Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Australia
  • Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Real Radiance, Sydney.
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions(also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Real Radiance, accessible from realradiance.com.au
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Real Radiance. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. Real Radiance does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Real Radiance considers your privacy very important. The following document outlines our policies when dealing with the information you provide us. The following policies provide additional terms and conditions related to Real Radiance site. In addition to these terms and conditions you must also comply with our Privacy Policy and Disclaimer.

‘’ Real Radiance’’, ‘’we’’, ‘’us’’ represent Real Radiance website and/or agency. ‘’The customer’’, ‘’The client’’, ‘’You’’ represent any person uses Real Radiance products and/or services.

All Real Radiance products and services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, Real Radiance Products and Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use these products or services.

Acceptance of these Terms and Conditions

The customer signifies acceptance of these terms and conditions as well as our Privacy Policy and our disclaimer when Real Radiance accepts the customer’s order for Services. The Customer acknowledges that they are aware of the contents of and agrees to be bound by these terms.

Real Radiance has the right to revise these Terms and Conditions at any time without providing notice to its users. Your continued use of Real Radiance Products and Services and/or your Account shall be deemed irrevocable acceptance of those revisions.

Commencement of the Agreement

This agreement commences on the date Real Radiance accepts the customers orders. No Contract shall come into existence until the Customer’s order has been accepted by Real Radiance and a full upfront payment is paid by the customer. The contract shall be deemed concluded at the time and place when the final service is completed and accepted by the Customer.

Customers warranties, liabilities and undertakings

The customer agrees to indemnify and keep indemnified and hold Real Radiance harmless from and against any claim brought against us by a third party resulting from the provision of services by Real Radiance to the customer and/or the customer’s use of services on-sold to the customer whereby Real Radiance acts as a reseller, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses, or liabilities, whatsoever suffered and howsoever incurred by Real Radiance in consequence of the customer’s breach or non-observance of these terms.

The customer warrants that they will keep secure any passwords used with the services provided by Real Radiance.
The customer further warrants that at the time of entering into this agreement they are not relying on any representation made by Real Radiance which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced. The customer agrees that they are solely responsible for dealing with persons who access their service accounts and that they will not refer complaints or inquiries in relation to such access to us.

Warranties and Liabilities

Real Radiance accepts liability for the supply of the Services to the extent provided in this agreement.
Real Radiance does not warrant that:
1) the Services provided under this agreement will be uninterrupted or error free; the Services will meet the customers requirements, other than as expressly set out in this agreement; or 2) Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the services or systems of Real Radiance.

Except as expressly provided to the contrary in this agreement, Real Radiance excludes all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
Real Radiance gives no express or implied warranties including, without limitation, the warranties of merchant ability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by Real Radiance, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and the customer may not rely on any such information or advice. Real Radiance total aggregate liability to the customer for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by the customer in respect of the services which are the subject of any such claim and provided that the customer notifies Real Radiance of any such claim within one year of it arising. In no event will Real Radiance be liable to the customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974, nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the customer pursuant to the Act, Real Radiance sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except as otherwise specified in this agreement) to: A) The replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or B) The repair of the goods or payment of the cost of having the goods repaired; C) The supplying of the Services again; or D) The payment of the cost of having the Services supplied again.

Real Radiance specifically exclude any warranty as to the accuracy or quality of information received by any person via the customer’s service product account and in no event will Real Radiance be liable for any loss or damage to any data stored on the customer’s account. The customer is responsible for maintaining insurance cover in respect of any loss or damage to their data stored on our servers.

Fees, charges, payments and Refund Policy

All charges payable by the customer to Real Radiance for the Services will be in accordance with the relevant scale of charges and rates published from time to time on Real Radiance website and will be due and payable each month, in advance of service use. (if applicable)

The customer’s account will only be created and setup for use once the full payment has been received by Real Radiance. (if applicable)
Upon ordering a service/product through the Real Radiance website and accepting these General Terms and Conditions, the customer will be charged for the full amount in advance.

If Real Radiance tries to process a payment and is unsuccessful for any reason, the customer will be informed via Email. All prices quoted on the Real Radiance website are in Australian Dollars (AUD) and include government taxes (GST) unless otherwise noted. All charges paid for Real Radiance products and services are non-refundable unless otherwise specified.

If a customer’s account is closed for any reason, the customer must pay all outstanding charges immediately (if applicable). Failure to pay all outstanding charges may result in the account being passed to a third party collection agency. If a customer’s outstanding account is passed onto a third party collection agency the customer will be charged the full outstanding amount of the Real Radiance accounts plus any fees, charges and/or commissions associated with the costs of the collections agency. Real Radiance reserves the right to add late fees to the total invoice if the amount is not paid within 30 days of project completion.

Archiving and backup your data

While Real Radiance will archive the customer’s data on a regular basis for the purposes of disaster recovery, these backups may or may not be current and Real Radiance will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from the backups.

Entire Agreement

These terms and conditions constitute the entire agreement between Real Radiance and the customer. It supersedes all prior agreements, understandings and representations whether oral or written.

Notifications & Communications

By entering into this agreement, the customer agrees to receive other email communications of a marketing and promotional nature from Real Radiance or its partners (if applicable) unless the customer chooses to opt out of the Real Radiance mailing list. Any communications deemed to be an essential part of the Real Radiance service to the customer will still be sent regardless of whether the customer has chosen to opt out of the Real Radiance mailing list.

Links to Third-Party Websites

This website may contain links to non- Real Radiance websites. These links are provided to you as a convenience, and Real Radiance is not responsible for the content of any linked website. Any non- Real Radiance website accessed from this website is independent from Real Radiance, and Real Radiance has no control over the content of that website. In addition, a link to any non- Real Radiance website does not imply that Real Radiance endorses or accepts any responsibility for the content or use of such website.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Real Radiance of that third party or of any product or service provided by a third party.

Contacting Us

You can email us at: legal@realradiance.com.au. For accounts relating matters: hello@realradiance.com.au

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