Terms & Conditions

Last updated on 9 November 2021

Anna Maria Rohrlach ABN 27 739 214 289

Operating under the business name My 3D Home

TERMS AND CONDITIONS

FOR OUR SERVICES AND USING THIS WEBSITE

Welcome to My 3D Home.

In these terms, we also refer to My 3D Home as “our”, “we, or “us”.

And you are you!

What are these terms about?

These terms apply when you engage us to perform photography services to produce a virtual 3D tour of a property, and other related services from time to time ( Services ).

These terms also apply when you use this website, being my3dhome.com.au  and any other websites we operate with the same domain name and a different extension (“ Website ”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here my3dhome.com.au

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you engage us to perform Services
  • Part B: Terms for when you browse and interact with this Website
  • Part C: Liability and warranties, and interpretation provisions (applies to both engage us to perform Services and interacting with this Website)

Please let us know if you have any questions about these terms, and don’t engage us to perform Services or continue using this Website unless you have read and agree to these terms. You will be taken to have accepted these terms if you click the tick box to accept these terms, pay any fees associated with the Services, or otherwise engage us to perform the Services and use our Website.

  1. For When You Engage us to Perform Services…
  1. services
  1. THE PROCESS
  1. Unless otherwise agreed, as part of the Services, we will:
  1. attend the property which is the subject of the 3D photography services ( Property ) and perform 3D photography services of the Property ( Photography Session ); and
  2. produce a 3D virtual tour of the Property ( Virtual Tour ), which can be accessed by way of a URL link ( Link ).
  1. We will provide you with an invoice ( Invoice ) which will detail the Services as agreed between you and us and the fees associated with the Services ( Fees ).  
  2. Your booking will be secured by paying the deposit set out in the Invoice (usually 50% of the Fees, unless otherwise specified in an Invoice) ( Deposit ).
  3. On receipt of the Deposit, we will arrange a time for the Photography Session with you.
  4. The Deposit is non-refundable unless you provide us with at least 24 hours’ notice before the Photography Session that you would like to cancel the Services.
  5. We will confirm with you when the Virtual Tour is produced and provide you with the Link to access the Virtual Tour ( Link Confirmation ). You will have 7 days from the Link Confirmation to pay the balance of the Fees, failing which we cancel the Link and you will no longer have access to the Virtual Tour.
  1. access to the link
  1. You will be able to access and distribute the Virtual Tour via the Link from the date of the Link Confirmation for the term as specified in the Invoice (or if no term is specified, 6 weeks) ( Initial Term ).
  2. At the end of the Initial Term, the Link will expire and you will no longer have access to the Virtual Tour, unless you notify us that you would like access to the Link beyond the Initial Term (each additional period called a Renewal Term ). We will notify you of the additional Fees associated with the Renewal Term.
  3. We may retain your Virtual Tour in our archives after the Initial Term or Renewal Term ends (however do not guarantee that we will do so), so if you would like us to generate a new Link for access to the Virtual Tour please contact us and we will confirm next steps.
  4. These terms will apply to any Renewal Term(s).
  1. acknolwedgments
  1. You acknowledge that:
  1. while we aim to have a consistent style across all our virtual tour projects, the Virtual Tour may contain elements of artistic expression and interpretation and may not be consistent in style with the virtual tours displayed on our Website or other portfolios, due to factors such as lighting, weather conditions, and furniture in the Property;
  2. the Virtual Tour will be edited at our discretion, including exposure and colour adjustments;
  3. while you are entitled to receive the Link to the Virtual Tour, you are not entitled to any working files or materials; and
  4. we do not guarantee any particular results from the Services or Virtual Tour, including any particular interest in or revenue generated from the marketing of the Property using the Virtual Tour.
  1. your obligations
  1. PROVIDE INFORMATION AND LIAISON
  1. You must provide us with all documentation, information and assistance reasonably required for us to perform the Services.
  2. You agree to liaise with us as we reasonably request for the purpose of enabling us to provide the Services.
  1. PERMISSIONS AND RELATED FEES
  1. You must obtain any necessary consent or permission which may apply for us to perform the Photography Session at the Property and Services in respect of the Property, including permission from the owner and/or tenant of the Property (as applicable).
  2. You must arrange for any services and pay any fees required to prepare the Property for us to perform the Services, such as the hire of furniture or property stylists. We are not responsible for preparing the Property in any way for the Photography Session.
  1. ACCESS AND SAFETY
  1. You must arrange for us to have access to the Property at the agreed date and time for the Photography Session.
  2. You must ensure that the Property complies with the relevant work health and safety standards and is otherwise safe for the Services to be performed. We will not be liable for any non-performance of the Services if you request that the Services be provided at a location or in a manner that is unsafe in our reasonable opinion.
  1. ACKNOLWEDGEMENTS
  1. You acknowledge and agree that:
  1. it is your responsibility to ensure that the Property is ready for the Services to be performed, including that any tenants of the Property are notified and absent from the Property (if applicable) and any animals are restrained, failing which we may need to reschedule the Photography Session and charge you in accordance with clause 3.3;
  2. any estimate of the date by which we will complete any part of the Services is contingent upon you providing complete instructions to us and fully cooperating with us; and
  3. you must let us know within 24 hours of the Link Confirmation if you would like any changes to the Virtual Tour. If your changes are substantial, we may charge additional for the changes in accordance with clause 3.3.
  1. CANCELLATIONS & changes to the services
  1. CANCELLATION BY US
  1. We reserve the right to cancel the Services for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
  2. We may need to reschedule the Photography Session for any reason, including due to unsatisfactory weather conditions or due to government regulations in relation to COVID-19. We will notify you of this as soon as possible and we will work with you to find a mutually convenient date for the reschedule.
