Terms & Conditions

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or The Customer, or to those Users that do not qualify as Consumers or The Customer. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Terms of Service

1. Quotations

(a) Quotations given are subject to acceptance within thirty (30) days and subject to the right of withdrawal or revision. If any changes occur in the cost of materials, labour or other costs quotations shall be subject to revision by ANO Pty Ltd accordingly.

(b) ANO Pty Ltd shall endeavour to deliver the quantities quoted but owing to the difficulty of producing exact quantities, estimates, quotations and/or orders are conditioned upon margins being allowed for overs or shortage within the range ordinarily accepted within the industry.

(c) Cancellation of an order will be subject to the Customer compensating ANO Pty Ltd in full for all work done and materials used to date of cancellation

2. Acceptance

(a) Acceptance of the quotation or order placed as a result thereof shall be deemed acceptance of these terms and conditions notwithstanding any inconsistency which may be introduced by terms and conditions contained in the Customer’s order and no variation of these terms and conditions shall be of any effect whatsoever unless otherwise expressly agreed by ANO Pty Ltd in writing.

(b) The Customer agrees that there are no other conditions, warranties, representations or other terms affecting acceptance of the quotation other than those embodied herein except any conditions, warranties or other terms which may arise by applicable legislation and which can not be excluded, omitted or varied by contract.

(c) The Customer warrants that nothing contained in Materials supplied by the Customer constitutes an infringement of design, copyright, patent, trademark, trade name or is defamatory or obscene.

(d) ANO Pty Ltd shall be entitled in its sole discretion to refuse at any stage to mail or deliver any Materials which in its opinion may constitute an infringement of design, copyright, patent, trademark or trade name, be defamatory, obscene, an invasion of privacy, pornographic, tend to ridicule or embarrass or is in bad taste, be misleading or deceptive or the distribution of which may be contrary to law and ANO Pty Ltd shall not be liable for any loss, cost or damage suffered by the Customer as a result of any such refusal.

(e) The Customer agrees to indemnify and keep indemnified ANO Pty Ltd against all claims, actions, suits, liabilities, costs or expenses suffered or incurred by ANO Pty Ltd arising directly or indirectly out of any defect or fault in the Materials supplied by the Customer or any breach by the Customer of these terms and conditions (including any breach of warranty), which indemnity shall extend to include all ANO Pty Ltd legal costs and expenses (on a solicitor/client basis).

3. Postage

(a) Postage will be invoiced separately to the customer and is required to be prepaid prior to lodgment unless otherwise expressly agreed by ANO Pty Ltd in writing. Postage placed on the A&O account will be subject to a surcharge.

(b) ANO Pty Ltd will make every effort to meet scheduled delivery and mailing dates but ANO Pty Ltd will not be responsible for any delay in mailing or delay in delivery of mail by Australia Post or for any consequential loss or damage occasioned thereby nor shall ANO Pty Ltd be responsible for any loss, cost or damage suffered by the Customer where the Customer has failed and/or neglected to meet the aforesaid payment terms for postage.

(c) ANO Pty Ltd will not be responsible for any validating addresses errors, bulk mail discounts when using the PAF data supplied directly by Aus Post or any other third-party companies. PAF (Postal Address File) contains details on every delivery point in Australia, including Delivery Point Identifiers (DPID) unique to each delivery point in the country.

4. Unaddressed Distribution Services

5.1: We will endeavour, but cannot guarantee, to distribute your Distribution Materials within the delivery area in our Network, and within the Window, designated in your Order as accepted by us. You acknowledge that:

(a) actual delivery times may vary due to factors that are beyond our control;

(b) not all residential addresses are able to be delivered to including but not limited to;

(i) Secured residential apartment properties,

(ii) Gated communities.

(c) we will not deliver your Distribution Materials to letterboxes displaying a "no advertising material" sign or similar notice;

(d) independent distributors and deliverers in our Network may fail to undertake their tasks in an appropriate manner due to a variety of circumstances including but not limited to;

(i) adverse weather conditions,

(ii) a lack of deliverers willing to undertake the delivery service.

5.2 We may distribute materials for other customers at the same time as distributing your Distribution Materials.

5.3 Each quarter, we will review our Network to identify any Difficult Delivery Areas, and every delivery territory in which we have a Difficult Delivery Area will be removed from our Network unless we believe, acting reasonably, that we will be able to source deliverers for that Difficult Delivery Area in the following quarter. If we identify a Difficult Delivery Area in the delivery catchment specified in your Order, we will endeavour to tell you about the Difficult Delivery Area at the time of lodgement of your Order. Upon doing so, we may reject your Order as it relates to that Difficult Delivery Area, or you may cancel or revise your Order as it relates to that Difficult Delivery Area, prior to us accepting your Order.

