Terms of Use
‘Your Virtual Tour’ is a trading name of APIRender.com Pty Ltd (“APIRender.com” or referred to herein as “us”, “we”, “our” or “the website”). Users of this Website agree to be bound by the following Terms or Use (“Terms”). We reserve the right to update these Terms when required, and it is the responsibility of the user to review the Terms or Use regularly.
Use of this Website and Materials
We created this Website to provide information, Products, services and tools for personal use. Content on this Website such as images, photographs, logos and videos (“Materials”) are protected by copyright, design and trademark legislation and under national laws in each country, and international treaty provision. You must not copy, change or use these materials for commercial gain. A breach or violation of any of the Terms will automatically terminate users’ permission to use our material and all materials must be destroyed and deleted.
User’s Submissions
Unsolicited communication or materials submitted to us through the Website’s contact form or via electronic mail, excluding personal information, including questions, comments, suggestions or similar will be treated as non-confidential and non-proprietary by us. Users who submit the communications agree to grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, publish, edit, reproduce, translate, distribute and display in any current or future media platforms.
Modifications to the Service and Prices
Prices for our Products are subject to change without notice. We try to ensure that all Product descriptions, pricing, and shipping costs are accurate, however errors may occur at times, and any errors will be corrected as soon as possible. We shall not be liable to you or to any third-party for any price change, modification interruption or discontinuance of the Service. When placing an order on this Website you are entering a legally binding contract with Your Virtual Tours in which you are agreeing to purchase the goods and services subject to our Terms or Use.
Links
Our Website may include links to blogs and other third-party Websites that are not affiliated with us. We accept no responsibility for reviewing the content on these third-party Websites and do not accept any liability for materials, Products, and services available on these third-party Websites. Any complaints relating to the third-party Website should be directed to its owner/s and not us. We are not responsible for any harm or damages incurred from the use or purchase of materials, Products, and services from these third-party Websites. We encourage you to carefully review any third-party Website’s Policies and accept any Terms or Use before engaging in any transaction on a third-party Website or using any of their materials, Products, and services.
Privacy Statement
We have established the Privacy Policy to assist you in understanding what information we collect when you use the Website, and how that information is used. Upon purchasing merchandise from our online store, we collect your name, email address and other details for the following reasons;
Personal information you make available to us is provided voluntarily upon ordering Products from our online platform or when you subscribe to our email newsletter and other promotional emails. Information is stored within Australia and protected to the best of our ability. Personal information will never be disclosed to any third party unless required by law. In the event that Your Virtual Tours is acquired as a result of an acquisition, sale, merger or liquidation, your personal information may also be transferred.
As you browse our website we may automatically collect information about your IP address, pages visited and type of computer and browser used to assist us in improving its operating system and user experience. We use Google Analytics to collect this information.
Personal information will be with stored within Australia and industry best practices are employed to ensure your personal information is not misused, altered, lost, accessed or destroyed. Your information may only be disclosed if we are required to do so by law or if you violate our Terms or Use. Please review the Privacy Policy for further information.
Contract Formation
When placing an order on this Website you are entering a legally binding contract with us in which you are agreeing to purchase the goods and services on and subject to our Terms or Use. A contract exists when your payment has been approved by our billing agent, after which an email will be received to confirm receipt of your order. Please note that we are not obliged to accept your order and retains the right not to accept an order at any time, for whatever reason at our sole discretion. You must not transfer, charge, assign or dispose of the contract, without the prior written consent from us. We reserve the right to transfer, charge, assign or terminate the contract at any time.
Products
We provide property marketing services that include, but are not limited to, virtual tours, 360 photo editing, 360 virtual staging, architectural animation, virtual reality experiences and other project marketing materials. We use the information that you provide us to produce these products to the best of our ability. Any adjustments requested after the completed product has been delivered to the client may be granted at our discretion. It is your responsibility to provide as much information as possible when submitting your order using our order form. Although we will fulfil your order at the best of our ability using the information you provide, we cannot guarantee that the final products and services we provide will be free from errors or inaccuracies. We are not liable for any damages, claims or legal action resulting from the use of any materials provided by us or if the materials provided are considered false or misleading from any third parties.
