Booking means the online Booking in which the Customer engaged the Company to complete the Services.
Booking Form means the online form completed by the Customer in order to complete the Booking.
Company means Chip Group Pty Ltd ACN 641 055 718 trading as PIKTA, its successors and assigns or any person acting on behalf of and with the authority of Chip Group Pty Ltd.
Customer means the Customer (or any person acting on behalf of and with the authority of the Customer, as described on the Booking.
Drone means a Dynamic Remotely Operated Navigation Equipment equipped with a camera.
Floor Plan means an illustration that depicts the layout of each floor within a building as seen from above.
Goods means all Goods supplied by the Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described to the Customer within the Customer’s completion of the Booking Form.
Intellectual Property Rights means the Company’s intangible rights in relation to and in connection with, including but not limited to, the Company’s business name, Website, Services and Goods, including copyright, patents, trademarks, service mark rights, applications, registrations, trade names, logos, brand names and licences.
Photo Shoot means the attendance by the Company at the Property to take the required photographs in order to complete the Services and deliver the Goods.
Price means the price payable for the Goods and Services as agreed between the Company and the Customer in accordance with clause 3 of these Terms.
Property means the Customer’s property, for which the Customer engaged the Company to supply the Goods and Services.
Safe Fly Zones means all zones which are designated safe fly zones under any Civil Aviation Safety Authority rules or regulations.
Services means all Services supplied by the Company to the Customer in accordance with the Booking and includes any advice or recommendations (and where the context permits shall include any supply of Goods as defined above).
Terms means these Terms and Conditions together with any terms and conditions displayed on the Website, including but not limited to any privacy policy.
Website means www.pikta.au
2.1 The Customer is taken to have accepted and is immediately bound by these Terms upon completion of the Booking.
2.2 Where more than one Customer has entered into this agreement, the Customer shall be jointly and severally liable for all payments of the Price.
2.3 Upon completion of the Booking, these Terms are binding and can only be amended with the written agreement of both Parties.
2.4 The Company will confirm the Booking with the Customer within 24 hours of the Booking being submitted.
2.5 Goods and/or Services are supplied by the Company only on these Terms to the exclusion of anything to the contrary in the terms of the Customer’s Booking notwithstanding that any such Booking is placed on terms that purport to override these Terms.
3.1 The Price shall be the Price for the Services as detailed in the Booking.
3.2 In the event that the Services requested are outside of the standard Services detailed on the Website, the Company will provide a quote for the Services. In these circumstances, the Price shall be the Price for the Services as details in the quote.
3.3 All Prices as demonstrated on the Website, are inclusive of GST.
3.4 In the event that the Property is outside of the Company’s usual service area, the Company may, at its sole discretion, charge a travel fee. Where this fee is payable, the Company will notify the Customer prior to the scheduled Photo Shoot. This fee will be included in the tax invoice issued to the Customer upon completion of the Services and delivery of the Goods.
3.5 The Company reserves the right to alter the Price in the event of a variation to the Services as outlined in the Booking.
3.6 Any variation from the Services, the subject of the Booking (including but not limited to, any variation as a result of additional services requested by the Customer, additional fees payable for undisclosed travel, or the Customer’s breach of these Terms), will be detailed in writing and charged for on the basis of the Company’s Prices as outlined on the Website.
3.7 The Price is inclusive of standard retouching of images, including but limited to sky and grass replacement, and colour correction. However, where non-standard image retouching is required, including but not limited to large scale and complex grass replacements, surface relaying, surface painting and digital decluttering, the Company may, in its sole discretion charge additional fees for non-standard image retouching.
3.8 The Price is inclusive of the provision of the Services within the Company’s standard working hours, being Monday to Friday 9am to 5pm. Where the Services are required to be completed on weekends or outside of the Company’s standard hours, the Company may, in its sole discretion, charge an additional fee in the amount of $200, to be advised to the Customer prior to the commencement of the Services.
4.1 Upon completion of the Services, the Company will issue the Customer with a tax invoice for the Services in accordance with the Price as agreed in the Booking, with any variations outlined in the invoice.
4.2 Time for payment of the Invoice is of the essence and will be stated on the tax invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the tax invoice.
4.3 Payment is to be made by cash, or by bank cheque, cheque, or by direct credit, or by credit card, or by any other means as agreed between the parties.
4.4 The Company may, in its sole discretion, restrict the Customer from downloading the Goods until the tax invoice is paid in full.
5.1 Subject to clause 10, the Company will complete the Photo Shoot at the date and time stated in the Booking or as agreed between the parties.
