1. About these terms
These Website Terms of Use (Terms) govern access to and use of
www.3dimagined.com and any related webpages operated by 3D Imagined Pty Ltd (Website). In these Terms, 3D Imagined, “we”, “us” and “our” refer to 3D Imagined Pty Ltd, ACN 695 680 481 and ABN 89 695 680 481, of 408/93 Brompton Road, Kensington, NSW 2033, Australia. “You” and “your” refer to each person who accesses or uses the Website, including a person acting for an organization.
By accessing or using the Website, you agree to these Terms. If you do not agree, you must not use the Website.
We may update these Terms from time to time by publishing the revised version on the Website and changing the “Last updated” date. The version in force when you use the Website applies to that use.
2. Website purpose and separate service terms
The Website provides general information about 3D Imagined and its services, which may include 3D rendering, 3D animation, floor plans and other related visualization services.
Website content is provided for general information and marketing purposes only. Nothing on the Website is an offer capable of acceptance, a binding quotation, architectural or engineering advice, or a promise that we will accept or perform a project.
Submitting an inquiry, booking a call or providing project information does not create a client relationship or require us to provide services. Any paid project will be governed by the applicable quotation, scope of work and separate Client Services Terms and Conditions accepted by the client. If there is an inconsistency, those project documents prevail in relation to the relevant services.
3. Eligibility and authority
The Website is intended for users aged 18 years or older. By using the Website, you confirm that you have legal capacity to agree to these Terms.
If you use the Website on behalf of a company or other organization, you confirm that you are authorized to act for and bind that organization in relation to your use of the Website.
4. Website content and intellectual property
4.1. Ownership
Unless otherwise stated, the Website and the Website Content, and all intellectual property and other proprietary rights in them, are owned by, licensed to or otherwise lawfully used by 3D Imagined.
Website Content includes, without limitation, the Website design and layout, branding, logos, trade names, text, photographs, videos, 3D renders, 3D animation, floor plans, graphics, case studies, articles, downloadable materials, software and other content made available through the Website.
4.2. Client and third-party material
Website Content may include work created for clients or material owned by third parties. The display of that material on the Website does not transfer ownership or grant any license or other right to use it, except as expressly stated in these Terms.
4.3. Limited permission to access the Website
Subject to these Terms, 3D Imagined grants you a limited, revocable, non-exclusive and non-transferable license to access and view the Website Content solely for the purpose of using the Website as intended and evaluating 3D Imagined’s services.
You may print or save a reasonable number of Website pages for your own internal reference, provided that you do not remove or alter any copyright, trademark or other proprietary notice.
You may share a link to a publicly available Website page, provided that the link is lawful, fair and not misleading and does not suggest any association with, approval by or endorsement from 3D Imagined where none exists.
4.4. Restrictions on use
Except as expressly permitted by these Terms or applicable law, you must not reproduce, copy, modify, adapt, distribute, publish, display, transmit, license, sell, commercially exploit or create derivative works from any Website Content without the prior written permission of 3D Imagined or the relevant rights holder.
4.5. Reservation of rights
All rights not expressly granted under these Terms are reserved.
5. Prohibited use
Unless we give prior written permission, you must not:
- download, extract or reuse renders, 3D animation, floor plans, images, case studies or other portfolio content other than as expressly permitted under clause 4.3;
- use Website Content to train, fine-tune, test, benchmark or otherwise develop any artificial intelligence, machine-learning or generative model, dataset or automated system;
- scrape, crawl, harvest, index or systematically retrieve Website Content or data using bots, scripts, automated tools or similar methods, except for ordinary search-engine indexing that complies with our technical instructions;
- remove or alter any copyright, watermark, trademark or attribution notice;
- frame, mirror, hotlink or reproduce the Website or any material part of it on another website or platform;
- attempt to gain unauthorized access to the Website, its servers, accounts, forms or connected systems, or circumvent any security or access-control measure;
- upload, transmit or introduce malware, malicious code, harmful material, spam or anything that interferes with the operation or security of the Website;
- impersonate another person, submit false or misleading information, or use the Website for fraud or any unlawful purpose;
- use the Website or Website Content in a way that infringes another person’s intellectual property, privacy, confidentiality or other legal rights; or
- use the Website in a manner that could damage, disable, overburden or impair it or interfere with another user’s access.
6. Inquiries, submissions and project information
You may provide information to us through an inquiry form, email, telephone call or another communication channel. You are responsible for ensuring that information you provide is accurate, lawful and not misleading.
You confirm that you have the right and authority to provide any drawings, plans, images, designs, trademarks, personal information or other materials submitted to us, and that our receipt and reasonable review of those materials for the purpose of responding to your inquiry will not infringe any third-party right.
You retain ownership of materials you submit. You grant us a limited, non-exclusive license to receive, store, copy and review those materials only as reasonably
necessary to respond to your inquiry, assess the proposed project, prepare a quotation and administer our communications with you.
Do not send highly confidential, export-controlled or security-sensitive information through the Website unless we have agreed an appropriate method of transmission in advance. A duty of confidentiality does not arise merely because information is submitted through the Website, although personal information will be handled in accordance with our Privacy Policy and any separate written confidentiality agreement will continue to apply.
