OF ACCESS OR USE
- Little Miss Agent reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and its services, including any licence granted.
- Little Miss Agent reserves its right to refuse any Service, terminate a booking or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the order in any way, other than a refund that is expressly permitted under the Terms.
INTELLECTUAL PROPERTY – WEBSITE
- You acknowledge that Little Miss Agent is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to Little Miss Agent.
- Upon contributing or providing content of any kind to the Website, including via third party sites such as Facebook or Twitter, you immediately grant Little Miss Agent a licence to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and the Services and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to Little Miss Agent you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
- All material published on the Website may, at Little Miss Agent’s sole discretion, be edited, removed or republished for any reason whatsoever.
5. THIRD PARTY SITES
- Little Miss Agent selects third party partners and associates with care and with our customers’ needs in mind. We aim to provide information and services from reputable third parties with quality products or services who will be able to fully deliver that information or those services to you.
- The Website may contain links to third party websites or content (Third Party Content). Little Miss Agent does not monitor, review or update, and does not have any control over, Third Party Content. Unless expressly stated otherwise, Little Miss Agent does not endorse or adopt Third Party Content and makes no representation, warranty or guarantee as to accuracy, completeness, timeliness or reliability of Third Party Content or the safety of any third party website.
- If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trade mark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by Little Miss Agent.
6. NO WARRANTIES
- The Website and Content and Services are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, Little Miss Agent does not make any representations or warranties as to the Website and Services, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website.
- Little Miss Agent does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. Little Miss Agent does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of Little Miss Agent control.
7. LIMITATION OF LIABILITY
- Except to the extent required by the law or as is expressly set out in the Terms, Little Miss Agent specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any order or purchasing any Services, and in no event will Little Miss Agent, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if Little Miss Agent has been advised of the possibility of such damages).
- In any event, Little Miss Agent’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any Services.
- Little Miss Agent’s liability for breach of any condition or warranty implied by legislation is, at Little Miss Agent’s option, limited to supplying Services again or payment of the cost of having Services supplied again.
- Without limiting the above, you acknowledge that Little Miss Agent accepts no responsibility nor any liability for bookings made by you, and you acknowledge that recommendations are to be strictly observed and followed at your own risk. Little Miss Agent does not accept any responsibility or liability for any information or errors provided by you in a booking or in receiving any Services, including your failure to do all things necessary to ensure the booking and receipt of Services are suitable and safe for your circumstances.
- You release and forever discharge Little Miss Agent, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
You indemnify and will keep indemnified, Little Miss Agent and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents and will hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also indemnify and will keep indemnified Little Miss Agent from any and all damage you may cause Little Miss Agent, its Little Miss Agent, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.
You indemnify and will keep indemnified and hold harmless Little Miss Agent, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim, for any property or injury to or death of any person, or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or wilful misconduct of yours or any claim, suit or action brought against Little Miss Agent as a result of your ordering, booking and receiving any services.
This clause contains continuing separate obligations and it survives termination.
- Little Miss Agent offers various Services for purchase.
- Our Services may be available for purchase via our Website or directly from Little Miss Agent. All Services are purchased subject to any booking requirements or instructions referred to on the Website or otherwise notified to you.
- When placing an order you will be required to select the services that you wish to purchase and provide the requisite details for the booking. For each order you must provide accurate and up-to-date details required to effectively process your order.
- By placing an order, you warrant you are not a legal minor and you are over the age of 18 years and you have full and due capacity and authority to make the order.
- Once you have submitted an order, you must make payment for the order in accordance with the payment methods specified or referred to on the Website or otherwise notified to you. An order will only be deemed to be placed when you have submitted the order and the full payment required in respect of the order has been received.
- Little Miss Agent reserves the right to accept or reject your order for any reason including, the unavailability or unsuitability of any Services, an error in the price or description of any Services or any error in your order, and in the event that we cancel your order, we will provide a full refund of any payments received from you in respect of that order.
10. PRICE AND PAYMENTS
- PRICE AND PAYMENTS
- The price of a Service is the price specified or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any Service. All prices are processed in Australian dollars unless otherwise notified on the Website.
- Payment in accordance with the payment requirements for your booking must be received by us prior to the provision of the Services that you have ordered. If payment for the Services you have booked is payable after delivery of the Services, payment must be received within the specified payment terms or Little Miss Agent may suspend the continued provision of Services pursuant to these Terms. If payment is not received in accordance with the specified payment terms, interest may accrue and be applied in the absolute discretion of Little Miss Agent.
- Altitude clients are required to provide a valid credit card at time of booking to confirm their booking via our website. Payments are processed by third party provider stripe.com the day of report delivery or within 7 days of completion.
- Elevation and Pinnacle clients are invoiced on the 1st day of each month for your subscription for all reports completed in the previous calendar month. The invoice details the dates, address, type of report completed and applicable discounts. The accounts will be debited on 7th day or next business day each month from your nominated. A monthly direct debit must be set up with our third party provider integrapay.com.au from your nominated account or credit card this monthly account or payment term is as 10.3 applies for bookings to be confirmed.
