Terms and Conditions
Please note we have a 3 month minimum on our monthly subscription furniture and homewares offerings. For day, week or one month hires email us for a quote.
1.1 “AntiCommitment” (“we”, “our”, “us” or “AC”) means ANTICOMMITMENT PTY LTD (ABN 80 646 438 904), its successors and assigns or any person acting on behalf of and with the authority of ANTICOMMITMENT PTY LTD (ABN 80 646 438 904).
1.2 “Services” means the AntiCommitment website located at www.anticommitment.com.au and www.anticommitment.com (the “Site”) and related services including AntiCommitment's furniture rental services and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Furniture” means all Furniture (including any home accessories) supplied on hire by AntiCommitment to the User (and where the context so permits shall include any incidental supply of services). The Furniture shall be as described on any invoices or other documentation provided by AntiCommitment to the User.
1.5 “Rental Period” means the period that the User has the Furniture for - starting from the day the Furniture is delivered to or picked up by the User, to the day the Furniture is returned by the User.
1.6 “Rental Price” (“price”) means the cost of the hire of the Furniture as agreed between AntiCommitment and the User.
2. THE COMMONWEALTH COMPETITION AND CONSUMER ACT 2010 (“CCA”) AND FAIR TRADING ACTS (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the User hires Furniture as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by AntiCommitment from the User for the hire of Furniture and/or the User’s acceptance of Furniture supplied on hire by AntiCommitment shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of AntiCommitment.
3.4 The User shall give AntiCommitment not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by AntiCommitment as a result of the User’s failure to comply with this clause.
3.5 Furniture is supplied by AntiCommitment based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
4. PRICE AND PAYMENT
4.1 The Price shall be AntiCommitment's current Price, at the date of renting, according to AntiCommitment's current Price list as detailed on AntiCommitment's website.
4.2 AntiCommitment reserves the right to change the Price in the event of a variation to the User’s requirements.
4.3 At AntiCommitment's sole discretion a deposit may be required.
4.4 At AntiCommitment's sole discretion a bond may be required which shall be refunded upon return of the Furniture in a condition acceptable to AntiCommitment.
4.5 At AntiCommitment's sole discretion:
(a) payment shall be due before delivery of the Furniture; or
(b) payment for approved Users shall be made by instalments in accordance with AntiCommitment's payment schedule (monthly payments).
4.6 Payment may only be made by credit card (only Amex, Mastercard and Visa accepted) or by any other method as agreed to between between AntiCommitment and the User.
4.7 In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
4.8 Receipt by AntiCommitment of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
4.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.10 All Prices on our website are denominated in Australian Dollars.
4.11 Ongoing rental payments and other payments
(a) You must pay the rental payments at the frequency as set out by AntiCommitment (monthly).
(b) You must pay us the first rental payment in advance. The next rental payment will be deducted automatically.
(c) Rental payments are made in advance.
(d) If you fail to pay us a rental payment you will be in breach of this Agreement.
(e) Rental payments must be paid in clear fund without any deductions, set off or counterclaims. You are not entitled to deduct any monies that you may claim are payable to you by us from the rental payments.
(f) You obligation to pay the rental payment is unconditional and irrevocable.
(g) The rental payments are fixed. If there are any government charges or taxes that apply to this Agreement, you must pay us the government charge or tax unless the tax relates to our income.
(h) If you are in breach of your obligations under this Agreement, we may charge you a late payment fee as set out in the Schedule. The late payment fee includes any fee we pay to our banker on account of a dishonoured payment as well as internal administration fee. You will be liable to pay us the late payment fee until the default is remedied or the Agreement is terminated and the Goods are returned to us in good working order.
5. RENTAL AGREEMENT
5.1 By executing the Schedule you offer to rent the Goods from us. We do not have to accept the offer. We will not consider to accept an offer from you to rent Goods from us unless:
(a) You properly executed this Agreement;
(b) You Paid us the for the first month rent; and
(c) You executed in our favour authorising the auto repayments under the Agreement or you elected any of the other methods available to you to pay the rental payments.
5.2 This Agreement commences operation from the time you take possession or control over the Goods and will continue to run until the Goods are returned to us.