5.2 The Customer is to ensure that the Property is ready for the Photo Shoot prior to the Company’s arrival at the Property, including but not limited to ensuring that the Property is clean and tidy, all furniture is positioned where required, and relevant items that are not to be photographed are removed. The Company will not move any personal items.
5.3 The Company is not responsible for the staging or styling of the Property and will not be liable for any photographs taken of items or areas that is not styled or staged to the Customer’s satisfaction.
6.1 Where the Services include the use of Drone photography, the Customer acknowledges and agrees that the Booking is subject to Safe Fly Zones, suitable whether conditions and a risk assessment to be completed by the Company at the time of the Scheduled Photo Shoot.
6.2 In the event that the Company determines that the conditions do not allow for the use of Drone photography, the Company may, in its sole discretion, cancel the Photo Shoot, or any part thereof, and reschedule the Photo Shoot to another date and time. A cancellation fee will not be charged to the Customer for such cancellation.
6.3 The Company may, in its sole discretion, refuse to use the Drone in circumstances which are deemed, by the Company to be unsafe or unlawful.
7.1 In the event that the Services includes the development of a Floor Plan of the Property, the Customer acknowledges that:
(a) the Price for the Floor Plan, as demonstrated on the Booking, is calculated based on the internal floor area of the Property;
(b) if the Customer provides incorrect measurements of the internal floor area of the Property in the Booking Form, the Company may, in its sole discretion, charge an additional fee for the actual internal area of the Property, as measured by the Company at the time of the Photo Shoot;
(c) measurements are approximate and have not been surveyed or drawn to scale;
(d) the Company is not liable for any errors in the measurement of any areas or information contained within the Floor Plan;
(e) the Floor Plan is to be used solely for illustrative purposes.
8.1 The Customer is to be present at the Property throughout the duration of the Photo Shoot.
8.2 In the event that the Customer is not present at the scheduled Photo Shoot, the Photo Shoot cannot be completed, unless an alternative arrangement has been agreed between the parties in writing, prior to the commencement of the Photo Shoot.
8.3 In the event that the Property is vacant, the Company may, upon prior written agreement with the Customer, attend the Property to complete the Photo Shoot without the Customer being present.
8.4 In the event that the Customer requires the Company to collect keys to access the Property, the Customer must request such at least 5 business days prior to the scheduled Photo Shoot. The Company may, in its sole discretion, refuse to collect the keys, in which case, the Customer must make alternative arrangements to have the keys delivered to the Company or attend at the Property to allow the Company access to the Property.
8.5 In the event that the Company agrees to collect the keys from the Customer’s nominated location, the Company may, in its sole discretion, charge a fee for the collection and return of the keys.
9.1 Delivery of the Goods will take place upon the Company transmitting a link to the Customer’s nominated email address for the Customer to access and download electronic copies of the Goods.
9.2 The Company will do all things necessary to deliver the Goods to the Customer within the timeframe detailed on the Booking.
9.3 In the event that the Booking does not detail the delivery timeframe of the Goods, the Company will endeavour to deliver the Goods to the Customer prior to 5pm the following business day after completion of the Photo Shoot.
9.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
9.5 The Company shall not be liable for any loss or damage due to any failure by the Company to deliver the Goods (or any of them) promptly or at all due to circumstances beyond the control of the Company.
10.1 In the event that the Company cannot complete the Photo Shoot for any reason, at the date and time stated in the Booking, the Company will provide the Customer with reasonable notice and the Photo Shoot will be rescheduled to a new date and time as soon as practically possible, and in any event within five (5) business days of the original Photo Shoot.
10.2 Notwithstanding clause 10.1, the Company may cancel this agreement without any notice to the Customer for circumstances that are outside of the Company’s control, including but not limited to poor weather conditions, contraction of illness or injury by the Company or any of its employees, subcontractors or agents, or where government restrictions have been implemented. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.3 The Company will not refund any amounts that have already been paid, for Services that have already been provided to the Customer irrespective of the circumstances.
10.4 In the event that the Customer cancels the Booking prior to the Company’s completion of the Services, then the Customer will be required to pay a cancellation fee in the amount that is equal to 50% of the Price.
10.5 In the event that the Company is unable to access the Property at the time of the scheduled Photo Shoot, this will be deemed to be a cancellation pursuant to clause 8.4 and a cancellation fee will be payable by the Customer.
10.6 In the event that the Customer cancels this agreement pursuant to clause 10.4, then the Customer shall be liable to the Company for any losses or costs incurred by the Company (including but not limited to any loss of profits), up to the time of, or as a result of the cancellation.
