Terms and conditions

Welcome to our website. 

This website with URL address octarineprojects.com is owned and operated by Octarine Projects Pty Ltd, ABN 77 62 441 4526.

The terms ‘us’ or ‘our’ or ‘we’ refers to Octarine Projects Pty Ltd, the owner of the website, whose registered office is in  New South Wales, Australia. The term ‘you’ or ‘your’ refers to the website user.

Octarine Projects Pty Ltd is a business that provides the following services and products:

• Office organisation
• Time management coaching
• Organising and de-cluttering services
• Downsizing / senior move (relocation) management
• Design assistance for your home office, kitchen or wardrobe

Please read these Website Terms of Use carefully, as together with our Privacy Policy and the Services Terms and Conditions below it sets out your important rights and obligations in relation to:

1. the use of this website 

2. all services and products provided through this website.

Should you not agree with any of these terms and conditions, please do not use our website.

1. Your use of this website is subject to the following terms and conditions:

1.1. When you visit this website and use our services or purchase our products you agree that you have read these Terms and all related documents and that you are willing to be bound by them. 

1.2. The content of this website is for your general information and use only. It is subject to change without prior notice.

2. Variation

2.1. We may update our terms and conditions from time-to-time and the new provisions will apply from the date they are updated.

3. Disclaimer (General)

3.1. Whilst every care is taken, Octarine Projects Pty Ltd does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. 

3.2. The information available through this website site is provided for general business purposes only. 

3.3. You are solely responsible for any results you obtain as a result of using the information on this website.

3.4. You acknowledge and agree that no information or advice provided by us including that contained on this website any way constitutes health, financial, legal or technical advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.

3.5. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

4. Copyright, trademarks and other intellectual property

4.1. Octarine Projects Pty Ltd owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website. 

4.2. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. 

4.3. Please email info@octarineprojects.com if you require permission to reproduce any of the contents of this website.

4.4. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. 

4.5. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. 

5. Personal use only

5.1. You may access, download, or print material from the website for your personal use only. 

5.2. Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited. 

5.3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

5.4. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

6. No unlawful or prohibited use

6.1. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. 

6.2. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website. 

6.3. You agree not to hack into areas of this website that are not intentionally made available to you.

6.4. You expressly agree not to:

6.4.1. engage in any internal or external spamming, or other similar actions

6.4.2. engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions

6.4.3. decompile, reverse engineer, or try to copy or imitate this website or underlying content

6.4.4. use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.

6.4.5. use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).

6.4.6. use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes. 

6.5. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

7. Copyright infringement

7.1. If you believe that there is material on our website that infringes third party intellectual property rights, please email info@octarineprojects.com with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Octarine Projects Pty Ltd website if appropriate.

8. Cookies

8.1. This website uses cookies to monitor browsing preferences. 

8.2. By using our website or by agreeing to this Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

9. Third-party links

9.1. This website may also, on occasion, include links to other websites which are not controlled by us. 

9.2. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. 

9.3. Third-party links on our website do not signify that we recommend or endorse the websites. 

9.4. We have no control over the nature, content and availability of those websites.

10. Website security

10.1.  Octarine Projects Pty Ltd makes every effort to maintain the security of the Octarine Projects Pty Ltd website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content. 

10.2. Octarine Projects Pty Ltd disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

10.3. The Octarine Projects Pty Ltd website is managed by third-party services; therefore, the website may be inaccessible from time to time.

11. Limitation of Liability

11.1. Octarine Projects Pty Ltd will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law. 

11.2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

11.3. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website. 

12. Indemnity

12.1. You agree to indemnify and defend Octarine Projects Pty Ltd from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

12.1.1. your unauthorised use of this website, or products or services included or advertised on this website

12.1.2. your breach of these Terms of Use.

13. Applicable law

13.1. This agreement is governed by the laws of New South Wales and you consent to the exclusive jurisdiction and venue of courts within New South Wales, in all disputes arising out of or relating to the use of this website.

13.2. You may provide notice to us through the contact us page or otherwise by email addressed info@octarineprojects.com. 

13.3. Octarine Projects Pty Ltd may provide notice to you via email or other electronic means. 

13.4. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

14. Relationship

14.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Octarine Projects Pty Ltd as a result of this Agreement or use of this website.

15. Validity

15.1. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

15.2. These terms and conditions together with our Privacy Policy form the entire agreement between you and Octarine Projects Pty Ltd. 

16. Feedback, comments or complaints

16.1. If you have any questions, please email info@octarineprojects.com. We endeavour to respond to all inquiries within three business days.

(as per Institute of Professional Organisers Legal Templates)

The Professional Organiser Stefanie King of Octarine Projects Pty Ltd(“PO”) 

The person using this website and  booking a service via the online booking option (“Client”) 

The Client agrees to these terms and conditions without alteration. 

A. The Client 

A1. The Client is seeking to use the services of the PO. 

B. The Service 

B1. The PO offers a service (“Service”) to provide the Client with the expertise and skills of a professional organiser. 

B2. The Client shall, subject to the terms of this agreement, be entitled to receive the Service from the date this agreement is executed. 

B3. The Client agrees that the Client is only entitled to receive the Service if the Client has paid the Fee in full, or where an alternative mutual payment agreement has been established in accordance with clause C2. 

B4. The Client warrants that all information the Client provides to the PO under this agreement is true, correct, current, accurate and complete in all respects. 

B5. The PO will use its best endeavours to provide a service of the highest possible standard in accordance with the terms of this agreement. However, the PO does not accept responsibility for circumstances or events beyond the PO’s control. 