5.3 This Agreement is a continuing rental agreement with no fixed term.
5.4 The minimum term of this Agreement is 3 Months.
5.5 You must return the Goods to us at the end of the Agreement.
5.6 How to Terminate this Agreement
Either party may terminate this Agreement by one month notice. If this Agreement is terminated, you must return the Goods to us in good working order before the date which the next rental payment is due. If you miss that date, we reserve the right to share you a pro rata rent until the Goods are returned to us.
You may terminate this Agreement by returning the Goods to us but if you did not give us the required notice, you agree to pay us rent in lieu of notice.
6. DELIVERY AND RETURN OF THE FURNITURE
a) Delivery shall be subject to the Customer successfully placing an Order.
b) With respect to Delivery, the Company or its Contractors shall:
i) Notify the Customer of the estimated time of delivery on the Delivery Date; and
ii) Inform the Customer of any delays with the Delivery.
c) The Customer must be present at the Premises to accept Delivery of the Furniture and sign a receipt to confirm the Delivery.
d) To facilitate Delivery, the Customer must:
i) Ensure that there is sufficient access and space, and that any staircases and lifts providing access are suitable for the Delivery; and
ii) Notify and obtain any necessary permissions to complete the Delivery.
e) If the Customer is not at the Premises at the agreed time or fails to ensure Delivery can be completed, then the Company will charge a re-delivery Fee as notified to the Customer which must be paid prior to the new Delivery Date.
f) The Delivery Date may only be rescheduled subject to the Company’s approval, and dependent on the Company’ availability to provide the Services on the rescheduled Delivery Date.
g) The Customer acknowledges that rescheduling the Delivery Date may result in the Customer incurring additional Fees, which the Company may charge at its discretion. Any additional Fees incurred must be paid prior to the new Delivery Date. In the event of non-payment of additional Fees, the Company may terminate the agreement and the Customer will forfeit all payments that have been made to the Company.
h) The Company and its Contractors may refuse to perform the Services if they determine that the Premises is:
(iii) Not fit for Delivery;
and the Company shall give the Customer written notice that of what is required in order to perform the Services.
i) At the time of Delivery, the Customer has the sole responsibility to inspect the Furniture to ensure it is in good condition and working order.
6.2 Removal of Furniture
a) Where the Customer has elected for the Company to pick-up and remove the Furniture, then the Customer acknowledges that the Company will charge an additional Fee to cover the reasonable costs of pick-up as notified to the Customer, which must be paid in advance.
b) Upon the notice being received by the Company, the Company will inform the Customer of a time suitable to the Company to complete return or pick up of the Furniture (as the case may be).
c) Where the Furniture is to be collected by the Company, the Customer must be present at the Premises to enable the Company or its Contractors to pick up the Furniture, failing which the Customer will be responsible for the costs to arrange a new pick-up time as notified to the Customer which must be paid in advance.
6.3 Pick up and Drop off of Furniture Performed by User
(a) If the User does not wish to have the Furniture delivered, we can arrange for the Furniture to be picked up at the Company’s nominated address at the User’s own cost
b) If the User does not with to have the Furniture picked up by AntiCommitment, we can arrange for the Furniture to be returned to the Company’s nominated address at the User’s own cost
7. LIABILITY FOR THE GOODS
7.1 AntiCommitment retains property in the Furniture nonetheless all risk for the Furniture passes to the User on delivery/pickup. The User accepts full responsibility for the safekeeping of the Furniture. You must protect the Goods from any incidental damage whist the Goods are in your possession;
7.2 You agree to maintain contents insurance which covers the Goods in the event the Goods are damaged, destroyed by fire, accidental breakage or stolen. If we ask for it you must give us a copy of your insurance policy of each insurance policy and evidence that the insurance is current.
7.3 You will continue to be liable to pay the rental payment, despite the Goods being damaged, lost or stolen until the Goods are returned to and delivery is accepted by us;
7.4 If the Goods are damaged, destroyed, lost or misappropriated in any way (including as a consequence of being stolen) and we suffer loss or damage as a result, you agree to indemnify and pay us on demand any loss suffered by us as a consequence of the Goods being damaged, destroyed, lost or misappropriated;
7.5 Your liability for any damage caused to the Goods is not dependent on fault. You remain liable to us for the value of the Goods or rental payments even if the damage, theft or misappropriation was not your fault or you were not involved with it. Your liability to pay the rental payments is not dependent on your enjoyment of or benefit derived out of the Goods.