We are not liable for you or any third party for any damages including, but not limited to, lost profits, incidental, consequential or special damages as a result of how you have used the materials we have provided.
Copyright
You must have the rights or permissions from the relevant parties to submit any photos, drawings, plans and any other materials or information to us if you wish to use our service.
By using our service you guarantee that any elements of photos, text, designs, blueprints, graphics, trademarks, or any other artwork that you have provided are either owned by you or you have been granted permission by the owner. You or the party you are representing own all materials transferred to you once your order with Your Virtual Tours has been completed.
Payment Security
All payments are processed by a third party payment gateway; PayPal and Stripe.
Indemnity
We are not liable for any damages, claims or legal action resulting from the publication of any products and marketing materials provided by us and used by the client. The client shall indemnify us against any claims and damages that are the result of the client’s or vendor’s use of the images.
Promotional Use
We retain the right to use the images and materials provided for purposes of marketing and promotion of the business and its services.
Returns
You are protected by you rights under the Australian Consumer Law, however we do not offer refunds if you simply change your mind or do not require the products we have provided you with as per your initial order.
Liability
In the event that Your Virtual Tours does not comply with these Terms, we are only responsible for the purchase Price of the Products and no other expenses or loss associated with us not complying with these Terms.
Communications and Notices
Communications between you and us will be electronic, and you agree to this means of communication and acknowledge that all information, correspondence, contracts and notices provided to you by us comply with any legal requirements that such communications be in writing.
When using the Website, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications provided to you electronically comply with any legal requirement that such communications be in writing. This Condition does not affect your statutory rights.
Notices to us must be sent via email to [email protected]. Notices are classified as received by us immediately if submitted via our Website or 24 hours via email, and we are not responsible if the notice is not received because you have used an incorrect email address.
Variations to Terms or Use
We reserve the right to modify, add or remove parts of these Terms or Use at any time at our sole discretion. It is your responsibility to regularly review these Terms for changes, and any continued use of the Website confirms your acceptance to these changes and agreement to the Terms or Use.
Disclaimer
All information on the Website is to be used for general information purposes only. To the maximum extent permitted by law, all representations and warranties, whether express or implied, with respect to such information, services, Products and materials, including, but not limited to, warranties of non-infringement, merchantability, and implied warranties resulting from course of performance or course of dealing disclaimed. Although methods are employed to maintain the protection of your personal information we do not warrant that the information accessible via the Website is complete, accurate, current or free from inaccuracies.
Prohibitions
You must not misuse this Website. The transmission or distribution of any virus, worm, Trojan or the posting of any material that may be offensive in nature; hacking into the service; the corruption of data; or committing or encouragement of a criminal offence will be reported to the relevant enforcement authorities. We are not liable for any loss or damage caused by viruses or technologically harmful material experienced while using the Website, or as a result of using the Website or other Website linked from it. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
In using this Website, you agree that your use of the Website is at your own risk. We cannot guarantee or warrant that your use of the Website will be uninterrupted, secure or error-free. In using this Website and/or purchasing our Products and services you agree to indemnify, defend and hold harmless our directors, employees, consultants, and affiliates, from third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising your breach of Terms.
Copyright Notice
All content of this Website is either Copyright ©APIRender.com 2020 or licensed for use by APIRender.com. All rights reserved.
Trademark Notice
All trademarks and logos (collectively “trademarks”) displayed on this Website are registered or unregistered trademarks or are licensed for use by third parties. Trademarks must not be used without the written permission of API Render.com. Unauthorised use of our Trademarks is strictly prohibited.
Severability
In the event that an authority decides that any of the provision of these Terms is unlawful, invalid or unenforceable to any extent, the subject Term will be severed from other provisions outlined in the Terms or Use.
If any court or relevant authority decides that any of the provisions of these Terms or Use or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
Governing Law
These Terms of Service and any separate Agreements whereby we provide you materials, Products and services shall be governed by and construed in accordance with the laws of the state of Queensland and the Commonwealth of Australia in addition to copyright, design and trademark legislation and under national laws in each country, and international treaty provision.
General Provisions
Please email any questions or queries you may have to [email protected].
Last Updated: 1st October, 2020.