11.1 Any Intellectual Property Rights, including but not limited to copyright, contained in any designs and drawings and any other document provided to the Customer by the Company in relation to the provision of the Services or Goods, shall remain the property of the Company.
11.2 The Company grants the Customer a non-transferable, non-exclusive licence to use the Goods for the purposes of the provision of Services subject to these Terms.
11.3 The Customer agrees as expressly set out in this agreement and as permitted by law, that the Customer will not copy, reproduce, modify, prepare derivative, distribute, licence, lease, sell, re-sell, transfer, publicly perform, transmit, stream, broadcast or otherwise exploit the Goods.
11.4 The Customer agrees that the Company may (at no cost) use for the purposes of marketing or entry into any competition, any photographs, designs, drawings or Goods which the Company has created for the Customer.
12.1 The Customer acknowledges and agrees that:
(a) all images or any works created by the Company, are the property of the Company, irrespective of whether they are issued to the Customer through electronic means, including but not limited by email or displayed on the Website;
(b) it must not use any part of the photographs, videos, or any other images or files downloadable from the Website or transmitted through email, for any purpose other than the purpose the subject of this agreement;
(c) it must not use, copy, alter, reproduce, or re-sell any content of the Company without the prior written consent of the Company, except as provided for under the Copyright Act 1968 (Cth); and
(d) the Company is entitled to seek damages from the Customer for any breach of these Terms.
13.1 The Customer acknowledges that they will not:
(a) use the Goods or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously in their actions with respect to the Goods or Services;
(b) infringe on the Company’s Intellectual Property Rights in accordance with clause 9 of this agreement or those of any third party in relation to the Customer’s use of the Goods or any Services;
(c) use the Goods in any way that could damage the Company’s reputation or cause any harm to the Company.
13.2 The Customer warrants that:
(a) by completing the online Booking Form and submitting the request for Services, they hold authority to instruct the Company on behalf of any client, agent or representative;
(b) by completing the online Booking Form and submitting the request for Services, they indemnify the Company, its agents or representatives during the course of, and for the purpose of the Company carrying out the Services;
(c) by completing the online Booking Form and submitting the request for Services, the Customer indemnifies the Company for any penalty or liability incurred by the Company during the course of, and for the purpose of the Company carrying out the Services.
14.1 The Company declaims all representations and warranties, express or implied or statutory, not expressly set out in these Terms, including any implied warranties of fitness for a particular purpose and non-infringement.
14.2 The Company makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Goods or Services or any Services requested in the Booking Form or that the Services will be uninterrupted or free from any errors.
14.3 The Customer agrees that the entire risk arising out of the Customer’s use of the Services remains solely with the Customer, to the maximum extent permitted under law.
15.1 The Company shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including any lost profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Goods or completion of the Services, even where the Company has advised the Customer of the possibility of such damages.
15.2 The Company shall not be liable for any damages, liabilities or costs arising out of:
(a) the Customer’s use and reliance on the Services or the Customer’s inability to access or use the Services;
(b) delay or failure in performance resulting from causes beyond the Company’s reasonable control;
16.1 Interest on overdue tax invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half (2.5%) per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Customer owes the Company any money, the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company’s collection agency costs, and bank dishonour fees).
16.3 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these Terms, the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the Terms. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.
16.4 Without prejudice to the Company’s other remedies at law, the Company shall be entitled to cancel all or any part of any Booking of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors (other than as specified in the amendments to the Corporations Act 2001 (Cth) enacted by Part 2 of the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth)); or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
17.1 The Customer agrees and acknowledges that it is bound by the Privacy Policy outlined on the Website and any breach of that Privacy Policy may amount to a breach of these Terms.
18.1 The failure by the Company to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 These Terms and any agreement to which they apply shall be governed by the laws of the state in which the Company has its principal place of business, and are subject to the jurisdiction of the courts in that state.
18.3 Subject to clause 15, the Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these Terms (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
18.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
18.5 The Company may license or sub-contract or engage all or any part of its rights and obligations without the Customer’s consent.
18.6 The Customer agrees that the Company may amend these Terms at any time. If the Company makes a change to these Terms, then that change will take effect within 14 days of publishing the change on the Website. The Company will be taken to have accepted such changes if the Customer makes a further request for the Company to provide Services to the Customer after 14 days of publication.
18.7 Neither party shall be liable for any default due to any act of God, pandemic, epidemic, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
18.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
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PO BOX 4609, Forest Lake QLD