7.6 AntiCommitment offers free damage insurance to the value of one hundred dollars ($100) to cover minor damage or staining. For minor damage and/or staining if AntiCommitment assesses (at its sole discretion) that the cost of repairs will be over one hundred dollars ($100), then the User will be required to pay the difference (e.g. if the repair cost is one hundred and fifty dollars ($150), then AntiCommitment will require the User to pay fifty dollars ($50).
7.7 If the Furniture gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, AntiCommitment will take into account, the demand of that Furniture in the market, the availability to purchase that Furniture in the market, the condition of the Furniture, and the rental fee that the User has already made. Charges can be up to 100% of the recommended retail value in addition to the rental cost that the customer has already paid.
7.8 To prevent the potential use of fraudulent credit cards (or other payment types), AntiCommitment withholds the right to request proof of identity for orders it deems high value. Orders containing three or more Furniture pieces may be subject to this request. Where fraudulent activity is suspected, AntiCommitment follows internal verification methods to ensure that the order is valid. If AntiCommitment cannot confirm this, the order may be cancelled. If this is the case, the customer will be notified by email.
8. USER'S RESPONSIBILITIES
8.1 The User shall:
(a) immediately notify AntiCommitment of any damage to the Furniture that occurs during the hire period;
(b) on termination of the hire, deliver the Furniture complete with all accessories, in good order as delivered, fair wear and tear accepted, to AntiCommitment;
(c) keep the Furniture in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Furniture;
(d) not alter or make any additions to the Furniture or in any other manner interfere with the Furniture.
9 RISK & INDEMNITY
9.1 You release us from any liability whatsoever arising as a result of your use of the Goods.
9.2 You acknowledge and agree that leasing and operating the Goods is at your own risk.
9.3 The User acknowledges that AntiCommitment is not responsible for the conduct or activities of any person that uses the Furniture and that AntiCommitment is not liable for such under any circumstances, including any injury to the person.
9.4 The User agrees to indemnify AntiCommitment for any loss, damage, cost or expense that AntiCommitment may suffer or incur as a result of or in connection with the user's use of or conduct in connection with the Services, including any breach by the User of this Agreement.
9.5 In no circumstances will AntiCommitment be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User's access to, or use of, or inability to use a Service or Furniture, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not AntiCommitment knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
9.6 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, AntiCommitment and the AntiCommitment's related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, AntiCommitment's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the AntiCommitment's option to:
i. The re-supply of services or payment of the cost of re-supply of services; or
ii. The replacement or repair of goods or payment of the cost of replacement or repair.
10. TITLE TO HIRED FURNITURE
10.1 Ownership of Goods and Your Right to Use the Goods
(a) The Furniture is and will at all times remain the absolute property of AntiCommitment.
(b) The only interest or right in the Goods that you have as a consequence of this Agreement is as a bailee of the Goods and the right to quiet enjoyment of and use of the Goods in accordance with the terms of this Agreement;
(c) You must not part with possession of the Goods or give another person an interest in the Goods;
(d) If you part with possession of the Goods, give another person an interest in the Goods, or fail to return the Goods to us on demand being made pursuant to the terms of this Agreement, you will be considered to have misappropriated the Goods without authority.
(e) If the User fails to return the Furniture to AntiCommitment then AntiCommitment or AntiCommitment's agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Furniture is situated and take possession of the Furniture.
11. TITLE TO FURNITURE BEING SOLD TO THE USER
11.1 AntiCommitment and the User agree that the ownership of Furniture shall not pass until:
(a) the User has paid AntiCommitment all amounts owing to AntiCommitment; and
(b) the User has met all of its other obligations to AntiCommitment.