  3. We may need to arrange a subsequent Photography Session for any reason, including due to incomplete or unsatisfactory photography captured during the first Photography Session. If we request a re-shoot, there will be no additional Fees payable by you and we will work with you to find a mutually convenient date for the re-shoot.
  4. We are not liable to pay any compensation to you if we need to cancel the Services and/or the Photography Session, except for the return of the Deposit.
  5. We reserve the right to reschedule the Photography Session if we are unable to access the Property. We may charge additional call-out fees if we need to reschedule the Photography Session.
  1. CANCELLATION BY YOU
  1. As set out in clause 1.1(e), the Deposit is non-refundable unless you provide us with at least 24 hours’ notice before the Photography Session that you would like to cancel the Services.
  2. If you need to reschedule the Photography Session, please provide us with as much notice as possible. If you reschedule the Photography Session more than once, or do not provide us with at least 24 hours’ notice, we may consider this a “Change” in accordance with clause 3.3 below and quote you to perform the rescheduled Photography Session.
  3. Please contact us if you need to reschedule the Photography Services due to government regulations in relation to COVID-19.
  1. CHANGES
  1. You must pay additional service fees for changes to Services requested by you which are outside the scope of the Services as set out in an Invoice ( Changes ).
  2. Generally, where Changes are required, we will provide you with a fixed-fee quote for the additional Services in advance of them being performed. Where no such fixed fee quote is agreed, Changes will be charged on a time and materials basis at our standard rates.
  3. Unless otherwise agreed in writing, we may at our discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.
  1. PAYMENT
  1. FEES
  1. You must pay to us the Fees in the amounts and at the times set out in the Invoice or as otherwise agreed in writing.
  1. INVOICES
  1. Unless otherwise agreed in writing:
  1. if we issue an Invoice to you, payment must be made by the time(s) specified in an Invoice; and
  2. in all other circumstances, you must pay for all goods and services within 2 weeks of receiving an Invoice for amounts payable.
  1. PAYMENT METHOD
  1. You must pay Fees using the fee payment method specified in an Invoice.
  1. GST
  1. Unless otherwise indicated, amounts stated in an Invoice do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
  1. CARD SURCHARGES
  1. We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
  1. INTELLECTUAL PROPERTY
  1. CLIENT CONTENT
  1. You grant to us (and our contractors, employees and agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Content to the extent reasonably required to perform any part of the Services.
  2. You:
  1. warrant that our use of Client Content as contemplated by these terms will not infringe any third-party Intellectual Property Rights; and
  2. will indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.
  1. DEVELOPED IP
  1. All Developed IP will be solely and exclusively owned by us.
  1. MY 3D HOME IP
  1. We grant to you a non-exclusive, royalty free, non-transferable and revocable licence to use My 3D Home IP and any Developed IP to the extent required for you to use, enjoy the benefit of the Virtual Tour for the Initial Term and any agreed Renewal Term(s).
  2. Unless otherwise agreed in writing by us, you will not acquire Intellectual Property Rights in any My 3D Home IP under these terms or as part of receiving the Services.
  1. DEFINITIONS
  1. For the purposes of this clause 5:
  1. “ Client Content ” means any Material supplied by you to us under or in connection with these terms, including any Intellectual Property Rights attaching to that Material.
  2. “ Developed IP ” means the Virtual Tour and any other Material produced by us in the course of providing the Services, either alone or in conjunction with you or others, and any Intellectual Property Rights attaching to that Material.
  3. “ Intellectual Property Rights ” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of these terms.
  4. “ My 3D Home IP ” means all Material owned or licensed by us that is not Developed IP and any Intellectual Property Rights attaching to that Material.
  5. “ Material ” means the Virtual Tour, tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.
  1. ACCREDITATIONS and inTegrity of THE VIRTUAL TOUR
  1. Unless otherwise agreed in writing:
  1. all displays or publications of the Virtual Tour or other Material provided to you as part of the Services must, if requested by us, bear an accreditation and/or a copyright notice including our name in the form, size and location as directed by us;
  2. you warrant that you will not alter the Virtual Tour in any way; and
  3. we retain the right to describe use the Virtual Tour and reproduce, publish and display the Virtual Tour in our portfolios, websites and social media for the purposes of recognition or professional advancement, and to be credited with authorship of the Virtual Tour in connection with such use. Please let us know in writing if you do not agree to us reproducing, publishing and displaying the Virtual Tour for the purposes set out in this clause 6.
  1. THIRD PARTY GOODS AND SERVICES
  1. Any Services that require us to acquire goods and services supplied by a third party on behalf of you may be subject to the terms & conditions of that third party ( Third Party Terms ), including ‘no refund’ policies.
  2. You agree to any Third Party Terms applicable to any goods and services supplied by a third party that you or we acquire as part of the Services and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  1. SUBCONTRACTING
  1. We may subcontract any aspect of providing the Services and you hereby consent to such subcontracting. We will not be liable for performance delays nor for non-performance due to causes beyond our reasonable control.
  1. FORCE MAJEURE
  1. We will not be liable for performance delays nor for non-performance due to causes beyond our reasonable control, including any delay due directly or indirectly to COVID-19.
  1. Expiry and TERMINATION
  1. This agreement will expire at the end of the Initial Term or any Renewal Term(s).
  2. The cancellation terms set out in clause 3 apply, and this agreement will be considered terminated on cancellation.
  3. We may terminate this agreement in whole or in part immediately with written notice to you if you are in breach of these terms. If these terms are terminated in accordance with this clause 10(c), you acknowledge and agree that your access to the Link will be cancelled by us and you must promptly pay any outstanding Fees.
  4. Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.