- If any invoice or payment obligation remains unpaid pursuant to the payment terms, you shall be liable for all outstanding costs including interest and any costs or expenses whether legal or otherwise incurred by Little Miss Agent in enforcing its rights to recover such amounts.
- If you receive additional Services from Little Miss Agent which are not the subject of an order, you are required and agree to make full payment of the fees for such Services within 14 days of the Services being provided.
- You are not entitled to make any set off, to withhold or deduct for any reason any monies payable to Little Miss Agent pursuant to this Agreement.
- Little Miss Agent accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify Little Miss Agent against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
11. YOUR CONTRACT WITH US
- YOUR CONTRACT WITH US
- Certain Services have delivery timeframes as specified on the Website or otherwise notified to you. It is your responsibility, within the specified timeframe, to provide the required information, materials or take such other steps as are required to be delivered by you within the specified timeframe. If, within the specified timeframe, you fail to provide the required information or materials or to take such required steps as have been specified, Little Miss Agent may, in its absolute discretion, re-schedule delivery of the Services or cancel the order pursuant to this Agreement.
- You acknowledge that you are solely responsible for complying with all terms, conditions or instructions of any Service as described or referred to on the Website or otherwise notified to you (“Instructions”). Little Miss Agent is under no obligation to provide a Service to you if you do not comply with the Instructions.
- You release and indemnify Little Miss Agent against any loss, damage or claims that may arise as a result, directly or indirectly, of the conduct of yourself or any third party in the receipt of any Services or your compliance with the Instructions.
- You acknowledge that you are solely responsible for reading all Instructions for the receipt of Services as specified on the Website and you are solely responsible for complying with such Instructions. If you believe the Instructions to be unclear you must contact Little Miss Agent directly prior to the delivery of the Services for clarification of your obligations.
- You acknowledge that our relationship with our employees, contractors, officers, agents and representatives are critical to the operation and value of our business. As such, you agree that you will not, during this Agreement and for a period of 6 months after this Agreement ends, recruit, attempt to recruit, receive any equivalent services directly from or entice any employees or contractors of Little Miss Agent to leave their employment or terminate their contract with Little Miss Agent. A breach of this clause will constitute a breach of Agreement and Little Miss Agent may be entitled to damages for its loss arising from a relating to such breach.
12. DELIVERY OF SERVICES
- DELIVERY OF SERVICES
- The Services that you have ordered will be delivered in the manner specified on the Website or otherwise notified to you.
- It is your sole responsibility to provide any requested details and take any required pre-attendance steps that are required for your booking as described on the Website or otherwise notified to you.
- If Little Miss Agent has not received full and complete details required for the booking or if you have not completed the pre-attendance steps within the specified timeframe for your booking, Little Miss Agent may in its sole discretion elect to cancel your booking or offer an alternative booking timeframe.
- If Little Miss Agent has attended at the specified premises to deliver the Services and the Services are unable to be delivered because you have failed to provide full and complete details or you have not completed the pre-attendance steps, Little Miss Agent may in its sole discretion elect to cancel your booking or offer an alternative booking timeframe. Little Miss Agent may charge an additional fee for re-attendance for any booking if such booking has been postponed pursuant to this clause.
- If Little Miss Agent elect to cancel you booking pursuant to this Agreement as a result of your failure to provide complete details or complete any pre-attendance steps, you will be treated as having breached this Agreement and the Cancellation Fee will apply.
- Little Miss Agent is not liable for any loss, cost, expense or Claim arising in respect of the Customer as a result of the Services being placed on hold, postponed or cancelled pursuant to this Agreement.
13. CANCELLATION OF BOOKING OR SUBSCRIPTION
- You are solely responsible for notifying us of any change of date or other booking details for your booking.
- If you notify us of a change of attendance date or time at least 2 hours (during Business Hours) prior to the specified attendance time, Little Miss Agent will accept such change without penalty.
- If you provide less than 2 hours (during Business Hours) notice of any change to your booking, a Cancellation Fee of 50% of the booking fee applicable booking will apply and will be immediately due and payable.
- If Little Miss Agent cancels your booking because of your failure to comply with your obligations under this Agreement, a Cancellation Fee of 50% of the value of your booking will apply and will be immediately due and payable.
- If you need to change the scope of the Services required by you, you must provide Little Miss Agent with at least 2 hours (during Business Hours) notice as a change of date may be required to accommodate the additional Services. If less than 2 hours (during Business Hours) notice is provided to Little Miss Agent, the change request will be treated as a cancellation of the booking and a Cancellation Fee will apply.
- Little Miss Agent may immediately cancel a booking by written notice to you if:
- any invoice for Services or Cancellation Fees remains outstanding in respect of any prior booking made by the Customer;
- the Customer is, in the sole opinion of Little Miss Agent, requests, demands or expects unreasonable variations to or holds unreasonable expectations of any Service or its delivery;
- the premises at which Little Miss Agent is requested to deliver the Services is, in the sole opinion of Little Miss Agent, unsafe or unsuitable for the delivery of the requested Services; or
- Little Miss Agent or any of its representatives experiences any form of discrimination, harassment, aggressive, condescending, disrespectful or anti-social behaviour from the Customer or any of its officers, employees, agents, contractors.
- Any subscription or membership option provided by Little Miss Agent will be governed to the terms described on the Website or otherwise notified to you, including terms relating to payment, payment terns and cancellation of a subscription or membership.
- Unless otherwise specified, a monthly subscription or membership may be cancelled by providing not less than 30 days’ notice in writing by emailing firstname.lastname@example.org. The cancellation notice period will commence from the day on which such notice was received during Business Hours. As such, any notice received outside of Business Hours will be deemed to commence on the next business day.
14. LITTLE MISS AGENT OBLIGATIONS
- Little Miss Agent will use all reasonable endeavours to deliver to the Customer the Services during the specified booking timeframe provided the Customer complies with its obligations under this Agreement.
15. INTELLECTUAL PROPERTY - SERVICES
- You acknowledge and agree that all information and materials provided to you, or in respect of which you become aware, in the receipt of the Services are the sole property of Little Miss Agent. You are not permitted to use, distribute or in any manner share any materials or information received by you from Little Miss Agent or any other party in the delivery of services to you other than in the manner expressly permitted in writing by Little Miss Agent.
- You acknowledge and agree that you will obtain no rights in Little Miss Agent’s intellectual property which will at all times during this Agreement and after its termination remain the sole property of the Little Miss Agent.
- To the extent that you have or at any time acquire any right, title or interest in or in relation to the intellectual property of Little Miss Agent, by this Agreement you assign to Little Miss Agent absolutely your entire right, title and interest in such intellectual property.
16. CONFIDENTIAL INFORMATION
Each party will:
- keep the Confidential Information of the other party confidential in the same manner as its holds its Confidential Information of like kind but in no event shall the recipient exercise less than reasonable care in maintaining the confidence of such information and shall not disclose it or make it available directly or indirectly to any third party (subject to disclosure permitted under this Agreement); and
- use the Confidential Information of the other party solely for the purpose of performing its obligations under this Agreement.
- Officers and Advisors
Notwithstanding other provisions in this clause, the Customer and Little Miss Agent may disclose the terms of this Agreement (other than Confidential Information of a technical nature) to their respective solicitors, auditors, insurers, advisers and accountants on a “need to know” basis.
- Limitation of Obligation
The obligations of confidentiality under this clause do not extend to information that (whether before or after the date of this Agreement):
- was rightfully known to or in the possession or control of the recipient prior to its receipt from the other party and which is not subject to an obligation of confidentiality on the recipient;
- is public knowledge (otherwise than as a result of a breach of confidentiality by the recipient or any of its disclosees);
- is independently developed by the recipient without the use of the other party’s Confidential Information; or
- is required to be disclosed by a governmental agency or law so long as the recipient promptly provides the other party with written notice of the required disclosure.
17. GENERAL WARRANTIES & LIMITATION OF LIABILITY
- Customer obligations
Little Miss Agent will not be liable for any loss, cost, expense, inconvenience or Claim incurred by the Customer which arises from
- the Customer failing to supply accurate and timely information requested by Little Miss Agent; or
- the failure by the Customer to comply with its obligations under this Agreement.
- Fitness for Purpose
Little Miss Agent makes no warranty of fitness for purpose apart from the purposes listed in this Agreement. Any fitness for purpose warranty provided by Little Miss Agent to the Customer is dependent upon the Customer:
- providing complete and accurate information to Little Miss Agent prior to commencement of any Service; and
- complying with all Customer obligations under this Agreement;
AND in respect of any fitness for purpose Claim made by the Customer against Little Miss Agent, the Customer bears the onus of proof of establishing in respect of each Claim that it satisfies the conditions above.
18. GENERAL PROVISIONS
18.1 Goods and Services Tax
a) All Fees are exclusive of GST unless otherwise expressly advised.
b) If a payment by a party under this Agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment must be inclusive of any GST payable and will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense. That party is assumed to be entitled to a full input tax credit unless it proves, before the date on which the payment must be made, that its entitlement is otherwise.
18.2 Continued Rights
The expiry or termination of this Agreement or any Service will not affect or limit any accrued rights of the parties.
18.3 Acceptance Without Execution
The Customer will be deemed to accept the terms of this Agreement in respect of any booking and its use of the Website, without execution of this Agreement, if the Customer provides to Little Miss Agent instructions, approval or authority to proceed with the booking (including by payment of the booking fee), whether verbally or in writing, at any time after receipt by the Customer of this Agreement.
18.4 Governing Law
This document is governed by the law of the Australian Capital Territory and each of the parties irrevocably submits to the non-exclusive jurisdiction of the Australian Capital Territory.
No waiver by any party of any default in the strict and literal performance of or compliance with any provision, condition or requirement herein shall be deemed to be
a) a waiver of strict and literal performance of and compliance with any other provisions, conditions, or requirement herein, and
b) a waiver of or in any other manner release any party from strict compliance with any provision, condition or requirement in the future.