B6. The Client agrees that it will not transfer or assign any of its rights or obligations under this agreement. This includes, without limitation the obligation for payment and the right to cancel the Service. 

B7. The PO may transfer or assign its rights and obligations under this agreement at any time without restriction and without the consent of the Client, and upon doing so is relieved of any further obligations under this agreement. This includes, without limitation, if the PO sells their business, in which event the Service may be provided by the buyer of the business. 

B8. The Client indemnifies and holds the PO and its agents, employees, contractors, officeholders and shareholders (“the PO Personnel”) harmless from and against any and all claims, demands, proceedings, judgments, damages, costs and losses of any nature whatsoever, including reasonable legal fees (“Claims”) arising out of, or resulting from, or in connection with circumstances or events that are outside the PO’s control. 

B9. Without limiting clause B8, the Client acknowledges and agrees to indemnify the PO and the PO Personnel even though the PO and PO Personnel may be required to work in the Client’s private residence, with the Client’s possessions and whilst there may be children or pets in attendance. 

B10. Any indemnity or release granted by the Client to the PO and the PO Personnel under this agreement shall be construed as being in favour of the PO and any and all the PO Personnel and being in relation to any Claim which is made against one or more or any of the aforementioned. 

B11. Amendments to the terms specified in this agreement may be made by the PO from time to time. Any amendments to this agreement will be notified in writing by the PO to the Client. All amended terms will automatically be effective immediately. The Client’s continued use of the Service shall constitute acceptance of those amendments. If the Client does not agree with such amendments the Client may terminate the agreement with the PO. 

B12. The PO reserves the right at all times to alter the Service. In the event the PO does make an alteration to the Service, the Client acknowledges that he/she will not be entitled to any compensation. If the Client does not agree with such alterations, the Client may terminate the agreement with the PO. 

C. Payment terms 

C1. The PO shall not be obliged to provide any Service to the Client until the Client has booked, paid, and the PO has received in full, the total fee due under this agreement in respect of the Service (“Fee”), unless an alternative mutual payment agreement has been established between the PO and the Client pursuant to clause C2.

C2. Where an alternative mutual payment agreement is established between the PO and the Client, the Client acknowledges and agrees he/she is liable to all terms associated with the payment agreement as agreed between the PO and the Client, including but not limited to payment of the full Fee due under this agreement. 

D. Privacy 

D1. In addition to the PO’s Privacy Policy (“Privacy Policy”), the PO may be subject to the Privacy Act 1988 (Cth), including the National Privacy Principles. The Privacy Policy describes the way that the PO collects, holds and discloses information about its clients. The PO may from time to time vary its Privacy Policy. 

D2. Any client whom the PO collects personal information about may request access at any time to that personal information provided that the PO may charge a reasonable fee for providing such access. The PO may refuse to provide such access to information if legally permitted to do so. 

D3. The PO may collect personal information relating to the provision of the Service, including but not limited to the Client's name, occupation, residential address, postal address, contact telephone number, facsimile number, email address and bank account and other financial details. The collection of personal information may assist the PO to provide the Service to the Client. 

D4. The PO and all the PO Personnel shall not be liable for any Claim resulting from the loss or theft of the Client’s personal information records. 

D5. The PO reserves the right to retain any information provided to it by the Client, provided that the PO does not disclose the Client’s information except in accordance with this agreement or as required by law. 

E. Cancellation or postponement 

E1. The below table outlines when a late penalty fee shall be payable where cancellation or amendment of an existing Service booking occurs (“Late Penalty Fee”), and the amount of that Late Penalty Fee:

Time ahead of   booking time 

Late Penalty   Fee 

 Less than 24   hours  --- 100% of   agreed fee

 Less than 48   hours  ---    50% of agreed   fee

 More than 48   hours  --   10% of agreed   fee

E2. The PO shall be entitled to deduct any applicable Late Penalty Fee from the Client’s Fee. 

E3. If the Client is entitled to a part or full refund of the Fee, the PO shall make that refund as soon as practicable after notice of that entitlement is received by the PO. 

F: Confidentiality of the PO’s Information 

F1. The Client must not without the PO’s prior written consent divulge or communicate to any person, any document or information: 

a. in respect of the details of the Service; or 

b. as to the operation or performance of the Service; or 

c. which may come to its knowledge in the course of receiving the Service as to the operations, business dealings or financial affairs of the PO. 

F2. This restriction does not apply to any disclosure of information: 

a. which was already in the public domain; 

b. which is required by law to be communicated to a person who is authorised by law to receive that information; or 

c. that is made to a court or tribunal in the course of proceedings. 

F3. The Client indemnifies the PO and the PO Personnel against all Claims and expenses that the PO may incur if the Client breaches this clause F. The PO may recover from the Client as a debt due and owing to the PO, any such costs, losses, expenses or damages. 

F4. Without in any way whatsoever limiting any other provision of the agreement, the provisions of clause F continue for a period of one (1) year after the termination of this agreement. 

G. General 

G1. The Service is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, the PO disclaims all express or implied warranties with regard to the Service. Where warranties cannot be excluded under the Australian Consumer Law or similar legislation, the PO in its discretion limits its liability to the cost of the Service or the cost of providing the Service again. 

G2. This agreement is governed by the laws of NSW, and the Client irrevocably consents to the exclusive jurisdiction of the courts of NSW for purposes of any legal action arising out of or related to the use of the Service or this agreement. 

G3. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from the agreement and the parties remain bound by all of the provisions and part provisions remaining after severance. 

G4. No right under this agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. A party does not waive its rights under this agreement because it grants an extension or forbearance to the other party. 

H. The online booking  option

When you book a service via the online booking button you accept these Service  Terms and Conditions.