  1. For When You Browse This Website…
  1. ACCESS AND USE OF THE WEBSITE
  1. You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
  1. YOUR OBLIGATIONS
  1. You must not:
  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of My 3D Home;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Services;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of My 3D Home, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  1. gaining unauthorised access to Website accounts or data;
  2. scanning, probing or testing the Website for security vulnerabilities;
  3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  4. instigate or participate in a denial-of-service attack against the Website.
  1. INFORMATION ON THE WEBSITE
  1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
  1. the Website will be free from errors or defects (or both, as the case may be);
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; and
  5. any information provided through the Website is accurate or true.
  1. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  1. INTELLECTUAL PROPERTY
  1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) ( Website Content ) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.
  3. In this clause, “ intellectual property rights ” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  1. THIRD PARTY TERMS AND CONDITIONS
  1. You acknowledge and agree that third party terms & conditions ( Third Party Terms ) may apply.
  2. You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  1. LINKS TO OTHER WEBSITES
  1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
  2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  1. THIRD PARTY PLATFORM
  1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
  2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  1. SECURITY
  1. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
  1. REPORTING MISUSE
  1. If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
  1. Liability And Other Legal Terms…
  1. LIABILITY
  1. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the  Services, this Website, these terms or any other services provided by us, is limited to the greater of:
  1. the total Fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability; and
  2. $100AUD.
  1. All other express or implied representations and warranties in relation to the Services are, to the maximum extent permitted by applicable law, excluded.
  2. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010  (Cth) ( ACL ). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
  3. ( Indemnity ) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
  1. breach of any of these terms;
  2. use of the Website; or
  3. use of any Services provided by us.
  1. ( Consequential loss ) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or the Services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  1. DISPUTE RESOLUTION
  1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
  2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the
  1. GENERAL
  1. GOVERNING LAW AND JURISDICTION
  1. This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  1. WAIVER
  1. No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  1. SEVERANCE
  1. Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
  1. JOINT AND SEVERAL LIABILITY
  1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
  1. ASSIGNMENT
  1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
  1. COSTS
  1. Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
  1. ENTIRE AGREEMENT
  1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
  1. INTERPRETATION
  1. ( singular and plural ) words in the singular includes the plural (and vice versa);
  2. ( currency ) a reference to $, or “dollar”, is to Australian currency;
  3. ( gender ) words indicating a gender includes the corresponding words of any other gender;
  4. ( defined terms ) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  5. ( person ) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  6. ( party ) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  7. ( these terms ) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  8. ( document ) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  9. ( headings ) headings and words in bold type are for convenience only and do not affect interpretation;
  10. ( includes ) the word “includes” and similar words in any form is not a word of limitation; and
  11. ( adverse interpretation ) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  1. NOTICES
  1. A notice or other communication to a party under this agreement must be:
  1. in writing and in English; and
  2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement ( Email Address ). The parties may update their Email Address by notice to the other party.
  1. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
  1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory ; or
  2. when replied to by the other party,

whichever is earlier.