You must not upload any file containing malware, ma
7. Feedback
If you voluntarily provide general feedback, suggestions or ideas about the Website or our business, you permit us to use that feedback without restriction or payment to you.
This clause applies only to voluntarily submitted ideas and suggestions. It does not transfer ownership of project materials and does not apply to complaints, reviews, confidential information or materials submitted for the purpose of requesting or receiving our services.
8. Third-party websites and services
The Website may contain links to, integrations with or content from third-party websites and services, including social media, scheduling, mapping, video, analytics or communication providers.
Third-party websites and services are not controlled by us and are governed by their own terms and privacy practices. A link or integration does not necessarily mean that we endorse or accept responsibility for the third party, its content, products or services. You access third-party services at your own risk.
9. Privacy
Our Privacy Policy explains how we collect, use, disclose and protect personal information obtained through the Website.
By submitting an inquiry or other information, you acknowledge that the information will be handled as described in the Privacy Policy. Where consent is required for a particular use, we will seek it separately.
10. Website information and visual content
We take reasonable care when preparing Website Content, but information may be general, incomplete, out of date or affected by typographical or technical errors. We may correct or update Website Content at any time without notice.
Renders, 3D animation, floor plans and other visual material displayed on the Website are illustrative examples. They may contain artistic interpretation, assumed materials, lighting, landscaping, furniture or other features and may differ from a final design or completed development.
Website Content must not be relied on as architectural, engineering, surveying, construction, planning, legal, financial or other professional advice, or as a representation or guarantee of measurements, regulatory approval, buildability, sales performance, funding or the final appearance of a project. Appropriate qualified professionals should verify matters relevant to an actual project.
11. Availability, security and changes
We may modify, suspend, restrict or discontinue any part of the Website at any time. We do not guarantee that the Website will always be available, uninterrupted, secure or free from errors, viruses or other harmful components.
You are responsible for using appropriate security precautions, maintaining backups and ensuring that your devices, software and internet connection are suitable for accessing the Website.
12. Disclaimer
To the maximum extent permitted by law, the Website and Website Content are provided on an “as is” and “as available” basis. We exclude all warranties, representations and conditions concerning the Website that are not expressly stated in these Terms.
Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition or remedy that cannot lawfully be excluded, restricted or modified under applicable law.
13. Limitation of liability
To the maximum extent permitted by applicable law, 3D Imagined and its directors, officers, employees, contractors and agents are not liable for any indirect, incidental, special or consequential loss, loss of profit, revenue, opportunity, goodwill or data, or business interruption arising from or connected with access to, reliance on, use of or inability to use the Website or Website Content.
Nothing in these Terms excludes or limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited.
This clause does not govern liability arising under a separate contract for paid services, which is governed by the applicable quotation and Client Services Terms and Conditions.
14. Indemnity for unlawful use
To the maximum extent permitted by law, you indemnify 3D Imagined against third-party claims, losses, liabilities and reasonable external costs arising directly from your unlawful use of the Website, your material breach of clauses 4 to 6, or your infringement of a third party’s intellectual property, privacy or confidentiality rights.
This indemnity does not apply to the extent that the loss was caused or contributed to by our negligence, willful misconduct or breach of law.
15. Suspension and enforcement
We may restrict or block access to the Website where we reasonably believe that a person has breached these Terms, created a security risk, infringed rights, engaged in unlawful conduct or interfered with the Website.
We may take reasonable legal or technical steps to protect the Website, Website Content, our systems and the rights of 3D Imagined, its clients and licensors.
16. Copyright or intellectual property complaints
We respect intellectual property rights. If you reasonably believe that material on the Website infringes rights you own or are authorized to enforce, contact us using the details in clause 19 and provide sufficient information to identify the material, the right claimed, your authority to act and your contact details.
We may request further information and may remove or restrict access to material while a complaint is assessed. You must not knowingly submit a false or misleading complaint.
17. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. Subject to any right or remedy that cannot lawfully be excluded, each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts of the Commonwealth of Australia exercising jurisdiction in New South Wales.
Nothing in this clause prevents 3D Imagined from seeking urgent interlocutory, injunctive or other protective relief in any court of competent jurisdiction, including where necessary to protect intellectual property, confidential information or the security of the Website.
If you access the Website from outside Australia, you are responsible for complying with laws applicable to your access and use. Nothing in these Terms excludes any mandatory right or protection available under applicable law.
18. General
If any provision of these Terms is unlawful, invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions will continue to apply.
A failure or delay in enforcing a right is not a waiver of that right. We may assign or transfer our rights and obligations under these Terms as part of a sale, restructure or transfer of the Website or business. You may not assign your rights under these Terms without our written consent.
These Terms constitute the agreement between you and us regarding use of the Website. The Privacy Policy separately explains how we handle personal information. These Terms do not replace or vary any quotation, Client Services Terms and Conditions, confidentiality agreement or other written contract separately agreed with 3D Imagined.
Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and 3D Imagined.
19. Contact us
Questions, complaints or notices relating to the Website or these Terms may be sent to: