TERMS & CONDITIONS

The website https://www.kadycreative.com.au and all associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are owned and operated by Kady Creative PTY LTD ABN: 69 619 395 390 (“Kady Creative”, “we”, “us”, “our”). The term “you” or the “Client” refers to any user or browser of the Website or purchasers of our Services.

 

The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By accessing any information, by downloading our guides or registering in any other way to our mailing list or virtual products, or using the Services provided through the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing (together ‘users’). 

 

You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.

 

These Terms and Conditions do not modify, restrict, or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

 

1. OUR SERVICES 

Our Website and Services aim to provide a source of information, education, and community for businesses or individuals interested in branding, web design, and creative services. The information, videos, images, content, and material contained in or available through the Website and Services, are provided for general information purposes only. None of the content on this Website represents or warrants that any method or service is appropriate or effective for every business or individual. All information provided by us, including in our blog, is provided in good faith, though we make no guarantees of any specific result from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results.

 

By using this Website or our Services, you accept personal responsibility for the results of your actions, namely any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree that you are solely responsible for how you use such information and resources, and you agree to conduct due diligence.

 

We provide educational and informational resources that are intended to inform and guide users of this Website. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, circumstances, and innumerable other factors that are beyond the control and/or knowledge of Kady Creative. You recognise that as previous results do not guarantee a similar outcome, the results obtained by others, whether or not our clients or customers, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

 

2. PERMITTED USE

Kady Creative prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes our rights or the rights of others. 

 

You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or  in a manner not permitted by the Terms and Conditions.

 

3. ENQUIRIES, REGISTRATION AND SUBSCRIPTION

 

By making a preliminary enquiry, sending a message via social media, or the Website, joining our community, downloading any of our free guides, registering for or accessing our courses, webinars and associated materials ((Programs), or subscribing to our newsletters, you will be added to our email list and consent to receiving electronic communications from us. You can choose to opt out of receiving communications from Kady Creative at any time by following the instructions on the form to update your subscription or data preferences, unsubscribing from our email communications, or emailing us at hello@kadycreative.com. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

 

Some of our products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing us at hello@kadycreative.com.  Your subscription shall be terminated immediately upon cancellation, and you shall receive a refund based upon the portion of the subscription period that remains at the time of cancellation.

4.USER ACCOUNTS 

 

To access part of the Website or Courses you may be required to set up a user account and provide us with data. You consent to providing your personal data and acknowledge that if you do not consent, we may not be able to provide all or some of the Services. For more information regarding personal data, please refer to our Privacy Policy. You will be provided access to the content and materials via your account, for the period of the course, or for a specific period in which you can complete the course. 

 

You agree you will not create, hold, use or have carriage over more than one user account, you will not sell, transfer, license or assign your account, username, or any account rights, and that you will not create an account for anyone other than yourself. You agree you are responsible for all activity that occurs via your account, including maintaining the confidentially of your account and your account password.

 

You agree that all information you provide to us will be true, accurate, current, and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services. 

5. COMMUNITY GUIDELINES 

 

Our online community is a key part of our business, and therefore it is essential to ensure that all our members of our community adhere to the Community Guidelines to maintain a safe and ethical environment for all. Our online community is made up of people from different cultures, countries, religions and races, and disrespectful conduct of any kind towards anyone will not be tolerated. You may not communicate or incite any content or behaviour that is offensive or directly attacks, intimidates, or harasses someone based on religion or faith, race or ethnicity nationality, sexual orientation, age gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone, or restrict another User’s use and enjoyment of the community in any way.

 

Kady Creative will not tolerate negative conduct of any kind. You must not use threatening language of any kind for any reason. You must not make threats of harm to personal or public safety or which would unfairly advantage a commercial entity or any individual.

 

Kady Creative prohibits dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are, or that you represent someone else, or impersonate any other individual or entity for any purpose.

 

If it is found, or we have reasonable grounds to believe, that a member of the Kady Creative  community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Services and inform the relevant authorities where appropriate.

 

To report any behaviour which you believe violates these guidelines please email us at hello@kadycreative.com.

 

Communication  

 

The Website and online community may contain forums, chat areas, news groups, personal web pages, calendars, blog comment sections and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. You agree that when using the Communication Services, you must only communicate content you own or have the right to communicate.

 

You agree you will not: harass, defame, stalk, abuse, stalk, threaten or otherwise violate the legal rights  of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate the guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service, to remove any materials in our sole discretion, and to terminate your access to any or all of the Communication Services for any reason and at any time without notice.

 

We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

 

We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability about the Communication Services and any actions resulting from your participation in any Communication Services.

 

Materials uploaded to Communication Services may be subject to limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations.

 

User-Generated Content

 

The Website and our Communication Services may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘User-Generated Content’), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

 

You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with Services.

   

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

6. THIRD-PARTY INFORMATION AND LINKS 

 

The Website may contain links to third-party websites or resources by way of recommendations of the provision of relevant information. You acknowledge and agree that we are not responsible for the information, services, or resources of any third parties, nor do these links imply any commercial endorsement by, or affiliation with us. We do not guarantee, represent, or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services, or resources.

 

We may, from time to time, provide information from a third party in the form of a podcast guest interview, guest blog post, or interview through other media. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information they provide and cannot guarantee the veracity of any statements made by such guests.

 

Individuals who agree to appear as guests on any podcast offered by us agree to transfer all intellectual property rights they may have in any such interviews to us and further provide an unlimited, world-wide royalty-free license to any rights they are unable to assign.

 7. REVIEWS, TESTIMONIALS, EDORSEMENTS & AFFILIATES

 

We may provide reviews of products, services, or other resources, which may be provided to us for free or at a reduced price as an incentive to provide a review. Any such reviews will represent the good-faith opinions of its author. Accordingly, you recognise that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Website.

 

We will disclose any discounts or incentives that we have received in exchange for providing a review of a product. If you would like further information, send us an email at hello@kadycreative.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

 

You may find testimonials we have received from clients and customers of the products and services offered on this Website or by us.

 

Although these testimonials are the actual statements, we received about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You recognise and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by us.

 

We may refer to other products, services and/or experts on this Website. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. It is your responsibility to conduct your own research and make your own determination about any such product, service and/or expert.

 

We may participate in affiliate marketing and may allow affiliate links to be included on some of our Website. This means that we may earn a commission if/when you click on or make purchases via affiliate links. We will inform you when one of the links is an affiliate link and will only affiliate with products, services, and experts that we believe will provide value to our customers and followers.

 

You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by us and will conduct your own research and will rely upon your research in deciding whether to purchase the affiliate product or service.

8. INTELLECTUAL PROPERTY 

 

You acknowledge and agree that the Website and the Services contain information, content and material that is owned by  and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force. 

You are prohibited to copy, distribute, share and/or transfer information, content and material from the Website or Services (and/or their associated username or passwords) you purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address, etc.) to ensure additional safety.

No part of the Website or Services, including any content, information or material posted on the Website or downloaded via the website may be used, reproduced or exploited in any form or by any means, except as expressly permitted by us.

Kady Creative respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services is original content of Kady Creative and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to it.

You acknowledge and agree to respect the intellectual property rights of others, including but not limited to our users, and third parties, by refraining from using, reproducing or exploiting any third-party content or User Content that infringes their intellectual property rights recognised throughout the world, whether existing under statute, at common law or in equity, now or hereafter in force.

 

These Terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks, graphics, and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners. 

 

We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or any other third party, we have the right to deny access to, or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.

 

Templates and Forms

We provide various templates and/or forms for download and/or sale on this Website. We grant you a limited, personal, non-exclusive, non-transferable license to use the templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to copy, reproduce, edit, modify, alter, enhance, create derivative works of, reverse engineer or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use. The templates and/or forms may not be sold or redistributed without our express written consent.

Free Downloadable Content

We provide various resources on this Website that users may access by providing an email address. We grant you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to copy, reproduce, edit, modify, alter, enhance, create derivative works of, reverse engineer or in any way exploit any of the free content in any manner.

By downloading the free content, you agree that (i) the free content may only be used by you for your personal or internal business use and may not be sold or redistributed without our express written consent, and that (ii) you shall not create any derivative work based upon the free content and you shall not offer any competing products or services based upon any information contained in the free content.

 

Courses

We may, from time to time, provide courses for sale on this Website. Upon your purchase of such courses, we grant you a limited, personal, non-exclusive, non-transferable license to use the purchased courses for your own personal or internal business use for the period of time specified on the Website for the courses. Except as otherwise provided, you acknowledge and agree that you have no right to copy, reproduce, edit, modify, alter, enhance, create derivative works of, reverse engineer or in any way exploit any of the courses in any manner.

By ordering or participating in courses, you agree that the course you purchase or download may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent by us. Furthermore, you agree that you shall not create any derivative work based upon the courses and you shall not offer any competing products or services based upon any information contained in the courses.

9. PRIVACY AND SECURITY OF INFORMATION

 

Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy as updated from time to time.

 

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

10. MAINTENANCE

 

Kady Creative is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service companies and other external factors; we therefore do not guarantee the availability of the Website all times or at any specific times.

11. TERMINATION 

 

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

 

(a)         where you are in breach of any of the Terms of Use or any related policies;

(b)         where at any time you have committed any act of willful or serious misconduct;

(c)         if you fail to pay any fees, payments or expenses properly payable to us for our Services within 28 days of the stipulated date;

(d)         where you have created a risk or possible exposure for us;

(e)         where there are unexpected technical issues or problems;

(f)          at the request of law enforcement or government authority; or

(g)         upon a request by you.

12. DISPUTES

 

In the event a dispute arises from, or in connection with, these Terms of the Use, the party who claims that there is a dispute will give written notice to the other party, include they include the details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method of resolving the dispute, in good faith. All aspects of every such meeting, except the fact that the meeting was held, will be privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting, do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party by notice in writing to the other party to litigation.

13. WARRANTIES AND LIABILITY

 

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

 

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY WE) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

 

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.

 

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW. 

 

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

 

WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE WE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

 

14.WAIVERS AND INDEMNITY

 

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW,  INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

15. GOVERNING JURISDICTION

 

The laws of New South Wales govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.

 

16. MISCELLANEOUS

 

This Agreement (and all related documents, policies, and legal notices) constitute the entire agreement concerning your use of this Website and supersedes all previous agreements or understandings, whether written or oral, in relation to your use of this Website. 

 

No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign the document. If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect. 

 

The failure of a party at any time to perform any obligation under the Terms and Conditions is not a waiver of that party’s right:

 

(a)       to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and

(b)      at any other time to require performance of that or any other obligation under the Terms and Conditions.

 

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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