5.4 Unless otherwise agreed, all Distribution Materials remaining with us or our independent distributors or deliverers on expiry of the Window ("Remaining Distribution Materials"), will be retained by us on the following terms and conditions:

(a) If you notify us in writing in your Order that you want to collect the Remaining Distribution Materials, on expiry of the Window:

(i) we will continue to hold the Remaining Distribution Materials on your behalf;

(ii) we will make arrangements for the Remaining Distribution Materials that we are reasonably able to collect to be collected from our Network and stored at our premises, at your cost;

(iii)we will notify you when these Distribution Materials are ready for collection at our premises and upon payment of our costs, you can collect these Distribution Materials within a reasonable period of time. If not collected with a reasonable period of time we may dispose of the Remaining Distribution Materials in accordance with paragraph 5.4(b).

(b) If you do not notify us in writing in your Order that you want to collect the Remaining Distribution Materials, on expiry of the Window:

(i) we will cease to hold the Remaining Distribution Materials on your behalf, and title to and property in those Distribution Materials will pass to us;

(ii) upon title passing to us, we will arrange for the destruction of the Remaining Distribution Materials and we have no obligation to account to you for any proceeds obtained upon the destruction.

5.5 You acknowledge that these conditions have been built into the price payable for the Services.

5. Freight

(a) ANO Pty Ltd will make every effort to meet scheduled delivery dates but will not be responsible for any delay in carriage or freight dispatch or delay in delivery by ANO Pty Ltd’s carriers or for any consequential loss or damage occasioned thereby nor shall ANO Pty Ltd be responsible for any loss, cost or damage suffered by the Customer where the Customer has failed and/or neglected to meet the aforesaid payment terms for freight.

(b) The Customer shall pay upon demand all courier charges by ANO Pty Ltd at the request of or for the benefit of the Customer and which are not included in the quotation for freight.

6. Warehouse and Insurance

Any of the Customer’s Materials held by ANO Pty Ltd or stored at ANO Pty Ltd premises or by mutual agreement at other premises shall be at the sole risk of the Customer. ANO Pty Ltd accepts no responsibility or liability for the handling or storage of the Customer’s Materials. If the Customer wishes to insure against any such risks separate insurance arrangements may be made with ANO Pty Ltd.

7. We retain your credit card information securely

(a) Where the Customer supplies Materials in connection with the Contract ANO Pty Ltd accepts no responsibility or liability for any errors or defects in work performed resulting directly or indirectly from defects in or the unsuitability of the Materials so supplied.

(b) ANO Pty Ltd agrees to carry out the quoted services on the basis that the information and Materials supplied by the Customer are of the standard and quality as specified in the quotation or otherwise as indicated by the Customer and in the event that additional costs or time are incurred by ANO Pty Ltd due to information or Materials not being as specified or indicated ANO Pty Ltd shall be entitled to charge the Customer for such additional costs or time and/or ANO Pty Ltd shall be entitled to exercise its discretion as to whether or in what manner to proceed with performance of the Contract.

(c) Customer’s Materials delivered to ANO Pty Ltd premises or other premises as mutually agreed are accepted on the basis that ANO Pty Ltd accepts no responsibility or liability for the accuracy of the delivery dockets accompanying such deliveries. ANO Pty Ltd may accept counts of Materials as reported by the Customer or its agent but shall not be responsible for any discrepancy.

(d) An allowance of 5% should be provided to cover unavoidable spoilage during setup and processing. ANO Pty Ltd shall not be liable for any shortage of material due to spoilage.

(e) If within fourteen (14) days of completion of ANO Pty Ltd’s work pursuant to the Contract ANO Pty Ltd is not given any instruction by the Customer in relation to the disposal of any of the Customer’s excess Materials the Customer shall be liable for the costs of storage thereof at weekly storage rates to be notified by ANO Pty Ltd and/or ANO Pty Ltd may dispose of such excess Material at its discretion without being liable or responsible to account to the Customer therefore.

(f) The Customer shall ensure and warrants to ANO Pty Ltd that its instructions to ANO Pty Ltd and all Materials supplied by the Customer and used in performing the Contract comply with the requirements of all applicable legislation and regulations including relating to the marketing and / or labelling and /or packing thereof. No warranty is given or responsibility accepted by ANO Pty Ltd to ensure that such Materials comply with the requirements of any such legislation or regulations.

(g) ANO Pty Ltd shall have a general lien for any outstanding debts of the Customer against all of any of the Customer’s property and materials in ANO Pty Ltd’s possession.

8. Customer Lists

Lists of customers supplied to ANO Pty Ltd by the Customer shall be treated by ANO Pty Ltd as confidential but ANO Pty Ltd does not accept any liability or responsibility for any loss suffered by the Customer in the event of loss of such lists by fire, vandalism, theft or other cause beyond the reasonable control of ANO Pty Ltd nor shall ANO Pty Ltd be liable for any intangible or special value attached thereto.

9. Force Majeure

ANO Pty Ltd shall not be responsible or liable for any delays in or inability to carry out the Contract or variation or cancellation of the Contract owing to an act of God, war, strikes, lockouts, fire, flood, drought or any other cause beyond ANO Pty Ltd’s reasonable control.

10. Drafts, Artwork, Etc

(a) All artwork, sketches, drawings, negatives, plates, presswork, layouts, programs, specifications, copy, copywriting, dummies and other experimental, investigative or preparatory work prepared or supplied by ANO Pty Ltd at the Customer’s request will be considered an order and charged for at ANO Pty Ltd’s current rates for such work unless otherwise agreed in writing by ANO Pty Ltd.

(b) All work property and materials referred to in sub-clause (a) supplied or prepared by ANO Pty Ltd shall remain the exclusive property of ANO Pty Ltd unless otherwise agreed in writing with the Customer and no use of same shall be made nor any ideas obtained therefrom be used without the written consent of ANO Pty Ltd and/or upon such terms as to compensation as ANO Pty Ltd shall require.

(c) Notwithstanding that the Customer’s systems and procedures may have been designed to operate with programs and specifications prepared by ANO Pty Ltd for the Customer and the property therein shall remain at all times vested in ANO Pty Ltd and the Customer agrees not to use or disclose the nature of such programs or specifications to other persons.

11. Proofs

(a) No responsibility or liability shall be accepted for errors in a proof approved by the Customer, Any additions or alterations to a proof, not due to error by ANO Pty Ltd, will be charged on invoicing as extra author’s corrections.

(b) All PDF's authors corrections (re-supplied pages after our first output) are subject to an additional charge of $25 per page.

(c) All design authors corrections are based on $120 per hour.

(d) ANO Pty Ltd may make additional charges to the Customer for press proofs unless the Customer is present when the form is made ready on the press so that no press time is lost.

12. Pallets

Where the Customer’s Materials are delivered on or in pallets or other forms of packaging ANO Pty Ltd accepts no responsibility or liability for such pallets or other forms of packaging the risk therein remaining at all times vested in the Customer and ANO Pty Ltd may charge the Customer for the cost of return of such pallets or other forms of packaging.

13. Cancellations

All cancellations should be made by the Customer in writing. Cancellations made after formal acceptance of a Contract may incur a Cancellation Fee of up to 25% of the total amount shown on your Contract (excluding Postage) or reasonable costs incurred pertaining to the delivery of your job, whichever is greater.

14. Claims

(a) Work performed shall be deemed to be acceptable to the Customer unless ANO Pty Ltd is notified in writing within fourteen (14) days of completion of the Contract.

(b) The liability of ANO Pty Ltd for any claim shall be limited to the value of the work performed and ANO Pty Ltd shall not be liable for any indirect or consequential or special loss suffered by the Customer or any loss to the Customer arising from third party claims.

(c) Notwithstanding any other provision of these terms and conditions, it is expressly agreed that nothing in these terms and conditions shall exclude, limit or vary any liability which may arise under the Trade Practices Act or any other applicable State or Federal legislation (if applicable) and which can not be excluded, limited or varied or to the extent that such liability may not be excluded, limited or varied.

15. Default

If the Customer defaults in payments to ANO Pty Ltd (or being an individual dies, becomes bankrupt or insolvent) or is wound up or a resolution is proposed or passed or an order made or legal proceedings instituted for winding up of the Customer or if a receiver or a receiver and manager is appointed in respect of any of the Customer’s undertaking, property or assets or if any compromise or arrangement is proposed or made between the Customer and the Customer’s creditors or any of them or if an application is made to any court for an order summoning a meeting of the creditors of the Customer then in any such event ANO Pty Ltd may at its option withdraw from or cancel or suspend this Contract (so far as it remains unperformed) in all or in part without liability on the part of ANO Pty Ltd and the Customer shall remain liable for all costs of and work done by ANO Pty Ltd to date of such withdrawal, cancellation or suspension.

Terms of use

Unless otherwise specified, the terms of use detailed in this section apply generally when using our Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

Content on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

User rights

Legal guarantee of conformity for goods

Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this Website in accordance with the laws of the country of their habitual residence.

National laws of such country may grant such Users broader rights.

Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.

Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licences under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such a platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

ANO Pty Ltd: A company incorporated in New South Wales of 1A/7-15 Gundah Road, Mount Kuring-gai NSW 2080 (ABN 87 165 345 451).

This Website (or this Application): The property that enables the provision of the Service.

Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User: Any User that does not qualify as a Consumer.

European (or Europe): Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We): Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Product: A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.

Service: The service provided by this Website as described in these Terms and on this Website.

Terms: All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You): Indicates any natural person or legal entity using this Website.

Contract: The contract created by acceptance by the Customer of ANO Pty Ltd's quotation, written or oral brief.

Consumer: Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

The Customer: Any person or company which accepts a quotation whether by itself or by an agent on its behalf.

Materials: 'Materials' includes goods, products, stocks, envelopes, packaging, print and other materials used or to be used by ANO Pty Ltd in performance of or in connection with the Contract and/or supplied by the Customer in connection with the Contract.

Latest update: 27 September 2023