11.2 Receipt by AntiCommitment of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
12. DEFECTS, WARRANTIES AND RETURNS, COMPETITION AND CONSUMER ACT 2010 (CCA)
12.1 The User shall inspect the Furniture on delivery and shall within four (4) hours of receipt of the Furniture notify AntiCommitment (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered. Upon such notification the User must allow AntiCommitment to inspect the Furniture. We will arrange exchange, or refund of the booking fee once the item is received back at the warehouse.
Return due to change of mind
12.2 All Furniture which is to be returned because the User has changed their mind must be sent back to AntiCommitment within twenty-four (24) hours of signing for the delivery/pickup. A refund request must be submitted within 24 hours of delivery/pickup. Any refund requests submitted after 24 hours are not eligible for a refund. Once AntiCommitment has received the unused Furniture back at the warehouse, AntiCommitment will issue the User a full refund of the Furniture rental cost, minus the shipping cost.
Cancel prior to receiving Furniture
12.3 If the User wishes to cancel an order before they have the Furniture, a cancellation request form must be submitted on AntiCommitment as soon as possible. No cancellation fees will be applied when cancelling a booking more than 14 days prior to the start of the rental period. When cancelling within 7 days of your rental period, a $10.95 cancellation fee will be applied and a fee of $7.95 will be applied when cancelling between 7 days and 14 days prior to your rental period. Once the item has been dispatched from AntiCommitment's premises, a refund request must be submitted instead of cancellation request via AntiCommitment’s website.
12.4 AntiCommitment may cancel these terms and conditions or cancel the delivery of Furniture at any time before the Furniture is delivered by giving written notice. On giving such notice AntiCommitment shall repay to the User any sums paid in respect of the Price. AntiCommitment shall not be liable for any loss or damage howsoever arising from such cancellation. In which event AntiCommitment will issue the User a full refund of the Furniture rental cost, minus the shipping cost.
General return information
12.5 Whilst AntiCommitment will make every effort to process a refund/cancellation as quickly as possible, the refund process can take approximately ten to twenty (10-20) working days dependant on the independent processing time taken by the User’s credit card provider and the User acknowledges that AntiCommitment has no control over such Credit card issuers processes.
12.6 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
12.7 AntiCommitment acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
12.8 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, AntiCommitment makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Furniture. AntiCommitment's liability in respect of these warranties is limited to the fullest extent permitted by law.
12.9 If the User is a consumer within the meaning of the CCA, AntiCommitment's liability is limited to the extent permitted by section 64A of Schedule 2.
12.10 If AntiCommitment is required to replace the Furniture under this clause or the CCA, but is unable to do so, AntiCommitment may refund any money the User has paid for the Furniture.
12.11 Returns will only be accepted provided that:
(a) the User has complied; and
(b) AntiCommitment has agreed that the Furniture are defective; and
(c) the Furniture are returned within a reasonable time at the User's cost (if that cost is not significant); and
(d) the Furniture are returned in as close a condition to that in which they were delivered as is possible.
12.12 Subject to the CCA, AntiCommitment shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Furniture;
(b) the User continuing the use of any Furniture after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.
13. USER'S DEFAULT AND CONSEQUENCES OF DEFAULT
13.1 An event of default will take place if:
(a) you do not pay any amount payable under this Agreement when it is due to be paid;
(b) you do not comply with any of the terms of this Agreement;
(c) any of the information that you supplied us in connection with this Agreement is incorrect or is misleading;
(d) you take advantage of the laws of bankruptcy or become externally administered in any way;
(e) you die or become incapable of managing your affairs;
(f) the Goods are damaged or destroyed
13.2 What happens on default
(a) If you are in default under this Agreement and the default is not remedied in accordance with our demand, we reserve the right to immediately terminate this Agreement and demand the return of the Goods to us. We may collect the Goods from you, at your expense;
(b) If we need to gain access to your residential premises for the purpose of removing the Goods, you expressly agree to us gaining access to your property and agree to execute such forms as we may require from time to time to facilitate the authority to enter the premises;
(c) You agree to indemnify and to continue to indemnify us against all losses, costs and expenses we incur or suffer as a consequence of your breach of this Agreement including, without limitation, to any loss of rent for the Goods and Enforcement Expenses.
13.2 If the User owes AntiCommitment any money the User shall indemnify AntiCommitment from and against all costs and disbursements incurred by AntiCommitment in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, AntiCommitment's collection agency costs, and bank dishonour fees).
13.3 Without prejudice to any other remedies AntiCommitment may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire AntiCommitment may repossess the Furniture, or suspend or terminate the supply of Furniture to the User and any of its other obligations under the terms and conditions. AntiCommitment will not be liable to the User for any loss or damage the User suffers because AntiCommitment has exercised its rights under this clause.
13.4 Without prejudice to AntiCommitment's other remedies at law AntiCommitment shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies AntiCommitment may have and all amounts owing to AntiCommitment shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to AntiCommitment becomes overdue, or in AntiCommitment's opinion the User will be unable to meet its payments as they fall due; or
(b) the User 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; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.
14. SECURITY AND CHARGE
14.1 In consideration of AntiCommitment agreeing to supply Furniture, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
14.2 The User indemnifies AntiCommitment from and against all AntiCommitment's costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising AntiCommitment's rights under this clause.
14.3 The User irrevocably appoints AntiCommitment and each director of AntiCommitment as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause including, but not limited to, signing any document on the User's behalf.
15. USER GENERATED CONTENT
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant AntiCommitment a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at AntiCommitment's sole discretion. We reserve the right to change, condense or delete any content on our website that AntiCommitment deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. AntiCommitment does not guarantee that you will have any recourse through AntiCommitment to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, AntiCommitment reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not AntiCommitment, are responsible for the contents of your submission.
None of the content that you submit shall be subject to any obligation of confidence on the part of AntiCommitment, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting any content to AntiCommitment, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold AntiCommitment (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
16. USER ACCOUNT
16.1 To make orders through the Website you must become a registered customer. Each customer is allowed to create a maximum of one registered customer account (Account).
16.2 Registered account holders must:
a)Be over 18 years old
b)Reside in Australia
c)Be capable of entering a legally binding agreement with AntiCommitment; and
d) Agree to these Terms and Conditions.
16.3 Registered account holders are required to create an Account password and keep it secure. If you suspect your Account has been subject to unauthorised use you must immediately notify AntiCommitment and change your password. This is important so that your personal information remains secure.
16.5 You agree that all information provided to AntiCommitment will be accurate and complete and that you will not omit any information that a reasonable person would consider relevant to the services you seek through the Website.
16.6 If at any time you wish to close your Account you should email email@example.com
16.7 If at any time you wish to unsubscribe from AntiCommitment information alerts, please click the 'unsubscribe' button at the bottom of any AntiCommitment email.
17. PRIVACY ACT 1988
18. INTELLECTUAL PROPERTY
18.1 All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to AntiCommitment. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of AntiCommitment, or as permitted by law. All rights of AntiCommitment are reserved.
18.2 'AntiCommitment' and the AntiCommitment logo are trade-marks of AntiCommitment.
18.3 Trade-marks used on the Website to describe third parties and their products are trade-marks of those third parties.
19. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
19.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
19.2 Upon assenting to these terms and conditions in writing the User acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Furniture that has previously been supplied and that will be supplied in the future by AntiCommitment to the User.
19.3 The User undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which AntiCommitment may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement;
(b) indemnify, and upon demand reimburse, AntiCommitment for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Furniture charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of AntiCommitment;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Furniture in favour of a third party without the prior written consent of AntiCommitment.
19.4 AntiCommitment and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
19.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
19.6 The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
19.7 Unless otherwise agreed to in writing by AntiCommitment, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA.
19.8 The User must unconditionally ratify any actions taken by AntiCommitment
19.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA
20.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
20.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Sydney New South Wales.
20.3 AntiCommitment shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by AntiCommitment of these terms and conditions (alternatively AntiCommitment's liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Furniture).
20.4 AntiCommitment reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which AntiCommitment notifies the User of such change. Except where AntiCommitment supplies further Furniture to the User and the User accepts such Furniture, the User shall be under no obligation to accept such changes.
20.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
20.6 The failure by AntiCommitment to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect AntiCommitment's right to subsequently enforce that provision.
20.7 Unless otherwise specified, the User agrees that by sending or tagging photos of AntiCommitment Furniture, AntiCommitment may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.